An Act to establish a new scheme of compulsory third-party insurance and payment of compensation relating to the death of or injury to persons as a consequence of motor accidents; to amend the Motor Accidents Act 1988 and other Acts; and for other purposes.
This Act commences on a day or days to be appointed by proclamation.
attendant care
services means services that aim to provide assistance to people with everyday tasks, and includes (for example) personal assistance, nursing, home maintenance and domestic services.
Authority means the State Insurance Regulatory Authority constituted under the State
Insurance and Care Governance Act 2015.
claim means a claim for damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle.
claimant means a person who makes or is entitled to make a claim.
Commission means the Personal Injury Commission of New South Wales established by the Personal Injury Commission Act
2020.
Commission rules has the same meaning as in the Personal Injury Commission Act
2020.
credit
card includes a debit card.
driver means a person driving a motor vehicle, and includes—
- (a)
a person riding and operating a motor cycle, and
- (b)
a person for the time being in charge of a motor vehicle.
exercise a function includes perform a duty.
fault means negligence or any other tort.
function includes a power, authority or duty.
hospital means a public hospital (within the meaning of the Health Services Act
1997), or a private health facility licensed under the Private Health Facilities Act
2007.
injury means personal or bodily injury and includes—
- (a)
pre-natal injury, and
- (b)
psychological or psychiatric injury, and
- (c)
damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses.
Insurance Industry
Deed means an agreement, as in force for the time being, between the Minister on behalf of the State, the Authority, licensed insurers and other persons (if any) with respect to the third-party insurance scheme and the Nominal Defendant scheme under this Act that is designated by the agreement as the Insurance Industry Deed for the purposes of this Act.
insured motor vehicle means a motor vehicle in relation to which a third-party policy is in force.
insured person means a person insured under a third-party policy.
licensed insurer means an insurer that is the holder of a licence granted under Part 7.1 and in force.
market
share, in relation to an insurer,…