Sporting Injuries Insurance Regulation 1999 (NSW)

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Sporting Injuries Insurance Act 1978.

Minister for Industrial Relations

1Name of Regulation

This Regulation is the Sporting Injuries Insurance Regulation 1999.

2Commencement

This Regulation commences on 1 September 1999.

3Definitions

In this Regulation:

the Act means the Sporting Injuries Insurance Act 1978.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

5Prescribed interest rate: section 11A(1)

The object of this clause is to fix the rate at which interest is payable to the Sporting Injuries Fund on money transferred from that Fund to the Supplementary Sporting Injuries Fund under section 11A of the Act.

(2)

The rate of interest prescribed for the purposes of section 11A (6) (b) of the Act is the rate for the time being prescribed under section 95 (1) of the Supreme Court Act 1970 for payment of interest on a judgment debt.

6Funeral expenses: section 27(1)

The object of this clause is to fix the maximum amount payable under section 27 of the Act in relation to the funeral expenses of a person who dies as a consequence of a sporting injury.

(2)

The prescribed amount for the purposes of section 27 (3) of the Act is $4,560.

(3)

When subclause (2) is amended by altering the amount prescribed by that subclause, the amount applicable as the prescribed amount before the commencement of the amendment continues to apply to an application for payment of the funeral expenses of a person who died as a consequence of an injury suffered while participating in an authorised activity before the commencement of the amendment.

7Prescribed percentage of loss: Table A(1)

The object of this clause is to fix the minimum percentage permanent loss that must be suffered by a person before the injury giving rise to that loss becomes compensable under the Act.

(2)

For the purposes of Table A in Schedule 1 to the Act:

• (a)

  33 per cent is the prescribed percentage for paragraph (a) of Part 1 and paragraph (a) of Part 2, in the case of the permanent loss of the use of the whole, or of the greater part, of either arm or either leg, and

• (b)

  11 per cent is the prescribed percentage for item 1 of Part 4, in the case of permanent loss of hearing in both ears, and

• (c)

  50 per cent is the prescribed percentage in all other cases.

8Repeal(1)

The Sporting Injuries Insurance Regulation 1994 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Sporting Injuries Insurance Regulation 1994, had effect under that Regulation continues to have effect under this Regulation.