New South Wales Consolidated Regulations

MOTOR ACCIDENT INJURIES REGULATION 2017 - REG 8

8 Application of provisions of Civil Liability Act 2002 relating to mental harm (section 3.39)

(1) The application of Part 3 (Mental harm) of the Civil Liability Act 2002 to the payment of statutory benefits under Part 3 of the Act in connection with an injury is subject to the modification set out in this clause.

(2) The requirement in section 30 (3) of the Civil Liability Act 2002 (to reduce damages awarded to the plaintiff for pure mental harm in the same proportion as any reduction in the damages that may be recovered from the defendant by or through the victim on the basis of the contributory negligence of the victim) is to be read as a requirement to apply the at-fault statutory benefits limitations to the payment of statutory benefits to the claimant in the same way as they apply to the payment of statutory benefits to the victim.

(3) The
"at-fault statutory benefits limitations" are the provisions of Part 3 of the Act that provide for the reduction of, or cessation of entitlement to, weekly payments of statutory benefits to injured persons wholly or mostly at fault in the motor accident from which the injury resulted.

(4) Words and expressions used in subclause (2) have the same meaning as they have in section 30 of the Civil Liability Act 2002 .