SERIOUSLY INJURED MOTORIST DENIED INSURANCE CLAIM

Smith v National Injury Insurance Agency, Queensland [2020] QSC 289 (18 September 2020)  

This case involves an applicant who suffered a fatal injury from a vehicular accident where he seeks for insurance under the National Injury Insurance Scheme but was denied by the internal review officer  

Facts:  

The applicant, Mr. Smith, was seriously injured in a motorcycle crash. He suffered a catastrophic brachial plexus injury, leaving him with a useless and painful right arm. He applied for approval to participate in the National Injury Insurance Scheme. The internal review officer, however, denied his application stating that Mr. Smith did not incur a “serious physical injury” as defined under the law. The officer went on to note the medical evidence indicated there was some preserved hand function and movement and feeling in the wrist and some fingers.  

Issue:  

Is the internal review officer correct in denying Mr. Smith’s application on the ground that the latter did not suffer a serious physical injury?  

Law:  

• NIIS Act 3(1)- Purpose of Act  

“The purpose of this Act is to ensure that persons who suffer particular serious personal injuries as a result of a motor accident in Queensland receive necessary and reasonable treatment, care and support, regardless of fault. …”  

• Schedule 1 NIIS Act relevantly provides: “serious personal injury means a personal injury that is—  

(f) a permanent injury to the brachial plexus resulting in an impairment equivalent to a shoulder disarticulation amputation  

• S14A of Act Interpretation Act 1954 

(1) In the interpretation of a provision of an Act, the interpretation that will best achieve the purpose of the Act is to be preferred to any other interpretation. 

Analysis:  

The purpose of the Act, a relevant consideration pursuant to s 14A Acts Interpretation Act 1954, appears to be of neutral relevance here, in that none of the contended interpretations emerges as better than the other in achieving the Act’s purpose.   

It will be recalled the Act’s purpose is to ensure those who suffer particular serious personal injuries as a result of motor accidents receive necessary and reasonable, care and support.  The respondent was at pains to submit that purpose does not work backwards to call for a beneficial approach to interpretation when determining the class of persons in need of care and support by reason of their injuries.  

Conclusion: The decision of the internal review officer is quashed. 

#ActsofParliament #Interpretation