Hundreds of thousands of motorists may not be eligible for damages due to a new technicality.

This morning the NSW Government announced a new CTP green slip scheme that claims to deliver a significant reduction in premiums, refunds to around 4.2 million vehicle owners and greater protection for road users.

But the regulation fails to define the difference between a minor and major injury.

Arthur Moses SC, President of the NSW Bar Association talks with 4BC’s Ray Hadley about the consequences this new regulation could have.

“The concern that we have is that if you are going to take away fundamental rights of individuals, that should be the subject of scrutiny within the parliament.

“The fairness test was to be a feature of this legislation, so the minister [Dominello] promised, designed to ensure people with lower severity back and neck injuries who require assistant would be taken care of.

“Now the definition, which has been inserted into the regulation by the minister, fails to meet that objective.

“Almost all neck and back injuries will be characterised as minor injuries from today.  And the victims of those types of injuries will not have access to damages.”

Listen to the full interview below