Sparke Helmore's MAD (Motor Accidents Division) - Special Edition - Public Transport Accident Compensation - Issue 151
15 April 2026| 
Renée is an Accredited Specialist in Personal Injury Law. She specialises in insurance litigation with a focus on CTP claims and fraud. Her expertise extends to indemnity disputes, dual insurance and recovery issues.
Welcome to this special edition of Sparke Helmore’s Motor Accident Division Publication.
On 20 March 2026, the Transport Administration (General) Amendment (Public Transport Accident Compensation) Regulation 2026 came into effect (accessible here).
The amendment introduced Clause 23A into Part 4 of the Transport Administration (General) Regulation 2018 which says:
Award of damages for public transport accidents
- For the Act, section 121(2A)(a), the Motor Accident Injuries Act 2017, Part 4 applies to the award of damages for a public transport accident caused by or arising out of the use of a form of public transport that is a motor vehicle.
- For the Act, section 121(2A)(b), the application of the Act, section 121(1) is excluded in connection with a public transport accident caused by or arising out of the use of a form of public transport that is a motor vehicle.
- This clause does not apply to a claim for damages made before the commencement of the Transport Administration (General) Amendment (Public Transport Accident Compensation) Regulation 2026.
- In this clause— motor vehicle has the same meaning as in the Road Transport Act 2013.
As a result of Clause 23A, if a person is injured in a public transport accident and lodges a claim for damages after 20 March 2026, the applicable provision for an award of common law damages is now Part 4 of the Motor Accident Injuries Act 2017. The amended provision does not apply retrospectively.
