Motor Accidents Act 1988 Motor Accidents (Determination of Non-Economic Loss) Order No 11 (2000-595) [GG No 127 of 29.9.2000, p 10835] (NSW)

2000 No 595

Motor Accidents (Determination of New South Wales

Non-Economic Loss) Order No 11

under the

Motor Accidents Act 1988

I, John Della Bosca, Special Minister of State, in pursuance of section 80 of the

Motor Accidents Act 1988, make the following Order.

Dated this 22nd day of September 2000.

JOHN DELLA BOSCA, M.L.C.,

Special Minister of State

Explanatory note
The object of this Order is to adjust the amounts that may be awarded for damages for non-economic loss to persons who have been injured as a consequence of motor accidents.

Section 80 of the Motor Accidents Act 1988 requires the Minister to declare the amounts on or before 1 October in each year. The amounts are indexed by reference to movements in average weekly earnings.

An amount specified in the Order applies to the exclusion of the corresponding amount specified in section 79 or 79A of the Motor Accidents Act 1988.

Published in Gazette No 127 of 29 September 2000, page 10835	Page 1
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2000 No 595
Motor Accidents (Determination of Non-Economic Loss) Order No 11
Contents
Contents

Page

1	Name of Order	3
2	Commencement	3
3	Notes	3
4	Section 79—Determination of non-economic loss
(accidents occurring before midnight on 26.9.95)	3
5	Section 79A (5)—Determination of non-economic loss
(accidents occurring after midnight on 26.9.95)	4

2000 No 595

Motor Accidents (Determination of Non-Economic Loss) Order No 11 Clause 1

Motor Accidents (Determination of Non-Economic
Loss) Order No 11

1      Name of Order

This Order is the Motor Accidents (Determination of Non-Economic

Loss) Order No 11.

2 Commencement

This Order commences on 1 October 2000.

3 Notes

The explanatory note and table of contents do not form part of this

Order.

4 Section 79—Determination of non-economic loss (accidents

occurring before midnight on 26.9.95)
(1) Section 79 (3)

It is declared that the maximum amount that may be awarded for non-economic loss of an injured person as a consequence of a motor accident that occurred before midnight on 26 September 1995 is $284,000.

(2) Section 79 (4)

It is declared that if the amount of non-economic loss of any such injured person is assessed to be $23,000 or less, no damages for non-economic loss shall be awarded.

(3) Section 79 (5)

It is declared that if the amount of damages to be awarded for non- economic loss in accordance with section 79 of the Motor Accidents Act 1988 is more than $23,000 but less than $87,000, the following deductions shall be made from that amount:

(a) if the amount of damages is less than $62,500—the amount to be deducted is $23,000,

2000 No 595

Clause 4 Motor Accidents (Determination of Non-Economic Loss) Order No 11

(b) if the amount of damages is not less than $62,500—the amount to be deducted is $23,000, or $23,000 reduced by $1,000 for every $1,000 by which the amount of damages exceeds $62,500.

5      Section 79A (5)—Determination of non-economic loss (accidents occurring after midnight on 26.9.95)

It is declared that the maximum amount that may be awarded for non-economic loss of an injured person as a consequence of a motor accident that occurred after midnight on 26 September 1995 is $284,000.

BY AUTHORITY