Motor Accidents (Determination of Non-Economic Loss) Order No 18 (2007-479) (NSW)

2007 No 479

New South Wales

Motor Accidents (Determination of

Non-Economic Loss) Order No 18

under the

Motor Accidents Act 1988

I, John Della Bosca, the Minister Assisting the Minister for Finance, in pursuance of
section 80 of the Motor Accidents Act 1988, make the following Order.

Dated, this 13th day of September 2007.

JOHN DELLA BOSCA, M.L.C.,

Minister Assisting the Minister for Finance

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 a motor accident. 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 this 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 21 September 2007, page 7221	Page 1
2007 No 479
Clause 1	Motor Accidents (Determination of Non-Economic Loss) Order No 18

Motor Accidents (Determination of Non-Economic Loss)

Order No 18

under the

Motor Accidents Act 1988

1      Name of Order

This Order is the Motor Accidents (Determination of Non-Economic
Loss) Order No 18.

2      Commencement

This Order commences on 1 October 2007.

3      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 the non-economic loss of an injured person as a consequence of a motor accident that occurred before midnight on 26 September 1995 is $381,000.

(2)

Section 79 (4)

It is declared that if the amount of non-economic loss of any such injured person is assessed to be $30,500 or less, no damages for non-economic loss shall be awarded.

(3)

Section 79 (5)

It is declared that if the amount of damages that may be awarded for non-economic loss in accordance with section 79 of the Motor Accidents Act 1988 is more than $30,500 but less than $116,000, the following deductions shall be made from that amount:

(a)	if the amount of damages is less than $84,000—the amount to be deducted is $30,500,
(b)	if the amount of damages is not less than $84,000—the amount to be deducted is $30,500 or $30,500 reduced by $1,000 for every $1,000 by which the amount of damages exceeds $84,000.

2007 No 479

Motor Accidents (Determination of Non-Economic Loss) Order No 18 Clause 4

4      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 $381,000.

BY AUTHORITY