New South Wales Consolidated Acts

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MOTOR ACCIDENT INJURIES ACT 2017 - SECT 4.22

Indexation of maximum for non-economic loss damages

4.22 Indexation of maximum for non-economic loss damages

(cf s 146 MACA)

(1) The Authority is, on or before 1 October 2017 and on or before 1 October in each succeeding year, to declare, by order published on the NSW legislation website, the amount that is to apply, as from the date specified in the order, for the purposes of section 4.13.
(2) The amount declared is to be the amount applicable under section 4.13 (or that amount as last adjusted under this section) adjusted by the percentage change in the amounts estimated by the Australian Statistician of the average weekly total earnings of adults in full-time employment in New South Wales over the 4 quarters preceding the date of the declaration for which those estimates are, at that date, available.
(3) An amount declared for the time being under this section applies to the exclusion of the amount under section 4.13.
(4) If the Australian Statistician fails or ceases to estimate the amounts referred to in subsection (2), the amount declared is to be the amount determined in accordance with the regulations.
(5) In adjusting an amount to be declared for the purpose of section 4.13, the amount determined in accordance with subsection (2) is to be rounded to the nearest $1,000 (with the amount of $500 being rounded up).



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