Laws in each Australian state and territory require every registered vehicle to have motor accident injury insurance (MAII). Vehicles with automated driving systems (ADS) that can drive themselves for all or part of a trip are now being trialled and are expected to be commercially deployed in coming years. Although it is anticipated that automated vehicles will improve road safety in the longer term, accidents will continue to happen. This raises the question of how a person injured or killed in a crash involving a vehicle with an ADS could access compensation.

The purpose of this paper is to:

• identify barriers to accessing compensation under current MAII schemes for personal injuries caused by an ADS
• seek views on whether existing MAII schemes should be amended to provide cover for injuries caused by an ADS
• seek views on other options that could provide cover for injuries caused by an ADS.

Feedback we receive will be used to develop recommendations for ministers to consider at the May 2019 Transport and Infrastructure Council meeting.

The paper is part of a broader national reform program for the National Transport Commission, which aims to put end-to-end regulation in place to support the safe, commercial deployment and operation of automated vehicles.