Determination of future treatment payment

In some circumstances an injured person can apply to the relevant insurer for a future treatment payment (FTP).

The FTP is an amount the relevant insurer must pay to an eligible injured person for treatment and care in the period 5 to 10 years after the motor accident.

If the injured person and the relevant insurer are unable to agree on the FTP amount, the relevant insurer or the injured person can apply to ACAT to determine the FTP. ACAT must decide the FTP amount payable and order the relevant insurer to pay the amount to the injured person.

Before you apply to ACAT

An injured person can apply to a relevant insurer for a future treatment payment. The insurer must calculate and provide to the injured person a FTP assessment notice.

If, after the injured person has received a FTP assessment notice, the injured person and the insurer cannot agree on the FTP amount, the injured person or the insurer can apply to ACAT determine the FTP.

Is there a fee to lodge an application?

There is a fee to lodge an application, unless you have an exemption, waiver or deferral.

Are there any other fees in the case?

There may also be a hearing fee if your matter is scheduled for more than one day of hearing.

If you want to subpoena documents or subpoena a person to attend a hearing to give evidence you will need to pay a fee.

Find a list of ACAT fees.

Will I have to pay costs?

In some Motor Accident Injuries Act 2019 matters, ACAT may order a party to pay the other party’s costs. Either party can apply for a costs order. If ACAT makes a costs order, there may be limits on the amount and the kind of costs that ACAT can order a party to pay.

Do I need a lawyer?

See our information about:

ACAT registry staff can give you procedural information, but not legal advice.

You may decide to get legal advice early, before making an application or before the first preliminary conference.

You can be represented by a lawyer when you come to ACAT, but it is not necessary. You can also be represented by someone other than a lawyer if that person is authorised. Any authorisation should be provided at the time the application is lodged.

How to apply to ACAT

To make an application you need to:

What to expect after an application to ACAT is made

After the application is received from either the injured person or the insurer, ACAT will send the application and a notice to all the parties. The notice will explain the next steps.

Responding to an application

If you are the respondent, you will need to fill out the response – future treatment payment [PDF 280KB] or [DOC 145KB]

You will need to tell us:

  • the amount and date of the last FTP offer that each party made
  • why you disagree with the other party’s offer of future treatment payment
  • what order/s you want ACAT to make.

Attach any document that you want ACAT to consider and that is relevant to the negotiations between the parties about the amount of future treatment payment.

A copy of the response form and any documents lodged will be provided to the other party.

Resolving your case

Even after an application is lodged, it is a good idea to continue to see if an agreement can be reached with the other party.

Often the first time you attend ACAT will be for a preliminary conference. Make sure you read our information about conferences.

If no agreement is reached at the conference, the matter will be scheduled for a hearing (which will be heard by a different ACAT Member/s on a future date). ACAT will also usually make directions. These will tell the parties what they need to do before a hearing. All parties will be required to prepare for a hearing by complying with any ACAT directions that are made.

The case will be heard by an ACAT Member or Members. At the end of the hearing, the ACAT Member or Members will tell the parties if they can deliver a decision immediately, or if they need to reserve the decision and give it later.

Orders ACAT can make

ACAT must decide the amount of a future treatment payment and order the relevant insurer to pay this amount to the injured person.

ACAT decisions are binding.

Appeals

If you think ACAT made an error when it decided the application, you may apply to appeal the decision within 28 days of the decision.

More information

Find out about:

Glossary and terms

Glossary and terms

ACT Civil and Administrative TribunalA tribunal established under the ACT Civil and Administrative Tribunal Act 2008. It may also be referred to as ACAT or Tribunal.

Adjourn (or adjournment)To suspend or postpone a preliminary conference, mediation or hearing and reschedule it for a future date.

Administrative reviewACAT has jurisdiction to review some administrative decisions made by the ACT Government. Find out about Review of ACT Government decisions.

Alternative dispute resolution (ADR)Also known as dispute resolution. This is a way of resolving disputes without a formal hearing. It may involve a preliminary conference or mediation. ADR is used to help parties resolve cases by agreement.

AnorMeans ‘and another’. This term is generally used to name parties to proceedings when there is more than one applicant or respondent.

Appeal TribunalA tribunal constituted under section 81 of the ACT Civil and Administrative Tribunal 2008 to review a decision of the tribunal (not all ACAT decisions are appealable at ACAT – you may need to go to the Supreme Court).

AppellantThe individual or company that appeals an ACAT decision.

ApplicantThe individual or company that brings a case to ACAT, usually by making an application.

Authorising lawsA law that says an application (including referrals) may be made to ACAT. An authorising law may also set out the powers ACAT has in a case. Also see ‘jurisdiction’.

Calling a witnessA party or their representative will ‘call a witness’ at an ACAT hearing when they ask a witness to give evidence.

CaseAlso known as a matter, dispute, application or referral. Cases come to ACAT when ACAT has jurisdiction (power) to make a decision.

Cross-examinationThe process of asking a witness questions to test or check the evidence that the witness has given to ACAT.

Defined benefitsare the following benefits (see section 33 of the MAI Act):

  1. income replacement benefits;
  2. treatment and care benefits;
  3. quality of life benefits;
  4. death benefits;
  5. funeral benefits.

Deliver a decisionAlso ‘handing down a decision’. This is giving a decision about an ACAT case. It may be done verbally or in writing (or both).

DirectionsInstructions that set out what each party must do (and when), often to prepare a case for hearing.

Directions hearingA short hearing where an ACAT Member or Registrar decides how to manage a case and what needs to be done before a hearing. Find out about directions hearings.

Ex parte orderAn order made by ACAT where one or more parties were not present.

Expert reportA written report from an expert that may be used as evidence.

Expert witnessA person with specialised knowledge based on their training, study or experience. An expert can give evidence at a hearing. Find out more about witness statements.

Final directions hearingSometimes ACAT will hold a final directions hearing prior to the final hearing of an application. The purpose is to make sure the case is ready to go to a hearing and give the parties a chance to ask questions about the hearing process.

Handed upGiving documents to an ACAT Member or Registrar in a hearing.

In chambersWhen ACAT considers something without holding a hearing.

Joined party (joined/joinder)A party who was not originally a party to the dispute but has later been added to the case.

JurisdictionACAT’s authority (power) to deal with, hear and decide applications (cases).

LeaveIf someone asks for leave, they are usually asking for permission to do something.

List (or listing)A schedule (or list) of cases to be heard at ACAT each day.

Listing noticeA letter or written document from ACAT that sets out when a conference, mediation or hearing is scheduled at ACAT.

MAI ActMotor Accident Injuries Act 2019 (ACT).

MediationA private meeting where parties discuss ways to resolve their dispute, with the help of an impartial mediator (who is also an ACAT Member or Registrar). It is held under section 35 of the ACT Civil and Administrative Tribunal Act 2008.

Non-publication and/or non-disclosure orderAlso called a ‘suppression order’. It is an order that requires certain information not to be published or disclosed. It is made under section 39 of the ACT Civil and Administrative Tribunal Act 2008. Find out about public hearings and confidentiality.

Notice to partiesA letter sent to the parties in a case that sets out the time, date and location for an ACAT conference, mediation or hearing.

Opening statementUsually means a statement made at the beginning of a hearing to outline the key points in the case. Sometimes parties are asked to give an opening statement at a mediation or preliminary conference.

Originating applicationAn application that starts an ACAT case.

Party or partiesAn individual or company directly involved in an ACAT case, for example an applicant or respondent. Find out how to identify and name parties.

Preliminary conferenceA private meeting where parties discuss ways to resolve their dispute with the help of an ACAT Member or Registrar. See section 33 of the ACT Civil and Administrative Tribunal Act 2008. ACAT has different types of preliminary conferences.

RegistryThe administrative section of ACAT that accepts documents lodged by parties, handles enquiries and provides support for case management.

Relevant insurerfor a motor accident, means the insurer under the Motor Accident Injuries Act 2019 (see section 34) of the motor vehicle considered to be at fault for the motor accident in the ACT.

RepresentativeA person who represents or advocates for an individual or company at a conference, mediation or hearing at ACAT. For example, a legal practitioner or an attorney appointed under a general power of attorney.

Reserved decisionWhen an ACAT Member or Registrar reserves a decision (at the end of a hearing), this means they will give their decision later, either verbally or in writing (sometimes both).

RespondentThe party (or parties) against whom orders or relief is sought.

Serve/serviceA person who can give evidence at a hearing. Find out about witness statements.

Short service orderAn order that authorises a shorter time for service (than the time otherwise required).

Significant occupational impact (SOI)Significant impact on an injured person’s ability to undertake employment.

Statement of reasonsA document that explains why ACAT made an order in a case. It sets out the law relied on by an ACAT Member or Registrar and explains how the law was applied to the facts of the case. You can request a written statement of reasons within 14 days after an order is made. Find out about statement of reasons.

StayAn order for a particular action (or decision) to be put on hold or suspended for a period of time.

SubmissionA document that sets out your side of a case or dispute and the relevant law. It is presented to ACAT either in writing, verbally or both. Find out about submissions.

SubpoenaRequires a person to appear at ACAT to give evidence or provide documents (or both). Find out about subpoenas.

Substituted service orderAn order that says how a party is to be served with an application or other documents related to the proceedings. In a civil dispute or a rental dispute, an applicant will need to consider asking for a substituted service order if they do not have a physical address for the respondent. Find out about lodging and serving documents.

WitnessA person who can give evidence at a hearing. Find out about witness statements.