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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Motor Accidents and Workers Compensation
egislation Amendment Bill 2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendments concerning motor accidents legislation 3
Schedule 2 Amendments concerning workers compensation legislation 10
Schedule 3 Amendments concerning service providers 16
Schedule 4 Amendments concerning establishment of Personal Injury
Commission 21
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2022
New South Wales
Motor Accidents and Workers Compensation
egislation Amendment Bill 2022
Act No , 2022
An Act to make miscellaneous amendments to certain motor accidents legislation and workers
compensation legislation and to make consequential or related amendments to other legislation.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Motor Accidents and Workers Compensation Legislation Amendment
Act 2022.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by
subsection (2).
(2) Schedule 2.1[1] commences on a day to be appointed by proclamation.
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Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
Schedule 1 Amendments concerning motor accidents legislation
Schedule 1 Amendments concerning motor accidents
legislation
1.1 Limitation Act 1969 No 31
Section 50A Application of Division--kinds of causes of action
Insert "or the Motor Accident Injuries Act 2017" after "Motor Accidents Compensation Act
1999" in section 50A(3).
1.2 Motor Accident Injuries Act 2017 No 10
[1] Section 1.4 Definitions
Insert in alphabetical order in section 1.4(1)--
hire vehicle has the same meaning as in the Point to Point Transport (Taxis
and Hire Vehicles) Act 2016.
passenger service has the same meaning as in the Point to Point Transport
(Taxis and Hire Vehicles) Act 2016.
provider of a passenger service or booking service has the same meaning as in
the Point to Point Transport (Taxis and Hire Vehicles) Act 2016.
taxi has the same meaning as in the Point to Point Transport (Taxis and Hire
Vehicles) Act 2016.
[2] Section 2.26
Omit the section. Insert instead--
2.26 Special provisions relating to taxis and hire vehicles and other vehicles
(1) The Motor Accident Guidelines relating to the determination of insurance
premiums for third-party policies may provide for the payment of premiums
of third-party policies.
(2) Without limiting subsection (1), the guidelines may--
(a) provide for part of the premium to be paid before the issue of a
third-party policy and the remainder of the premium to be paid during
the period for which the policy is issued, and
(b) provide for refunds by licensed insurers of part of the premium paid for
a third-party policy for taxis or hire vehicles during or after the period
for which the policy is issued, and
(c) impose requirements on providers of passenger services or booking
services relating to taxis, hire vehicles or other classes of vehicles, or on
other persons conducting a business relating to the vehicles or on
licensed insurers, concerning the following--
(i) terms for the payment of premiums, including reporting
requirements and timeframes,
(ii) invoicing arrangements for the payment of premiums,
(iii) arrangements concerning the payment of GST for premiums.
(3) A determination under subsection (1)--
(a) may be made in relation to taxis or hire vehicles or in relation to other
classes of vehicles, and
(b) for guidelines for the purposes of subsection (2)(a) and (b)--
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Schedule 1 Amendments concerning motor accidents legislation
(i) may provide for the basis on which the remainder of the premium
is to be paid, or a part of the premium refunded, including by
reference to the safe driving of vehicles, number of trips
undertaken by the vehicles, distance travelled by the vehicles,
other activity in which the vehicles are engaged or other factors,
and
(ii) may authorise the remainder of the premium to be paid on behalf
of the persons to whom the third-party policies are issued,
including by the providers of passenger services or booking
services relating to taxis or hire vehicles, or by other persons
conducting a business relating to the vehicles.
(4) Section 2.8 (Cancellation of third-party policies) extends to the cancellation of
a third-party policy if a payment required to be made during the period for
which the policy is issued has not been duly paid.
(5) The Authority may, by written notice served on a person conducting a business
relating to vehicles, including the provider of a passenger service or a booking
service, require the person to do 1 or more of the following--
(a) provide to the Authority, within the time and in the way specified in the
notice, information the Authority reasonably requires for the purpose of
determining the guidelines for insurance premiums for third-party
policies for taxis, hire vehicles or other classes of vehicles,
(b) provide to the Authority or a licensed insurer, within the time and in the
way specified in the notice, information the Authority or licensed
insurer reasonably requires to determine premiums for third-party
policies for taxis, hire vehicles or other classes of vehicles,
(c) pay, within the time and in the way specified in the notice, premiums for
third-party policies for taxis, hire vehicles or other classes of vehicles.
(6) A person to whom a notice is given under this section must not--
(a) fail to comply with the notice, or
(b) provide information to the Authority or an insurer the person knows is
false or misleading in a material particular.
Maximum penalty--
(a) for a failure to comply with a requirement under subsection (5)(a)--100
penalty units, or
(b) for other contraventions--500 penalty units.
(7) In this section--
GST has the same meaning as in the A New Tax System (Goods and Services
Tax) Act 1999 of the Commonwealth.
[3] Section 2.38 Establishment of Nominal Defendant's Fund
Omit "into the Fund out of" from section 2.38(3)(c). Insert instead "out of the Fund into".
[4] Section 3.2 Statutory benefits payable by relevant insurer
Omit section 3.2(4). Insert instead--
(4) The insurer of the at-fault motor vehicle is the insurer who provides motor
accident insurance cover for--
(a) the motor vehicle the use or operation of which caused the death or
injury for which the statutory benefits are payable, or
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Schedule 1 Amendments concerning motor accidents legislation
(b) if more than 1 motor vehicle caused the death or injury--the motor
vehicle the use or operation of which contributed most to causing the
death or injury for which the statutory benefits are payable.
[5] Section 3.2(6)-(8)
Omit section 3.2(6) and (7). Insert instead--
(6) If the insurer of the at-fault motor vehicle is not a licensed insurer (a
non-licensed insurer), statutory benefits payable under this Part are payable
by the Nominal Defendant on behalf of the non-licensed insurer, unless the
Authority gives written approval for the non-licensed insurer to enter into
arrangements with a licensed insurer for the licensed insurer to pay the
statutory benefits payable as a result of the motor accident.
(7) However, if the insurance policy of the non-licensed insurer of the at-fault
motor vehicle does not insure against a liability to pay statutory benefits under
this Part--
(a) the Nominal Defendant is the relevant insurer, subject to subsection (3),
for the purposes of the payment of the benefits, and
(b) the non-licensed insurer must give the Nominal Defendant the
information it has in relation to an application made to it for the payment
of benefits concerning the accident.
(8) The Nominal Defendant or other insurer who pays statutory benefits under this
Part is entitled to recover the amount of statutory benefits properly paid from
the relevant insurer liable to make those payments, along with the costs
associated with handling the statutory benefits claim.
[6] Sections 3.6(2) and (3), 3.7(2) and (3) and 3.8(2) and (3)
Insert "or post-accident earnings, whichever is the greater," after "(if any)" wherever
occurring.
[7] Section 3.7 Weekly payments during second entitlement period (weeks 14-78 after
motor accident)
Omit "loss of earning capacity" wherever occurring in section 3.7(2).
Insert instead "loss of earnings".
[8] Section 3.15 Requirements for evidence as to fitness for work
Omit "given by the injured person" wherever occurring in section 3.15(3)(a) and (a1).
Insert instead "provided by the injured person".
[9] Section 3.15(3A)
Insert after section 3.15(3)--
(3A) To avoid doubt, certificates referred to in subsection (3)(a) and (a1) constitute
medical certificates as to an injured person's fitness for work for the purposes
of this Act.
[10] Section 3.15(5)
Insert "by the injured person to the insurer" after "provided".
[11] Section 3.15(6)-(8)
Omit section 3.15(6). Insert instead--
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Schedule 1 Amendments concerning motor accidents legislation
(6) An insurer is not required to make weekly payments of statutory benefits to
which a person is entitled to under this Division until the person has complied
with subsection (1).
(7) If a person fails to comply with a requirement under this section within 7 days,
or another period prescribed by the regulations, after the requirement is
communicated to the person by the insurer, the insurer may, subject to the
Motor Accident Guidelines, suspend payment of weekly payments of statutory
benefits to the person under this Division for the period the failure to comply
continues.
(8) The person forfeits the person's entitlement to weekly payments of statutory
benefits during the period of a suspension.
[12] Section 3.20 Refund of weekly payments paid after return to employment
Omit "section 3.19 (Notice required before discontinuing or reducing weekly payments)"
from section 3.20(4).
Insert instead "section 3.18 (Claimant to notify change of circumstances)".
[13] Section 3.21 Weekly statutory benefits to persons residing outside Australia
Omit "earnings in respect of which statutory benefits are payable" and "earnings in respect
of which the weekly payment is payable" from section 3.21(1) and (2)(b), respectively.
Insert instead "earning capacity".
[14] Section 3.21(2)
Insert ", or at shorter intervals agreed by the insurer and injured person," after "quarterly
basis".
[15] Section 3.21(2)(a)
Insert "or insurer" before "has determined".
[16] Section 3.21(2)(a)
Omit "earnings". Insert instead "earning capacity".
[17] Section 3.30 Payment of hospital, ambulance, medical and other expenses not
covered by bulk billing arrangement
Omit "at the maximum rate so fixed" from section 3.30(2)(b).
Insert instead "at a rate no greater than the maximum rate so fixed".
[18] Section 3.36 No statutory benefits for at-fault driver or owner if vehicle uninsured
Insert "in circumstances where the vehicle was required to be insured under this Act" after
"third-party policy" in section 3.36(3)(a).
[19] Sections 5.2(1), 5.5 and 5.6
Omit "or statutory benefits" wherever occurring.
[20] Section 5.3 Presumption that motor accident is no-fault
Omit section 5.3(2).
[21] Section 5.6, heading
Omit "or statutory benefits".
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Schedule 1 Amendments concerning motor accidents legislation
[22] Section 5.6(2)
Insert at the end of section 5.6--
(2) To avoid doubt, this section is intended to operate when a person is deemed to
be the person at fault for causing a death or injury occasioned by a motor
accident even though the accident itself is a no-fault motor accident.
Note-- The definition of no-fault motor accident in section 5.1 is focused on the fault
for causing a motor accident rather than the fault for causing death or injury occasioned
by the accident.
[23] Section 5.8 Other entitlements not affected
Omit "or statutory benefits".
[24] Section 6.15 How notice of claims given
Omit section 6.15(1)-(3). Insert instead--
(1) A notice of a claim under this Division is to be given in the form approved by
the Authority.
(2) The approved form may, without limitation, provide for the giving of notices
of claims by a computer system, whether or not operated by insurers, that
makes the notices available to the insurers or other persons to whom the
notices are required to be given.
(3) The approved form may require the claimant to do 1 or more of the
following--
(a) provide a certificate of a treating medical practitioner relating to the
claim,
(b) authorise the insurer to obtain information and documents relevant to
the claim from persons specified in the authorisation,
(c) authorise the insurer to provide information and documents so obtained
by the insurer to persons specified in the authorisation.
[25] Section 7.13A
Insert after section 7.13--
7.13A Merit reviewer may assess costs
(1) A merit reviewer may include in the certificate as to the determination of a
merit review an assessment of the claimant's costs in the matter, including
costs for legal services and fees for medico-legal services.
(2) The costs specified in the assessment are payable by the insurer.
(3) In making an assessment under this section, a merit reviewer must--
(a) give effect to the requirements of the regulations under Part 8 (Costs and
fees) as to costs that may be included in an assessment or fixing
maximum fees and costs, and
(b) have regard to the principles and matters referred to in the Legal
Profession Uniform Law (NSW), section 200.
(4) A claimant or an insurer, or an Australian legal practitioner acting for a
claimant or an insurer in relation to the relevant claim, has the same right of
appeal against an assessment made under this section as the claimant, insurer
or legal practitioner would have under the Legal Profession Uniform Law
Application Act 2014, section 89 if the assessment were a decision of a costs
assessor under that Act, Part 7 in relation to a bill of costs.
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Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
Schedule 1 Amendments concerning motor accidents legislation
[26] Section 11.11 Regulation of advertising and other marketing of services
Omit "whether" from section 11.11(1)(b). Insert instead "including"
[27] Schedule 1 Definitions relating to earnings for purposes of weekly payments of
statutory benefits under Division 3.3
Omit clause 4(2)(b). Insert instead--
(b) if subclause (3) applies--the weekly average of the gross earnings the
earner received as an earner, or could reasonably have been expected to
receive, during the 12 months after the change of circumstance referred
to in the subclause occurred,
[28] Schedule 4 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Provisions consequent on enactment of Motor
Accidents and Workers Compensation Legislation
Amendment Act 2022
Application of amendments
(1) Except as provided by subclauses (2)-(4) or the regulations, an amendment
made to relevant legislation by the amending Act extends to--
(a) a motor accident occurring before the commencement of the
amendment, but not before 1 December 2017, and
(b) a claim for statutory benefits or damages made before the
commencement of the amendment, but not before 1 December 2017,
and
(c) proceedings pending before a merit reviewer, a medical assessor, a
claims assessor or a court immediately before the commencement of the
amendment.
(2) An amendment made to relevant legislation by the amending Act does not
apply to statutory benefits or damages paid or payable for a period before the
commencement of the amendment.
(3) Section 9.7A of this Act, as inserted by the amending Act, extends to an
insurer's licence under this Act as in force immediately before the section
commences.
(4) The amendment made to section 10.12 of this Act applies to applications made
under the State Insurance and Care Governance Act 2015, section 26F after
the commencement of the amendment.
(5) In this clause--
amending Act means the Motor Accidents and Workers Compensation
Legislation Amendment Act 2022.
relevant legislation means each of the following--
(a) this Act and the regulations under this Act,
(b) the Motor Accidents Compensation Act 1999 and the regulations under
that Act.
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Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
Schedule 1 Amendments concerning motor accidents legislation
1.3 Motor Accident Injuries Regulation 2017
Clause 22 Fixing of maximum costs recoverable by legal practitioners (sections 8.3
and 8.10)
Insert "recoverable by Australian legal practitioners and claimants" after "maximum costs"
in clause 22(1).
1.4 Motor Accidents Compensation Act 1999 No 41
[1] Section 40 Establishment of Nominal Defendant's Fund
Omit "into the Fund out of" from section 40(3)(a1). Insert instead "out of the Fund into".
[2] Section 121 Regulation of advertising and other marketing of services
Omit "whether" from section 121(1)(b). Insert instead "including".
[3] Section 146 Indexation of amounts relating to award of damages
Omit "Minister" from section 146(1). Insert instead "Authority".
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Schedule 2 Amendments concerning workers compensation legislation
Schedule 2 Amendments concerning workers compensation
legislation
2.1 Workers Compensation Act 1987 No 70
[1] Section 25 Death of worker leaving dependants
Insert after section 25(1)--
(1A) If the lump sum death benefit is paid to the NSW Trustee for the benefit of a
dependant in accordance with section 85 after the commencement of this
subsection, the employer must, subject to the regulations, pay as additional
compensation fees of a kind prescribed by the regulations concerning
investing or otherwise managing the sum for the dependant's benefit.
[2] Section 53
Omit the section. Insert instead--
53 Weekly payments--residence outside the Commonwealth
(1) A worker receiving, or entitled to receive, a weekly payment of compensation
who ceases to reside in Australia continues to be entitled to receive the weekly
payment if the Commission or insurer has determined the worker's incapacity
for work resulting from the injury is likely to be of a permanent nature.
(2) The weekly payment of compensation is payable--
(a) at the employer's usual times of payment of wages to the worker, or
(b) at other intervals as are agreed between the employer and the worker or
between the insurer and the worker.
(3) The worker's entitlement to the weekly payments continues so long as the
worker establishes, in the way and at the intervals as may be required by the
Workers Compensation Guidelines, the worker's identity and the continuance
of the incapacity for which the weekly payment is payable.
[3] Schedule 6 Savings, transitional and other provisions
Insert after Part 19M, clause 2(2)--
(3) To avoid doubt, the provisions of the 1998 Act, Schedule 5, clause 5A
continue to apply in relation to a retired or former President to whom they
applied despite the repeal of the clause by the Personal Injury Commission Act
2020.
(4) In this clause--
President means a President of the former Workers Compensation
Commission.
[4] Schedule 6
Insert before Part 20, with appropriate Part numbering--
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Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendments concerning workers compensation legislation
Part Provisions consequent on enactment of Motor
Accidents and Workers Compensation Legislation
Amendment Act 2022
1 Definitions
In this Part--
amending Act means the Motor Accidents and Workers Compensation
Legislation Amendment Act 2022.
substitution day, in relation to section 53, means the day on which the section
is substituted by the amending Act.
2 Application of amendments
Section 53 of this Act, as substituted by the amending Act, extends on and
from the substitution day to a worker who ceased to be a resident of Australia
before the substitution day if the worker had an entitlement to weekly
payments under section 53 as in force immediately before the substitution day.
2.2 Workers Compensation (Bush Fire, Emergency and Rescue Services)
Act 1987 No 83
[1] Section 10 Compensation payable for injury or death
Omit section 10(a). Insert instead--
(a) where death results from the injury--the compensation payments
prescribed by the Principal Act, sections 25(1)(a) and (b) and (1A), 26
and 28,
[2] Sections 10(d) and 26(d)
Omit "the Table to" wherever occurring.
[3] Sections 14A and 14B
Insert after section 14--
14A Returning to work with new employer
(1) This section applies to a fire fighter who--
(a) as a result of an injury received by the fire fighter, is not able to return
to work with the fire fighter's pre-injury employer, and
(b) accepts an offer of employment with a new employer.
(2) Compensation is payable, subject to and in accordance with the regulations, to
a fire fighter to whom this section applies for the cost of work assistance
provided to assist the fire fighter to return to work with a new employer.
(3) The maximum amount of compensation payable under this section for the
injury concerned is $1,000.
(4) Without limiting subsection (2), the regulations may make provision for or
concerning the following--
(a) limiting the classes of work assistance for which compensation is
payable under this section,
(b) otherwise limiting the circumstances in which compensation is payable
for the cost of work assistance under this section.
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Schedule 2 Amendments concerning workers compensation legislation
(5) In this section--
group means a group constituted under the Principal Act, Part 7, Division 2B,
but does not include a member of the group in relation to whom a
determination under the Principal Act, section 175E is in force.
new employer, in relation to a fire fighter, means an employer other than--
(a) the pre-injury employer of the fire fighter, or
(b) an employer who is a member of the same group as the pre-injury
employer of the fire fighter.
pre-injury employer, in relation to a fire fighter, means the employer of the
fire fighter immediately before the fire fighter suffered the injury.
work assistance means the provision of education or training, transport, child
care, clothing, equipment or other similar service or assistance.
14B Compensation for education and training assistance
(1) This section applies to a fire fighter if--
(a) the injury received by the fire fighter has resulted in a degree of
permanent impairment assessed for the purposes of the Principal Act,
Part 3, Division 4 to be more than 20%, and
(b) a weekly payment of compensation has been paid or is payable to the
fire fighter under this Part for the injury for an aggregate period of more
than 78 weeks.
(2) Compensation is payable, subject to and in accordance with the regulations, to
a fire fighter to whom this section applies for the cost of education or training
provided to assist the fire fighter to return to work.
(3) The maximum amount of compensation payable under this section for the
injury concerned is $8,000.
(4) Without limiting subsection (2), the regulations may make provision for or
concerning the following--
(a) limiting the classes of education or training for which compensation is
payable under this section,
(b) otherwise limiting the circumstances for which compensation is
payable under this section.
[4] Section 15 Making of claims
Insert after section 15(2)--
(3) This section is subject to Part 3A.
[5] Sections 16(3) and 30(3)
Omit the subsections.
[6] Section 26 Compensation payable for injury or death
Omit section 26(a). Insert instead--
(a) where death results from the injury--the compensation payments
prescribed by the Principal Act, sections 25(1)(a) and (b) and (1A), 26
and 28,
[7] Sections 28C and 28D
Insert after section 28B--
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Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
Schedule 2 Amendments concerning workers compensation legislation
28C Returning to work with new employer
(1) This section applies to an emergency service worker or a rescue association
worker who--
(a) as a result of an injury received by the worker, is not able to return to
work with the worker's pre-injury employer, and
(b) accepts an offer of employment with a new employer.
(2) Compensation is payable, subject to and in accordance with the regulations, to
an emergency service worker or a rescue association worker to whom this
section applies for the cost of work assistance provided to assist the worker to
return to work with a new employer.
(3) The maximum amount of compensation payable under this section for the
injury concerned is $1,000.
(4) Without limiting subsection (2), the regulations may make provision for or
concerning the following--
(a) limiting the classes of work assistance for which compensation is
payable under this section,
(b) otherwise limiting the circumstances in which compensation is payable
for the cost of work assistance under this section.
(5) In this section--
group means a group constituted under the Principal Act, Part 7, Division 2B,
but does not include a member of the group in relation to whom a
determination under the Principal Act, section 175E is in force.
new employer, in relation to an emergency service worker or a rescue
association worker, means an employer other than--
(a) the pre-injury employer of the worker, or
(b) an employer who is a member of the same group as the pre-injury
employer of the worker.
pre-injury employer, in relation to an emergency service worker or a rescue
association worker, means the employer of the worker immediately before the
worker suffered the injury.
work assistance means the provision of education or training, transport, child
care, clothing, equipment or other similar service or assistance.
28D Compensation for education and training assistance
(1) This section applies to an emergency service worker or a rescue association
worker if--
(a) the injury received by the worker has resulted in a degree of permanent
impairment assessed for the purposes of the Principal Act, Part 3,
Division 4 to be more than 20%, and
(b) a weekly payment of compensation has been paid or is payable to the
worker under this Part for the injury for an aggregate period of more
than 78 weeks.
(2) Compensation is payable, subject to and in accordance with the regulations, to
an emergency service worker or a rescue association worker to whom this
section applies for the cost of education or training provided to assist the
worker to return to work.
(3) The maximum amount of compensation payable under this section for the
injury concerned is $8,000.
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Schedule 2 Amendments concerning workers compensation legislation
(4) Without limiting subsection (2), the regulations may make provision for or
concerning the following--
(a) limiting the classes of education or training for which compensation is
payable under this section,
(b) otherwise limiting the circumstances for which compensation is
payable under this section.
[8] Section 29 Making of claims
Insert after section 29(2)--
(3) This section is subject to Part 3A.
[9] Part 3A
Insert after Part 3--
Part 3A Provisional payment of certain claims
31A Definitions
In this Part--
eligible volunteer means each of the following--
(a) a fire fighter within the meaning of Part 2,
(b) an emergency service worker within the meaning of Part 3,
(c) a rescue association worker within the meaning of Part 3.
relevant injury, in relation to an eligible volunteer, means--
(a) for a fire fighter within the meaning of Part 2--an injury to which Part
2 applies under section 7, or
(b) for an emergency service worker or a rescue association worker within
the meaning of Part 3--an injury to which Part 3 applies under section
24.
31B Claims for weekly payments of compensation
(1) The Self Insurance Corporation may make provisional weekly payments of
compensation to a person who has made a claim for weekly payments of
compensation (the substantive claim) if satisfied it is likely--
(a) the person is an eligible volunteer, and
(b) the person has received a relevant injury.
(2) The payment of provisional weekly payments of compensation under this
section is on the basis of the provisional acceptance of liability by the Self
Insurance Corporation for a period of up to 12 weeks determined by the
Corporation having regard to the nature of the injury and the period of
incapacity.
(3) The acceptance of liability on a provisional basis does not constitute an
admission of liability by the Self Insurance Corporation under this Act or
independently of this Act.
(4) The Self Insurance Corporation is to cease to make provisional weekly
payments of compensation when it determines the substantive claim.
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Schedule 2 Amendments concerning workers compensation legislation
31C Claims for medical expenses compensation
(1) The Self Insurance Corporation may pay provisional medical expenses
compensation to a person who has made a claim for medical expenses
compensation (the substantive claim) if satisfied it is likely--
(a) the person is an eligible volunteer, and
(b) the person has received a relevant injury.
(2) The payment of provisional medical expenses compensation under this section
is on the basis of the provisional acceptance of liability by the Self Insurance
Corporation for an amount of $10,000 or another amount prescribed by the
regulations.
(3) The acceptance of liability on a provisional basis does not constitute an
admission of liability by the Self Insurance Corporation under this Act or
independently of this Act.
(4) The Self Insurance Corporation is to cease to pay provisional medical
expenses compensation when it determines the substantive claim.
[10] Section 32 Application of Principal Act and 1998 Act
Omit "(except sections 26-28)" from section 32(1)(b).
[11] Section 34 Regulations
Insert after section 34(2)--
(3) The regulations may apply, adopt or incorporate a publication, whether with
or without modifications, as in force at a particular time or as in force from
time to time.
[12] Schedule 1 Savings and transitional provisions
Insert at the end of the Schedule, with appropriate Part and clause numbering--
Part Motor Accidents and Workers Compensation
Legislation Amendment Act 2022
Definition
In this Part--
amending Act means the Motor Accidents and Workers Compensation
Legislation Amendment Act 2022.
Application of amendments
(1) Sections 10(a) and 26(a), as substituted by the amending Act, extend to a death
occurring on or after 1 October 2019 as a result of an injury received on or after
that day.
(2) Sections 14A and 14B, as inserted by the amending Act, extend to a fire fighter
for an injury received on or after the day those sections commence.
(3) Sections 28C and 28D, as inserted by the amending Act, extend to an
emergency service worker or a rescue association worker for an injury
received on or after the day those sections commence.
(4) Part 3A, along with sections 15(3) and 29(3), extend to an eligible volunteer
within the meaning of Part 3A for an injury received on or after the day Part
3A commences.
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Motor Accidents and Workers Compensation Legislation Amendment Bill 2022 [NSW]
Schedule 3 Amendments concerning service providers
Schedule 3 Amendments concerning service providers
3.1 Civil and Administrative Tribunal Act 2013 No 2
Schedule 5 Occupational Division
Insert in appropriate order in clause 4(2)--
State Insurance and Care Governance Act 2015
Workplace Injury Management and Workers Compensation Act 1998
3.2 Motor Accident Injuries Act 2017 No 10
[1] Section 9.7A
Insert after section 9.7--
9.7A Condition of licence not to engage excluded service providers
(1) It is a condition of an insurer's licence under this Act that the insurer will not
do the following to the extent it would be inconsistent with an exclusion
direction--
(a) engage the excluded service provider to provide an excluded service,
(b) approve the provision of an excluded service by an excluded service
provider,
(c) pay the excluded service provider for the provision of an excluded
service.
(2) In this section--
excluded service, in relation to an excluded service provider, means a service
for which the provider has been given an exclusion direction.
excluded service provider means the person, organisation or body given an
exclusion direction.
exclusion direction means a direction in force under the State Insurance and
Care Governance Act 2015, section 26D directing a relevant service provider
under that Act, Part 3, Division 3 not to provide a service.
[2] Section 10.12 Motor Accidents Operational Fund (the SIRA Fund)
Insert after section 10.12(3)(h)--
(h1) fees the Authority is required to pay to the Civil and Administrative
Tribunal for applications made under the State Insurance and Care
Governance Act 2015, section 26F in connection with the provision of
relevant services for the purposes of this Act,
3.3 State Insurance and Care Governance Act 2015 No 19
[1] Part 3, Division 3
Insert after Division 2--
Division 3 Functions concerning certain service providers
26A Definitions
In this Division--
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Schedule 3 Amendments concerning service providers
data means facts, statistics, instructions, concepts or other information in a
form capable of being communicated, analysed or processed, whether by an
individual or by a computer or other automated means.
relevant service means a service prescribed by the regulations provided in
connection with a claim under the workers compensation and motor accidents
legislation.
relevant service provider means a person, organisation or body providing a
relevant service, but does not include a person, organisation or body, or class
of persons or bodies, prescribed by the regulations.
26B Relationship of Division with other law
(1) The provisions of this Division apply despite anything to the contrary in
another Act or law.
(2) Without limiting subsection (1), a relevant service provider is authorised and
required to comply with a direction given under this Division despite anything
to the contrary in the other Act or law.
26C Direction to provide data to SIRA
(1) SIRA may give a written direction to a relevant service provider requiring the
provider to provide SIRA with specified data within a specified period
concerning relevant services the provider provides.
(2) A relevant service provider must comply with a direction given to the provider
under this section.
Maximum penalty--
(a) for a corporation--500 penalty units, or
(b) for another person--100 penalty units.
(3) This section applies in relation to data that is personal information or health
information about an individual despite anything to the contrary in the Privacy
and Personal Information Protection Act 1998 or the Health Records and
Information Privacy Act 2002.
26D Directions concerning relevant services by relevant service providers
(1) SIRA may give 1 or more of the following written directions to a relevant
service provider--
(a) a direction requiring the provider to take specified action, or provide
specified information, concerning specified relevant services,
(b) a direction requiring the provider to provide specified relevant services
for the purposes of the workers compensation and motor accidents
legislation in a specified way,
(c) a direction requiring the provider not to provide specified relevant
services for the purposes of the workers compensation and motor
accidents legislation,
(d) a direction requiring the provider not to provide any relevant services
for the purposes of the workers compensation and motor accidents
legislation.
(2) Without limiting subsection (1), a direction under this section may extend to
all of the workers compensation and motor accidents legislation or be limited
to specified Acts or instruments, or specified provisions of Acts or
instruments, forming part of the legislation.
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Schedule 3 Amendments concerning service providers
(3) A relevant service provider must comply with a direction given to the provider
under this section.
Maximum penalty--
(a) for a corporation--500 penalty units, or
(b) for another person--100 penalty units.
(4) The regulations may make provision for or concerning the following--
(a) the giving and form of directions under this section,
(b) the circumstances in which directions may be given under this section,
(c) the periods during which directions under this section have effect,
including providing for directions of indefinite duration,
(d) standard provisions for directions under this section, including enabling
standard provisions to be incorporated in directions by reference rather
than set out in the directions,
(e) the revocation and variation of directions given under this section,
(f) appeal or review procedures for directions given under subsection (1)(a)
or (b).
Note-- Section 26F allows a relevant service provider to apply to the Civil and
Administrative Tribunal for an administrative review under the Administrative
Decisions Review Act 1997 of a direction under subsection (1)(c) or (d).
26E Guidelines for provision of relevant services by relevant service providers
(1) SIRA may issue guidelines concerning the provision of relevant services by
relevant service providers.
(2) Without limiting subsection (1)--
(a) the guidelines may extend to all of the workers compensation and motor
accidents legislation or be limited to specified Acts or instruments, or
specified provisions of Acts or instruments, forming part of the
legislation, and
(b) the provisions of the Interpretation Act 1987, section 42(2) apply to the
guidelines in the same way as they apply to statutory rules.
(3) SIRA may, wholly or partly, amend, revoke or replace the guidelines.
(4) The guidelines may adopt the provisions of other publications, whether with
or without modification or addition and whether in force at a particular time or
from time to time.
(5) Unless the guidelines provide otherwise, the guidelines prevail to the extent of
an inconsistency between them and guidelines made under the workers
compensation and motor accidents legislation.
26F Review of directions by NCAT
A relevant service provider given a direction under section 26D(1)(c) or (d)
may apply to the Civil and Administrative Tribunal for an administrative
review under the Administrative Decisions Review Act 1997 of the direction.
26G Register of directed service providers
(1) SIRA may keep a register of relevant service providers given directions under
section 26D.
(2) The regulations may make provision for or concerning the following--
(a) the form of the register,
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Schedule 3 Amendments concerning service providers
(b) information to be recorded on the register,
(c) the updating or removal of information on the register,
(d) the provision of access to, or the publication of information contained
on, the register.
(3) SIRA, or a person acting under the direction of SIRA, does not incur liability
for anything done, or omitted to be done, in good faith in connection with
keeping the register or publishing information contained on the register.
(4) Without limiting subsection (3), a person does not incur liability for publishing
in good faith--
(a) information contained on the register, or
(b) a fair report or summary of information contained on the register.
(5) In this section--
liability includes liability for defamation.
[2] Sections 29A and 29B
Insert after section 29--
29A Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with
summarily before the Local Court.
29B Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the
officer the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations
prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note-- The Fines Act 1996 provides that, if a person issued with a penalty notice does
not wish to have the matter determined by a court, the person may pay the amount
specified in the notice and is not liable to further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the
amount prescribed for the alleged offence by the regulations, not exceeding
the maximum amount of penalty that could be imposed for the offence by a
court.
(5) This section does not limit the operation of other provisions of, or made under,
this Act or another Act relating to proceedings that may be taken for offences.
(6) In this section--
authorised officer means a person, or a person belonging to a class of persons,
prescribed by the regulations to be an authorised officer.
[3] Section 30 Regulations
Insert at the end of the section--
(2) The regulations may adopt the provisions of other publications, whether with
or without modification or addition and whether in force at a particular time or
from time to time.
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3.4 Workers Compensation Act 1987 No 70
Section 182A
Insert after section 182--
182A Condition of licence not to engage excluded service providers
(1) It is a condition of a licence granted under this Division that the licensed
insurer will not do the following to the extent it would be inconsistent with an
exclusion direction--
(a) engage the excluded service provider to provide an excluded service,
(b) approve the provision of an excluded service by an excluded service
provider,
(c) pay the excluded service provider for the provision of an excluded
service.
(2) Despite section 154B(1), the Nominal Insurer must comply with the
requirements of the condition mentioned in subsection (1).
(3) In this section--
excluded service, in relation to an excluded service provider, means a service
for which the provider has been given an exclusion direction.
excluded service provider means the person, organisation or body given an
exclusion direction.
exclusion direction means a direction in force under the State Insurance and
Care Governance Act 2015, section 26D directing a relevant service provider
under that Act, Part 3, Division 3 not to provide a service.
3.5 Workplace Injury Management and Workers Compensation Act 1998
No 86
Section 35 Payments into and from Fund
Insert after section 35(2)(f)--
(f1) fees the Authority is required to pay to the Civil and Administrative
Tribunal for applications made under the State Insurance and Care
Governance Act 2015, section 26F in connection with the provision of
relevant services for the purposes of this Act,
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Schedule 4 Amendments concerning establishment of Personal Injury Commission
Schedule 4 Amendments concerning establishment of
Personal Injury Commission
4.1 Civil Liability Act 2002 No 22
Section 26D Assessment of permanent impairment
Omit "an approved medical specialist" wherever occurring in section 26D(3) and (4).
Insert instead "a medical assessor".
4.2 Personal Injury Commission Act 2020 No 18
[1] Schedule 2 Provisions relating to members of Commission
Omit "clause 6" from clause 14(3). Insert instead "clauses 6 and 14A".
[2] Schedule 2, clause 14A
Insert after clause 14--
14A Appointment of holder of judicial office as President
(1) This clause applies to a retired or deceased President who, while holding the
office, was a Judge of a court of record other than the Supreme Court.
(2) The Judges' Pensions Act 1953 applies to the retired or deceased President as
if the judicial office held by the person while President was equivalent to the
office of Judge of the Supreme Court.
(3) In the application of the Judges' Pensions Act 1953 to the retired or deceased
President--
(a) service by the person as President is taken to be service as a Judge of the
Supreme Court, and
(b) references to a Judge or judicial office include references to the person
in the person's capacity as President and the office of President, and
(c) references in the Act to notional judicial salary are, in relation to the
person while President, references to the salary payable to a Supreme
Court Judge.
(4) This clause--
(a) extends to a Judge of a court of record appointed as President who died
or retired from the office of President before the commencement of this
clause, and
(b) is taken to have had effect on and from the establishment day.
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Schedule 4 Amendments concerning establishment of Personal Injury Commission
4.3 Sporting Injuries Insurance Act 1978 No 141
Section 6 Appointment of referees and medical panels
Omit "An approved medical specialist" and "an approved medical specialist" from section
6(1).
Insert instead "A medical assessor" and "a medical assessor", respectively.
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