Motor Accidents Act 1988 (NSW)

Motor Accidents Act 1988 No 102

An Act relating to the recovery of damages, and compulsory insurance against liability, for the death of or injury to persons as a consequence of motor accidents; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Motor Accidents Act 1988.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

2AA Motor Accidents Compensation Act 1999 and Motor Accident Injuries Act 2017 (1) The Motor Accidents Compensation Act 1999 makes provision with respect to motor accidents occurring after the commencement of that Act (but before the commencement of the Motor Accident Injuries Act 2017).

Note— See sections 34B, 39AA, 41 (1) and 69 (1A) which limit the provisions of the Act relating to claims, court proceedings and the award of damages to motor accidents occurring before the commencement of the Motor Accidents Compensation Act 1999. (2) The Motor Accident Injuries Act 2017 makes provision with respect to motor accidents occurring after the commencement of that Act.

2A Objects of Act (1) The objects of this Act are: (a) to repeal the Transport Accidents Compensation Act 1987 and thereby to abolish the scheme for compensating victims of transport accidents (TransCover) established under that Act, and (b) to re-instate a common law based scheme under which damages can only be awarded after a finding of negligence, and (c) by the scheme under this Act: (i) to reduce the cost of the former common law based scheme by limiting benefits for non-economic loss in the case of relatively minor injuries, and (ii) to introduce a stricter procedure for the making and assessment of claims for damages, and (iii) to preserve the benefits payable to persons with more severe injuries involving on-going disability, and (iv) to give full weight to the need to identify fraudulent claims, deter their lodgment and prosecute those responsible for them, and (v) to encourage recovery from injury and early and effective rehabilitation, where appropriate, as a key feature of the scheme, and (vi) to encourage the speedy, efficient and effective provision of benefits balanced by the need to investigate claims properly and the need to encourage an early return to employment.