Motor Accidents Act 1988 Motor Accidents (Determination of Non-economic Loss) Order No 3 (1992-542a) [GG No 119 of 25.9.1992] (NSW)

1992—No. 542A

MOTOR ACCIDENTS ACT 1988—ORDER

NEW SOUTH WALES

[Published in Gazette No. 119 of 25 September 1992]

I, John Planta HANNAFORD, being the Minister of the Crown administering the provisions of the Motor Accidents Act 1988, pursuant to section 80 of the Act (Indexation of amounts relating to non-economic loss), make the order set out in the following Schedule.

Dated 23rd September, 1992.

J. P. HANNAFORD

Attorney General.

SCHEDULE

Citation

1. This Order may be cited as the Motor Accidents (Detemination of Non-economic Loss) Order No. 3.

Commencement

2. This Order commences on 1 October 1992.

Section 79 (3)

3. It is declared that the maximum amount which may be awarded for non-economic loss of an injured person as a consequence of a motor accident is $211,000.

Section 79 (4)

4. It is declared that if the amount of non-economic loss is assessed to
be $17,500 or less, no damages for non-economic loss shall be awarded.

1992—No. 542A

Section 79 (5)

5. It is declared that if the amount of damages to be awarded for non-economic loss in accordance with section 79 (1)–(3) of the Motor Accidents Act 1988 is more than $17,500 but less than $64,500, the following deductions shall be made from that amount:

(a) if the amount of damages is less than $47,000—the amount to be

deducted is $17,500;

(b) if the amount of damages is not less than $47,000—the amount to be deducted is $17,500, or $17,500 reduced by $1,000 for every

$1,000 by which the amount of damages exceeds $47,000.

EXPLANATORY NOTE

Section 80 of the Motor Accidents Act 1988 requires the Minister administering that Act to declare, on or before 1 October in each year, the amounts with respect to which damages for non-economic loss may be awarded to a person who has been injured as a consequence of a motor accident. The amounts are indexed by
reference to movements in average weekly earnings.

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