New South Wales Consolidated Acts

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 3B

3B Restrictions on application of claims provisions--accident must be insured or work accident

(1) The application of Chapters 3-6 in respect of death or injury that results from the use or operation of a motor vehicle is limited to death or injury that--

(a) is caused by a motor accident for which the vehicle has motor accident insurance cover, or

(b) gives rise to a work injury claim, other than a work injury claim in respect of the death of or injury to a coal miner (as defined in clause 3 of Part 18 of Schedule 6 to the Workers Compensation Act 1987 ).

Note : Part 1.2 (No-fault claims--children and blameless accidents) extends the operation of this Act for certain limited purposes to motor accidents that have not in fact been caused by the fault of the owner or driver of the motor vehicle.
Part 1.2 achieves this result by deeming such accidents to have been caused by the fault of the owner or driver of the motor vehicle in the use or the operation of the vehicle provided that--

(a) the vehicle was involved in the accident and had motor accident insurance cover for the accident, and

(b) the accident was not caused by the fault of any other person or the accident resulted in the death of or injury to a child.

(2) For the purposes of this Act, a motor vehicle has motor accident insurance cover for a motor accident if and only if--

(a) at the time of the motor accident the motor vehicle was subject to coverage under a third-party policy or was subject to coverage under a policy of compulsory third-party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of a place other than New South Wales or under a law of the Commonwealth, or

(b) at the time of the motor accident, the motor vehicle was owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or

(c) there is a right of action against the Nominal Defendant in respect of the motor accident or there would be a right of action against the Nominal Defendant in respect of the motor accident if the motor accident had been caused by the fault of the owner or driver of the motor vehicle in the use or operation of the vehicle.

(3) For the purposes of this Act, death or injury gives rise to a work injury claim if it is--

(a) the death of a worker resulting from or caused by an injury to the worker (being an injury caused by the negligence or other tort of the worker's employer), or

(b) an injury to a worker caused by the negligence or other tort of the worker's employer,

with expressions used in this subsection having the same meanings as they have in Part 5 of the Workers Compensation Act 1987 .