Sporting Injuries Insurance (Amendment) Act 1983 (NSW)

SPORTING INJURIES INSURANCE (AMENDMENT) ACT,

1983, No. 71

ANNO TRICESIMO SECUNDO

ELIZABETH^; R REGlNAi:

Act No. 71, 1983.

An Act to amend the Sporting Injuries Insurance Act, 1978, so as to increase

benefits payable under that Act. [Assented to, 4th May, 1983.]

A ct No. 71, 1983. 2

Sporting Injuries Insurance (Amendment).

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1.           This Act may be cited as the “Sporting Injuries Insurance (Amend­

ment) Act, 1983”.

Commencement.

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Principal Act.

3. The Sporting Injuries Insurance Act, 1978, is referred to in this Act

as the Principal Act.

Amendment of Act No. 141, 1978.

4.     The Principal Act is amended in the manner set forth in Schedule 1.

Transitional provisions.

5. (1) The Principal Act applies to and in respect of injury or death arising out of or in the course of sporting or athletic activities which took place before the day appointed and notified under section 2 (2) as if this Act had not been enacted.

3  Act No. 71, 1983.

Sporting Injuries Insurance { Amendment).

(2) Nothing in this Act affects any regulations in force under the Principal Act immediately before the day appointed and notified under section 2 (2).

SCHEDULE 1.

(Sec. 4.)

A m endm ents to the P rincipal A c t .

(1) (a) Section 25 (2) (a )—

Omit “$12,750”, insert instead “$14,650”.

(b) Section 25 (2) (b) —

Omit “$16,800”, insert instead “$21,000”.

(c) Section 25 (3 )—

Omit “$25,000”, insert instead “$37,500”.

(d) Section 25 (5 )—

Omit “$60,000”, insert instead “$90,000”.

(2) (a) Section 26 (2) (a)—

Omit “$25,000”, insert instead “$37,500”.

(b) Section 26 (2) (a )—

Omit “$1,000”, insert instead “$1,500”.

(c) Section 26 (4) (b )—

Omit “$60,000”, insert instead “$90,000”.

A ct No. 71, 1983. 4

Sporting Injuries Insurance {Amendment).

SCHEDULE 1—continued.

A m endm ents to the Principal A ct—continued.

(3) Schedule 1—

Omit the Schedule, insert instead:—

SCHEDULE 1.

(Secs. 4 (1), 25.)

Ben efit T ables.

TABLE A.

PART 1.

I n ju r ies Related to A rm s .

Permanent loss of not less than the percentage, prescribed by the regulations, of the use of—

$

(a) either arm or the greater part thereof . . . . . . 23,000

(b) lower part of either arm, either hand or 4 fingers and thumb

of either hand . . . . . . . . . . . . . . 19,700

(c) thumb . , . . . . . . . . . . . . . . 8,550

(d) index finger . . . . . . . . . . . . . . 5,700

(e) middle, ring or little finger . . . . . . . . . . 3,000

PART 2.

I n j u r i e s R elated to L eg s .

Permanent loss of not less than the percentage, prescribed by the regulations, of the use of—

$

(a) either leg or the greater part thereof . 21,000

(b) lower part of either leg . . . 18,050

(c) foot . . . . . . . . . 17,500

(d) great toe . . . . . . . 5,700

30785D-24

5  A ct No. 71, 1983.

Sporting Injuries Insurance (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r in c ip a l A c t —continued.

PART 3.

In ju r ies R elated to Sight. $

1.   Permanent and total loss of sight of both eyes (or of one eye, if

it was the only sighted eye) . . . . . . . . . . 29,550

2.    Permanent loss of not less than the percentage, prescribed by the regulations, of the use of—

(a) one eye, if it was the only sighted eye . .	. .	. .	21,000
(b) one eye, if it was not the only sighted eye	. .	. .	12,250

PART 4.

M iscellaneous I n .iu r ie s .

1.   Permanent loss of not less than the percentage, prescribed by the regulations, of—

$

(a) hearing of both ears	. .	. .	. .	. .	. .	18.050
(b) power of speech . .	. .	. .	. .	. .	. .	18.050

2. Permanent loss of sighted eye . .	. .	. .	. .	. .	6,550
3. Permanent and total loss of the use of—

(a) both kidneys (or of one kidney, if it was the only

functioning kidney) . . . . . . . . . ■ 31,250

(b) one kidney, if it was not the only functioning kidney . . 3.750

(c) spleen . . . . . . . . . . . . ■ . 3.750

TABLE B. PART 1.

I n j u r i e s R elated to C og n itio n .

Permanent loss of—

$

(a) mental capacity	90,000
(b) sense of smell .	4.950

(c) sense of taste . 4.950

Aci No. 71, 1983. 6

Sponinii Injuries Insurance {Amendment).

SCHEDULE 1-—continued.

A m bndm i.n is to iTiii P kinctpal A ct—continued.

I'AK l' 2.

I ' i l ' l s I C A l I . N . H J R I U S .

Permancnl loss ol-

S

( a ) all scMial o i a . ms or par i l l icicol 14,650

( b ) sighl lcss c\ c . . . . . . 6,550