New South Wales Consolidated Acts New South Wales Consolidated Acts(cf ss 3 and 7 MACA)
(1) In this Act--
"attendant care services" means services that aim to provide assistance to people with everyday tasks, and includes (for example) personal assistance, nursing, home maintenance and domestic services.
"Authority" means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015 .
"claim" means a claim for statutory benefits or a claim for damages.
"claimant" means a person who makes or is entitled to make a claim.
"commencement of this Act" means the commencement of the majority of the provisions of this Act.
"Commission" means the Personal Injury Commission of New South Wales established by the Personal Injury Commission Act 2020 .
"Commission rules" has the same meaning as in the Personal Injury Commission Act 2020 .
"damages" means damages (within the meaning of the Civil Liability Act 2002 ) in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle, but does not include statutory benefits.
"driver" means a person driving a motor vehicle, and includes--(a) a person riding and operating a motor cycle, and(b) a person for the time being in charge of a motor vehicle.
"employment" includes self-employment.
"fault" means negligence or any other tort.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"hire vehicle" has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .
"hospital" means a public hospital (within the meaning of the Health Services Act 1997 ), or a private health facility licensed under the Private Health Facilities Act 2007 .
"injured person" means a person who has suffered an injury in respect of which this Act applies as provided by Division 1.3.
"injury" means personal or bodily injury and includes--(a) pre-natal injury, and(b) psychological or psychiatric injury, and(c) damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses.
"Insurance Industry Deed" means an agreement, as in force for the time being, between the Minister on behalf of the State, the Authority, licensed insurers and other persons (if any) with respect to the third-party insurance scheme and the Nominal Defendant scheme under this Act that is designated by the agreement as the Insurance Industry Deed for the purposes of this Act.
"insured motor vehicle" means a motor vehicle in relation to which a third-party policy is in force.
"insured person" means a person insured under a third-party policy.
"insurer" of a motor vehicle means the insurer who insures the owner or driver of the motor vehicle against liability in respect of the death of or injury to a person, whether or not under a third-party policy, and includes--(a) the Nominal Defendant, and(b) where a claim is handled on behalf of an insurer by another insurer, the other insurer, and(c) an interstate insurer, being an entity (including an authority or instrumentality of the Commonwealth or of another State or a Territory) that under a law of the Commonwealth, another State or a Territory indemnifies the owner or driver of a motor vehicle against liability in respect of the death of or injury to a person, and(d) a self-insurer under Division 9.3.
"licensed insurer" means an insurer that is the holder of a licence granted under Division 9.1 and in force.
"medical assessor" means a person appointed under the Personal Injury Commission Act 2020 as a medical assessor for the purposes of this Act.
"merit reviewer" means a person appointed under the Personal Injury Commission Act 2020 as a merit reviewer for the purposes of this Act.
"motor accident" means an incident or accident involving the use or operation of a motor vehicle that causes the death of or injury to a person where the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during--(a) the driving of the vehicle, or(b) a collision, or action taken to avoid a collision, with the vehicle, or(c) the vehicle's running out of control, or(d) a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle's running out of control.
"Motor Accident Guidelines" means the Motor Accident Guidelines issued by the Authority under Division 10.2 and in force.
"motor vehicle" means a motor vehicle or trailer within the meaning of the Road Transport Act 2013 .
"Nominal Defendant" means the Nominal Defendant referred to in section 2.27.Note : Section 2.27 appoints the Authority as the Nominal Defendant for the purposes of this Act.
"Nominal Defendant's Fund" means the fund by that name established under Division 2.4.
"non-economic loss" means--(a) pain and suffering, and(b) loss of amenities of life, and(c) loss of expectation of life, and(d) disfigurement.
"owner" of a motor vehicle--see section 1.5.
"passenger service" has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .
"person under legal incapacity" includes the following persons--(a) a child who is less than 18 years of age,(b) an involuntary patient or forensic patient within the meaning of the Mental Health Act 2007 ,(c) a person under guardianship within the meaning of the Guardianship Act 1987 ,(d) a protected person within the meaning of the NSW Trustee and Guardian Act 2009 ,(e) an incommunicate person, being a person with a physical or mental disability that prevents the person from receiving communications, or expressing the person's will, in relation to the person's property or affairs.
"President" means the President of the Commission.
"provider" of a passenger service or booking service has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .
"registration" means--(a) registration of a motor vehicle under the Road Transport Act 2013 or the Recreation Vehicles Act 1983 , or(b) the issue of an unregistered vehicle permit under the Road Transport Act 2013 for an unregistered motor vehicle, or(c) registration in New South Wales of a motor vehicle under the Interstate Road Transport Act 1985 of the Commonwealth.
"rehabilitation" of an injured person, means the process of enabling or attempting to enable the person to attain and maintain--(a) the maximum level of independent living, and(b) full physical, mental, social and vocational ability, and(c) full inclusion and participation in all aspects of life.
"relevant insurer" in relation to the payment of statutory benefits--see section 3.2.
"road" means a road or road related area (within the meaning of section 4 (1) of the Road Transport Act 2013 ), but does not include an area to which the whole of that Act does not apply because of an instrument under that Act.
"SIRA Fund" --see Division 10.4.
"spouse" means--(a) the person to whom a person is legally married (including the husband or wife of a person), or(b) a de facto partner,but where more than one person would so qualify as a spouse, means only the last person so to qualify.Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .
"statutory benefits" means statutory benefits payable under Part 3.
"taxi" has the same meaning as in the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 .
"TfNSW" means Transport for NSW constituted under the Transport Administration Act 1988 .
"third-party policy" means a policy of insurance under this Act.
"threshold injury" --see section 1.6.
"trader's plate" means a trader's plate within the meaning of the Road Transport Act 2013 .
"trailer" means a trailer within the meaning of the Road Transport Act 2013 .Note : The Road Transport Act 2013 defines "trailer" to mean generally a vehicle that is built to be towed, or is towed, by a motor vehicle and that is not capable of being propelled without being towed by a motor vehicle, but does not include a motor vehicle that is being towed.
"treatment and care" means the following--(a) medical treatment (including pharmaceuticals),(b) dental treatment,(c) rehabilitation,(d) ambulance transportation,(e) respite care,(f) attendant care services,(g) aids and appliances,(h) prostheses,(i) education and vocational training,(j) home and transport modification,(k) workplace and educational facility modifications,(l) such other kinds of treatment, care, support or services as may be prescribed by the regulations for the purposes of this definition,but does not include any treatment, care, support or services of a kind declared by the regulations to be excluded from this definition.
"use" or
"operation" of a motor vehicle includes--(a) the maintenance or parking of the vehicle, or(b) in the case of a motor vehicle that is not a trailer--the use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it, or(c) in the case of a motor vehicle that is a tow truck--the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck.Note : As a result of the above definition, a third-party policy for a motor vehicle extends to cover the matters mentioned in the definition.
"Workers Compensation Acts" means the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 .Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes in the text of this Act do not form part of this Act.