NSW Denial of Procedural Fairness

[JohnMason]

Hi
How does one take an insurance company to NCAT when they have committed breaches in the Motor Accident Injury Act 2017?
General Application was rejected, reason "NCAT must be a specifically named as the external reviewer of a particular decision made under a particular Act for it to have jurisdiction".
What application process is available to have the Insurer to be taken to NCAT to face the accusation of Denial of Procedural Fairness?

 

[Docupedia]

Can’t see NCAT having any jurisdiction in the matter. Have you tried the State Insurance Regulatory Authority - Home . They perform merits reviews under the Act.

 

[JohnMason]

Yes I did and it went to DRS. Problem is that the Insurer's non-compliance with the Act led to denial of procedural fairness. To complain to SIRA/DRS the only avenue available is via contesting the Medical Assessment and that locks you in.
The Act stipulates that the Insurer has to follow certain procedures but there is no remedy available with DRS. The insurer can manipulate and construct their assessments to suit their own agenda and that needs to be addressed.
Thanks for your reply.