Motor Accidents Act 1988 Motor Accidents (Determination of Non-Economic Loss) Order No 8 (1997-521) [GG No 104 of 26.9.1997, p 8212] (NSW)
1997 No 521
New South Wales
Motor Accidents (Determination of
Non-Economic Loss) Order No 8
under the
Motor Accidents Act 1988
I, Jeffrey William Shaw, in pursuance of section 80 of the Motor Accidents
Act 1988, make the following Order.
Dated this 19th day of September 1997.
J. W. Shaw
Attorney General
Explanatory note
The object of this Order is to declare 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 administering that Act 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 104 of 26 September 1997, page 8212 Page 1
1997 No 521
Motor Accidents (Determination of Non-Economic Loss) Order No 8
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)-Detemination of non-economic loss
(accidents occurring after midnight on 26.9.95) 4
1997 No 521
Motor Accidents (Determination of Non-Economic Loss) Order No 8 Clause 1 Motor Accidents (Determination of
Non-Economic Loss) Order No 81 Name of Order This Order is the Motor Accidents (Determination of
Non-Economic Loss) Order No 8.
2 Commencement
This Order commences on 1 October 1997.
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 which 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 $250,000.
(2) Section 79 (4) It is declared that if the amount of non-economic loss is assessed to be $20,500 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 (1 )-(3)of the Motor Accidents Act 1988 is more than $20,500 but less than $76,500, the following deductions shall be made from that amount:
(a)
if the amount of damages is less than $55,000—the amount to be deducted is $20,500,
(b)
if the amount of damages is not less than $55,000—the amount to be deducted is $20,500, or $20,500 reduced by $1 ,000 for every $1,000 by which the amount of damages exceeds $55,000.
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1997 No 521
| Clause 4 | Motor Accidents (Determination of Non-Economic Loss) Order No 8 |
Section 79A (5)—Determination of non-economic loss (accidents occurring after midnight on 26.9.95)
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 that occurred after midnight on 26 September 1995 is $250,000.
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