New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires--

"authorised activity" , in relation to a prescribed organisation, means an activity of a kind that is--

(a) specified in relation to the organisation in the rules, or

(b) pursuant to the rules, deemed to be an authorised activity in relation to the organisation.

"Authority" means the Sporting Injuries Compensation Authority constituted under this Act.

"chief executive" means the chief executive of the Authority appointed under this Act.

"compensable injury" means an injury in respect of which an amount of money is prescribed in Schedule 1.

"Court" means the District Court of New South Wales established under the District Court Act 1973 .

"Department" means the Office of Sport.

"enrolled participant" , in relation to the Department, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as an enrolled participant of the Department for the purposes of this Act.

"enrolled student participant" , in relation to a school, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as an enrolled student participant of the school for the purposes of this Act.

"function" includes power, authority and duty.

"Fund" means the Sporting Injuries Fund established under section 11 (1).

"injury" means personal injury arising out of or in the course of an authorised activity of a prescribed organisation, and includes a disease--

(a) contracted in the course of any such activity, and

(b) to which the activity was a contributing factor,

but does not include the aggravation, acceleration, exacerbation of, or deterioration resulting from, a disease.

"medical panel" means a medical panel appointed under section 6 (4).

"perform" , in relation to a function that is a power or an authority, means exercise the power or authority and, in relation to a duty, means discharge the duty.

"prescribed organisation" means a sporting organisation, a school or the Department.

"referee" means a person who is a referee under section 6 (1) or (2).

"registered participant" , in relation to a sporting organisation, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as a registered participant of the organisation for the purposes of this Act.

"regulations" means regulations made under this Act.

"rules" means rules made under this Act.

"school" means a government school or a registered non-government school under the Education Act 1990 .

"Self Insurance Corporation" means the NSW Self Insurance Corporation constituted by the NSW Self Insurance Corporation Act 2004 .

"sexual organs" means genitals and, in the case of a woman, includes breasts.

"sporting organisation" means an individual, a body corporate or an unincorporated association declared under section 5 (1) to be a sporting organisation for the purposes of this Act.

"Supplementary Fund" means the Supplementary Sporting Injuries Fund established under section 11A (1).

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

(1A) A reference in this Act to an authorised activity--

(a) in relation to a sporting organisation, does not include a reference to an activity of a kind that is not, or is not carried on in connection with, or is not related to, a sporting or athletic activity in respect of which the organisation is for the time being declared under section 5, and

(b) in relation to the Department, does not include a reference to an activity for the participation in which no fee is payable to the Department.

(1B) Where an authorised activity of a sporting organisation is also an authorised activity of a school or of the Department, a person--

(a) who is participating in the activity as a registered participant of the organisation, and

(b) who, if this subsection had not been enacted, would also be participating in the activity as an enrolled student participant of the school, as an enrolled participant of the Department, or as both,

shall, for the purposes of this Act, be deemed not to be an enrolled student participant of the school or an enrolled participant of the Department while participating in the activity.

(2) A reference in this Act to the due day for payment of a premium is a reference to the day specified under section 17 (1) (a) (v) in a notice served under section 17 (1) on a sporting organisation and requiring payment of the premium.

(3) Where a sporting organisation changes its name, any reference in--

(a) an order made under section 5 (1),

(b) a rule, or

(c) a notice served on the organisation in accordance with section 34,

to the former name of the organisation shall be read and construed as a reference to the name as changed by the organisation, but nothing in this subsection affects an entitlement to a benefit under this Act that would have arisen if this subsection had not been enacted.