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This is a Bill, not an Act. For current law, see the Acts databases.
Motor Accidents Compensation
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Motor Accidents Compensation Act 1999 and the Motor
Accidents (Lifetime Care and Support) Act 2006 in relation to motor accidents for
which compensation is payable and the appointment of claims assessors; and for
other purposes.
Clause 1 Motor Accidents Compensation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Motor Accidents Compensation Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Motor Accidents Compensation Amendment Bill 2010
Amendment of Motor Accidents Compensation Act 1999 No 41 Schedule 1
Schedule 1 Amendment of Motor Accidents 1
Compensation Act 1999 No 41 2
[1] Section 3 Definitions 3
Omit the definition of claims assessor. Insert instead: 4
claims assessor means a person appointed as a claims assessor 5
under section 99. 6
[2] Section 3, definition of "motor accident" 7
Insert at the end of paragraph (c) of the definition: 8
, or 9
(d) a dangerous situation caused by the driving of the vehicle, 10
a collision or action taken to avoid a collision with the 11
vehicle, or the vehicle's running out of control. 12
[3] Section 3A General restrictions on application of Act 13
Insert at the end of section 3A (1) (c): 14
, or 15
(d) a dangerous situation caused by the driving of the vehicle, 16
a collision or action taken to avoid a collision with the 17
vehicle, or the vehicle's running out of control. 18
[4] Section 88 Definitions 19
Omit the definition of claims assessor from section 88 (1). 20
[5] Section 91 Time limits for referring claims 21
Omit "section 133" from section 91 (2) (d). Insert instead "section 132 (3)". 22
[6] Section 99 23
Omit the section. Insert instead: 24
99 Appointment of claims assessors 25
(1) The Authority may appoint as a claims assessor any person who, 26
in the opinion of the Authority, is suitably qualified to be a claims 27
assessor. Such a person may be a member of staff. 28
(2) A claims assessor has the functions that are conferred on the 29
claims assessor by or under this Act. 30
(3) The Authority may remove a claims assessor from office at any 31
time. 32
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Motor Accidents Compensation Amendment Bill 2010
Schedule 1 Amendment of Motor Accidents Compensation Act 1999 No 41
(4) A claims assessor is entitled to be paid the remuneration 1
(including travelling and subsistence allowances) that the 2
Authority may from time to time determine in respect of the 3
claims assessor. 4
[7] Section 99A Principal Claims Assessor 5
Insert after section 99A (2): 6
(2A) The Principal Claims Assessor is, in the exercise of his or her 7
functions, subject to the general direction and control of the Chief 8
Executive Officer. However, the provisions of section 9
105 (2)-(5) apply to the Principal Claims Assessor in the same 10
way as they apply to a claims assessor. 11
[8] Section 99A (3) 12
Omit "member of staff". Insert instead "claims assessor". 13
[9] Section 103 Protection of claims assessors 14
Insert after section 103 (1): 15
(1A) However, any such liability attaches to the Crown. 16
[10] Section 105 17
Omit the section. Insert instead: 18
105 Control and direction of claims assessors 19
(1) A claims assessor is, in the exercise of his or her functions, 20
subject to the general control and direction of the Principal 21
Claims Assessor. 22
(2) However, a claims assessor is not, in his or her capacity as a 23
claims assessor, subject to control and direction by the Principal 24
Claims Assessor, the Authority, any member of staff of any 25
Division of the Government Service or any other person with 26
regard to any of the decisions of the assessor that affect the 27
interests of the parties to an assessment. 28
(3) The Principal Claims Assessor, the Authority, any member of 29
staff of any Division of the Government Service or any other 30
person cannot overrule or interfere with any decision of a claims 31
assessor who is a member of staff that affects the interests of the 32
parties to an assessment in respect of any such assessment. 33
(4) This section does not prevent the making of arrangements for the 34
training of claims assessors, and does not prevent claims 35
assessors from obtaining advice, to ensure consistently correct 36
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Motor Accidents Compensation Amendment Bill 2010
Amendment of Motor Accidents Compensation Act 1999 No 41 Schedule 1
application of the provisions of this Act and the regulations and 1
of other relevant matters. 2
(5) This section does not affect the exercise of the functions of the 3
Chief Executive Officer of the Authority under the Public Sector 4
Employment and Management Act 2002 with respect to claims 5
assessors who are members of staff. 6
[11] Section 199 Board of Directors 7
Insert after section 199 (2) (a): 8
(a1) a member of staff who for the time being holds an office 9
nominated by the Chief Executive Officer, 10
[12] Section 208 Membership and procedure of Council 11
Omit "12" from section 208 (1). 12
[13] Section 208 (1) (j) and (k) 13
Insert after section 208 (1) (i): 14
(j) a member of staff who for the time being holds an office 15
nominated by the Chief Executive Officer, 16
(k) such additional members (if any) as the Minister decides to 17
appoint, being persons of the Minister's own choosing and 18
not exceeding 4 additional members. 19
[14] Schedule 1 Provisions relating to Board of Directors of Authority 20
Omit the definition of part-time director from clause 1. Insert instead: 21
part-time director means a director appointed under 22
section 199 (2) (b). 23
[15] Schedule 2 Provisions relating to Motor Accidents Council 24
Omit the definition of appointed member from clause 1. Insert instead: 25
appointed member means a member of the Motor Accidents 26
Council who is appointed by the Minister. 27
[16] Schedule 2, clause 10 28
Omit "7 members". Insert instead "a majority of members for the time being". 29
[17] Schedule 5 Savings, transitional and other provisions 30
Insert at the end of clause 2 (1): 31
Motor Accidents Compensation Amendment Act 2010 32
Page 5
Motor Accidents Compensation Amendment Bill 2010
Schedule 1 Amendment of Motor Accidents Compensation Act 1999 No 41
[18] Schedule 5, Part 9 1
Insert after clause 36: 2
Part 9 Provisions arising from Motor Accidents 3
Compensation Amendment Act 2010 4
37 Definition 5
In this Part: 6
amending Act means the Motor Accidents Compensation 7
Amendment Act 2010. 8
38 Operation of amendment to definition of "motor accident" 9
The amendments made by the amending Act to the definition of 10
motor accident in section 3 and to section 3A extend to an 11
incident or accident that occurred on or after 1 October 2006, but 12
not so as to affect any compromise or settlement of a claim, or 13
any decision made by a court, before the date of assent to the 14
amending Act. 15
39 Claims assessors 16
(1) A person (other than a member of staff or an officer of the 17
Authority) who was designated by the Authority as a claims 18
assessor before the substitution of section 99 by the amending 19
Act is taken to have been validly appointed by that designation as 20
a claims assessor. 21
(2) A person cannot challenge or otherwise call into question 22
anything done or not done by a person referred to in subclause (1) 23
on the basis that the person was not a claims assessor because the 24
person was not validly appointed as a claims assessor. 25
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Motor Accidents Compensation Amendment Bill 2010
Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16 Schedule 2
Schedule 2 Amendment of Motor Accidents 1
(Lifetime Care and Support) Act 2006 2
No 16 3
[1] Section 34 Board of Directors 4
Insert after section 34 (2) (a): 5
(a1) a member of staff who for the time being holds an office 6
nominated by the Chief Executive Officer, 7
[2] Section 45 Membership and procedure of Advisory Council 8
Omit "8 members" from section 45 (1). Insert instead "9 members". 9
[3] Section 45 (1) (f) 10
Insert after section 45 (1) (e): 11
(f) a member of staff who for the time being holds an office 12
nominated by the Chief Executive Officer. 13
[4] Schedule 1 Provisions relating to Board of Directors of Authority 14
Omit the definition of part-time director from clause 1. Insert instead: 15
part-time director means a director appointed under 16
section 34 (2) (b). 17
[5] Schedule 2 Provisions relating to Advisory Council 18
Omit the definition of appointed member from clause 1. Insert instead: 19
appointed member means any member of the Advisory Council 20
appointed under section 45 (1) (a)-(d). 21
[6] Schedule 3 Savings, transitional and other provisions 22
Insert at the end of clause 1 (1): 23
Motor Accidents Compensation Amendment Act 2010 24
Page 7
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