New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) In this Schedule--
"1988 Act" means the Motor Accidents Act 1988 .
(2) A reference in this Act or the 1988 Act to the commencement of this Act is a reference to the commencement of the majority of the provisions of this Act.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActMotor Accidents Compensation Amendment (Medical Assessments) Act 2000Motor Accidents Legislation Amendment Act 2004Motor Accidents Compensation Amendment Act 2006Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007Civil Liability Legislation Amendment Act 2008Motor Accidents Compensation Amendment Act 2009Motor Accidents Compensation Amendment Act 2010Motor Accidents and Lifetime Care and Support Schemes Legislation Amendment Act 2012any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
The Motor Accidents Authority constituted under Part 8.1 of this Act is a continuation of, and the same legal entity as, the Motor Accidents Authority constituted under Part 7 of the 1988 Act.
(1) The Board of Directors of the Motor Accidents Authority constituted under section 84 of the 1988 Act is abolished.
(2) A person who held office as a part-time director of that Board immediately before its abolition ceases to hold office and is not entitled to any remuneration, or compensation, for loss of that office. However, any such person is eligible (if otherwise qualified) to be appointed as a part-time director of the Board of Directors of the Authority constituted under this Act.
(3) The regulations under this Schedule may make provision for or with respect to the re-constitution of that Board before its abolition by this clause in accordance with the provisions applicable to the constitution of the Board of Directors of the Authority under this Act.
The Motor Accidents Authority Fund established under Part 7 of the 1988 Act becomes, on the commencement of this Act, the Motor Accidents Authority Fund established under Part 8.4 of this Act.
(1) Any obligation of an insurer to pay a contribution under section 95 of the 1988 Act in respect of a financial year that commenced before the commencement of this Act is not affected by the repeal of that section. Any such obligation extends to the obligation to pay an instalment of a contribution that is not due until after the commencement of this Act.
(2) Any such contribution paid or recovered after the commencement of this Act is to be paid into the Motor Accidents Authority Fund established under Part 8.4 of this Act.
Anything that was done under or had effect under a provision of Division 5 of Part 3 of the 1988 Act in relation to the Nominal Defendant is, after the commencement of this Act, also taken to have been done under or to have effect under the corresponding provision of this Act.
The claims register kept under section 67 of the 1988 Act becomes, on the commencement of this Act, the claims register under section 120 of this Act.
(1) A licence granted under Division 1 of Part 8 of the 1988 Act, and in force immediately before the commencement of this Act, is taken to be a licence granted under Part 7.1 of this Act.
(2) Anything that was done under or had effect under a provision of the 1988 Act in relation to any such licence is, after the commencement of this Act, also taken to have been done under or to have effect under the corresponding provision of this Act.
(1) Until an Insurance Industry Deed is in force under this Act, the Industry Deed in force under the 1988 Act immediately before the commencement of this Act is taken to be the Insurance Industry Deed for the purposes of this Act.
(2) Any provisions of the Industry Deed that are inconsistent with this Act or any regulation under this Act do not have effect.
Rehabilitation guidelines in force under section 37 of the 1988 Act immediately before the commencement of this Act are taken to be MAA Medical Guidelines until any such guidelines are issued under this Act with respect to the provision of rehabilitation services.
A reference to the Motor Accidents Act 1988 in any Act (other than in this Act), in any instrument made under any such Act or in any document is to be read as including a reference to this Act, unless the regulations or the context otherwise requires.
(1) MAA Premiums Determination Guidelines under Part 2.3 of this Act are to ensure that any unearned premium surplus of insurers associated with policies in force at the commencement of this Act is taken into account for the purpose of subsidising the premiums payable for policies issued within 12 months after the commencement of this Act.
(2) The MAA Premiums Determination Guidelines may make provision for or with respect to the following--(a) identifying unearned premium surplus,(b) determining how insurers are to apply the unearned premium surplus.
(3) For the purpose of giving effect to the provisions of the MAA Premiums Determination Guidelines relating to the application of the unearned premium surplus among insurers, the Authority may, under Part 8.4 of this Act, include a special levy in the contributions of licensed insurers to the Motor Accidents Authority Fund to recoup the unearned premium surplus for payment of relevant amounts to other insurers according to the arrangements for the application of the unearned premium surplus. Any such levy may apply to an insurer that ceases to issue third-party policies.
(1) This clause applies to third-party policies issued or taken to have been issued during the period of 12 months after the commencement of this Act.
(2) The grounds on which the Authority may, under Part 2.3 of this Act, reject a premium or set of premiums filed under that Part for any such policy include that the Authority is not satisfied (after taking into account independent actuarial advice) that the majority of policies relating to passenger motor vehicles in metropolitan areas will attract a premium of not more than approximately $330.
(3) This clause does not prevent a change in the initial premium or set of premiums filed under Part 2.3 of this Act if--(a) the change results in a reduction in the premium or set of premiums, or(b) the change is to take account of a change in the taxation treatment of relevant third-party policies or any other matter that could not have been reasonably anticipated at the time the premium or set of premiums was filed.
(1) The premium for third-party policies referred to in clause 10 is the basic premium rate for benefit coverage under this Act.
(2) Insurers may provide additional optional benefit coverage for persons who wish to take up that coverage in the event of their injury or death in a motor vehicle accident.
(1) Part 7.3 extends to any claim made under a third-party policy of insurance issued under the Motor Accidents Act 1988 in respect of a motor accident occurring before the commencement of that Part as if the policy had been issued under this Act.
(2) Part 7.3 extends as referred to in subclause (1)--(a) whether or not the third-party policy of insurance has had effect for any period after the commencement of that Part, and(b) whether the claim was made before or after the commencement of that Part, and(c) whether the relevant insurer became an insolvent insurer before or after the commencement of this clause.
The amendment made to section 61 by the Motor Accidents Compensation Amendment (Medical Assessments) Act 2000 extends--
(a) to any certificate given by a medical assessor under Part 3.4 of Chapter 3 before the commencement of that amendment, and
(b) to any court proceedings commenced, but not finally determined, before the commencement of that amendment.
Section 5A extends to motor accidents occurring before the section commences. However, section 5A does not affect court proceedings commenced before 5 December 2002 or any decision of a court made before the section commences.
In this Part--
"2006 amending Act" means the Motor Accidents Compensation Amendment Act 2006
.
An amendment made by the 2006 amending Act to Chapter 1 of this Act does not apply in respect of a motor accident that occurs before the commencement of the amendment.
An amendment made by the 2006 amending Act to section 14 extends to a third-party policy issued before the commencement of the amendment.
Section 23A does not apply in respect of a liability arising in connection with a motor accident that occurs before the commencement of that section.
An amendment made by the 2006 amending Act to section 33 or 34 does not apply in respect of a motor accident that occurs before the commencement of the amendment.
(1) On and from the commencement of the amendments made by the 2006 amending Act to Part 8.4, an amount received into the Fund under that Part as an amount contributed by a licensed insurer is taken to have been received as an amount collected by the insurer on behalf of the Authority as Fund levy payable by persons to whom third-party policies were issued by the insurer.
(2) Any amount payable by a licensed insurer as a contribution to the Fund under Part 8.4 remains payable despite any amendment made to that Part by the 2006 amending Act and a provision of that Part that is amended by that Act continues to apply to and in respect of such a liability that accrued before the commencement of the amendment as if the amendment had not been made.
In this Part--
"2007 amending Act" means the Motor Accidents Compensation Amendment (Claims
and Dispute Resolution) Act 2007 .
Except as otherwise provided by this Part or by regulations under this Schedule, an amendment made by the 2007 amending Act does not apply in respect of a motor accident that occurs before the commencement of the amendment.
Division 1A (Document exchange and settlement conference before claims assessment) of Part 4.4 extends to a claim made after the commencement of the Division even if the motor accident concerned occurred before that commencement.
An amendment made by the 2007 amending Act to section 83 extends to a claim made after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
Sections 85A and 85B extend to a claim made after the commencement of those sections even if the motor accident concerned occurred before that commencement.
An amendment made by the 2007 amending Act to Chapter 3 (Motor accident injuries) extends to a matter referred for assessment under Part 3.4 after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
An amendment made by the 2007 amending Act to section 82 extends to a claim made after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
The following amendments and provisions extend to a claim made after the commencement of the amendment or provision even if the motor accident concerned occurred before that commencement--
(a) an amendment made by the 2007 amending Act to Part 2.4 (Uninsured or unidentified motor vehicles), Part 4.2 (Claims and other preliminary matters) or Division 2 (Assessment of claims) of Part 4.4,
(b) sections 85A (Duty of claimant to provide relevant particulars of claim) and 85B (Consequences of failure to provide relevant particulars of claim).
An amendment made by the 2007 amending Act to section 123 extends to a claim made after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
Section 141 (as inserted by the 2007 amending Act) extends to a claim made after the commencement of the section even if the motor accident concerned occurred before that commencement.
An amendment made to this Act by the Civil Liability Legislation Amendment Act 2008 extends to liability arising, and to proceedings commenced, before the commencement of the amendment but does not apply to any proceedings determined before that commencement.
Section 50, as amended by the Motor Accidents Compensation Amendment Act 2009 , does not apply in respect of a motor accident that occurs before the commencement of that amendment.
Section 54, as amended by the Motor Accidents Compensation Amendment Act 2009 , does not apply in respect of expenses incurred before the commencement of that amendment.
In this Part--
"amending Act" means the Motor Accidents Compensation Amendment Act 2010 .
The amendments
made by the amending Act to the definition of
"motor accident" in section 3 and to section 3A extend to an incident or
accident that occurred on or after 1 October 2006, but not so as to affect any
compromise or settlement of a claim, or any decision made by a court, before
the date of assent to the amending Act.
(1) A person (other than a member of staff or an officer of the Authority) who was designated by the Authority as a claims assessor before the substitution of section 99 by the amending Act is taken to have been validly appointed by that designation as a claims assessor.
(2) A person cannot challenge or otherwise call into question anything done or not done by a person referred to in subclause (1) on the basis that the person was not a claims assessor because the person was not validly appointed as a claims assessor.
(1) An amendment made to this Act by the Motor Accidents and Lifetime Care and Support Schemes Legislation Amendment Act 2012 (
"the amending Act" ) applies in relation to any claim made on or after the relevant date, regardless of whether the claim is made in relation to past or future treatment and care needs.
(2) To avoid doubt, subclause (1) applies even if the motor accident concerned occurred before the relevant date or the claim relates to a person who was a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006 before the relevant date.
(3) In this clause--
"claim" includes a claim or request for payment in relation to treatment and care needs made to a licensed insurer or the Lifetime Care and Support Authority under the Motor Accidents (Lifetime Care and Support) Act 2006 .
"the relevant date" means the date of introduction into Parliament of the Bill for the amending Act.
Note : See also Part 2 of Schedule 4 to the State Insurance and Care Governance Act 2015 which contains provisions relating to the abolition of the Motor Accidents Authority.
The Motor Accidents Operational Fund is a continuation of the Motor Accidents Authority Fund established under this Act as in force immediately before the commencement of this clause.
Subject to the regulations, a reference in this Act to a claims assessor, to the extent that it relates to the exercise of a function after the commencement of the Motor Accident Injuries Act 2017 , is taken to be a reference to the Dispute Resolution Service established by the Authority under that Act, and a claims assessor appointed under that Act has and may exercise any function of a claims assessor under this Act.