Sporting Injuries Insurance Act 1978 Regulation relating to the prescribed percentage of loss of use of either arm or either leg erratum (1991-521) [GG No 134 of 27.9.1991] (NSW)

1991—No. 521

ERRATUM

(The regulation appearing at page 8348 of Government Gazette No. 134 of 27 September 1991 was published in error. The correct form of the regulation appears

below. )

SPORTING INJURIES INSURANCE ACT 1978—REGULATION

(Relating to the prescribed percentage of loss of use of either arm

or either leg)

NEW SOUTH WALES

[Published in Gazette No. 136 of 1 October 1991]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Sporting Injuries Insurance Act 1978, has been pleased to make the Regulation set forth hereunder.

JOHN FAHEY

Minister for Industrial Relations,

Minister for Further Education,

Training and Employment.

Commencement

1. This Regulation commences on 1 October 1991.

Amendments
2. The Sporting Injuries Insurance Regulation 1980 is amended by inserting after clause 4 the following clause:

Prescribed percentage of loss of use of arm or leg

4A. (1) Despite clause 3, for the purposes of paragraph (a) of Parts 1 and 2 of Table A of Schedule 1 to the Act, the prescribed percentage in the case of the permanent loss of the use of either arm or either leg (or the greater part of an arm or a leg) is 33 per cent.

(2) Subclause (1) applies only in relation to injuries suffered on or

after 1 October 1991.

EXPLANATORY NOTE

Schedule 1 to the Act sets out the benefits payable in respect of compensable injuries arising from sporting or athletic activities to which the Act applies. In relation to an injury to an arm or a leg (or to part of an arrn or a leg), the benefit that is payable under the Act is for the permanent loss of not less than the prescribed percentage (currently 50%) of the use of the particular thing that has been injured. For example, an injury to a thumb is compensated if the injury involves the permanent loss of not less than 50% of the use of the injured thumb.

The object of this Regulation is to prescribe the relevant percentage as 33% in relation to injuries to either arm or leg (or the greater part of an arm or a leg). This will mean, for example, that an injury involving the permanent loss of 33% of the use of the whole of an arm or the greater part of an arm will be compensated in accordance with the Act.