New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 1.6

1.6 Meaning of "threshold injury"

(1) For the purposes of this Act, a
"threshold injury" is, subject to this section, one or more of the following--

(a) a soft tissue injury,

(b) a psychological or psychiatric injury that is not a recognised psychiatric illness.

(2) A
"soft tissue injury" is (subject to this section) an injury to tissue that connects, supports or surrounds other structures or organs of the body (such as muscles, tendons, ligaments, menisci, cartilage, fascia, fibrous tissues, fat, blood vessels and synovial membranes), but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage.

(4) The regulations may--

(a) exclude a specified injury from being a threshold injury for the purposes of this Act, or

(b) include a specified injury as a threshold injury for the purposes of this Act.

(5) The Motor Accident Guidelines may make provision for or with respect to the assessment of whether an injury is a threshold injury for the purposes of this Act.

(6) Subsection (5) does not enable the Motor Accident Guidelines to make provision for or with respect to the resolution of disputes by the Commission or medical assessor.

Note : The rules of the Commission make provision for these matters.