Sporting Injuries Insurance Act 1978 (NSW)

Sporting Injuries Insurance Act 1978 No 141

An Act to establish a scheme for the payment of benefits in respect of deaths and certain injuries suffered by persons participating in certain sporting or recreational activities; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Sporting Injuries Insurance Act 1978.

2 Commencement (1) Section 1, Part 2, Part 6 (other than section 36), Schedule 2 and this section shall commence on the date of assent to this Act. (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Notes Notes included in this Act do not form part of this Act.

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).