New South Wales Consolidated Acts

PERSONAL INJURY COMMISSION ACT 2020 - SECT 5

5 Definitions

(1) In this Act--

"Authority" means--

(a) for the police officer support scheme--the Commissioner of Police, or

(b) otherwise--the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015 .

"Commission" means the Personal Injury Commission of New South Wales established by this Act.

"Commission Division" means--

(a) the Workers Compensation Division, or

(b) the Motor Accidents Division, or

(c) the Police Officer Support Scheme Division.

"Commission rules" --see section 20.

"Deputy President" means a Deputy President of the Commission.

"Division Head" of a Commission Division means the member who is appointed by or under this Act as the Division Head of that Division.

"Division member" , in relation to a Commission Division, means a member who is assigned by or under this Act to that Division.

"Division Schedule" for a Commission Division--see section 13.

"enabling legislation" means--

(a) the workers compensation legislation, and

(b) the motor accidents legislation, and

(c) the Police Act 1990 , Part 9B and regulations made under that part.

"establishment day" --see section 6.

"general member" means a general member of the Commission.

"Independent Review Officer" means the Independent Review Officer appointed under Schedule 5.

"judicial officer" has the same meaning as in the Judicial Officers Act 1986 .

"legislation" means an Act or statutory rule.

"mediator" means a mediator appointed by the President under this Act.

"medical assessor" means a medical assessor appointed by the President under this Act.

"member" means a member of the Commission.

"merit reviewer" means a merit reviewer appointed by the President under this Act.

"modification" includes variation, addition, exception, omission or substitution.

"Motor Accidents Division" means the Motor Accidents Division of the Commission.

"motor accidents legislation" means--

(a) the Motor Accidents Compensation Act 1999 , and

(b) the Motor Accidents (Lifetime Care and Support) Act 2006 , and

(c) the Motor Accident Injuries Act 2017 , and

(d) any other Act prescribed by the regulations, and

(e) the instruments under each of those Acts.

"non-presidential member" --see section 8.

"police officer support scheme" has the same meaning as in the Police Act 1990 .

"Police Officer Support Scheme Division" means the Police Officer Support Scheme Division of the Commission.

"President" means the President of the Commission.

"presidential member" --see section 8.

"principal member" means a principal member of the Commission.

"principal registrar" means the person employed in the Public Service as the principal registrar of the Commission.

"procedural directions" --see section 21.

"Public Service employee" has the same meaning as in the Government Sector Employment Act 2013 .

"registrar" means the principal registrar or any other person employed in the Public Service as a registrar of the Commission.

"relevant Commission officer" means each of the following--

(a) the principal registrar or any other registrar,

(b) a medical assessor,

(c) a merit reviewer,

(d) a mediator,

(e) any other kind of person prescribed by the regulations who exercises functions in connection with the Commission.

"Rule Committee" means the Rule Committee of the Commission.

"senior member" means a senior member of the Commission.

"work injury damages" has the same meaning as in Chapter 7 (New claims procedures) of the Workplace Injury Management and Workers Compensation Act 1998 .

"Workers Compensation Acts" has the same meaning as in the Workplace Injury Management and Workers Compensation Act 1998 .

"Workers Compensation Division" means the Workers Compensation Division of the Commission.

"workers compensation legislation" means--

(a) workers compensation legislation within the meaning of the Workplace Injury Management and Workers Compensation Act 1998 , and

(b) any other Act prescribed by the regulations (including instruments under the prescribed Act).

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act (however expressed) to the exercise by the Commission of its functions in relation to enabling legislation includes a reference both to its functions under the enabling legislation and its functions under this Act or any other legislation in relation to the enabling legislation.

(3) Any provisions of this Act or enabling legislation that are expressed to be subject to the Commission rules have effect subject to any exceptions, limitations or other restrictions specified by the Commission rules.

(4) Notes included in this Act do not form part of this Act.