Motor Accidents Compensation Act 1999 (NSW)

Motor Accidents Compensation Act 1999 No 41

An Act to establish a new scheme of compulsory third-party insurance and payment of compensation relating to the death of or injury to persons as a consequence of motor accidents; to amend the Motor Accidents Act 1988 and other Acts; and for other purposes.

Chapter 1 Preliminary

Part 1.1 Interpretation and application

1 Name of Act This Act is the Motor Accidents Compensation Act 1999.

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

3 Definitions (cf ss 3, 3B, 3C, 68 MAA) 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 damages 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. claimant means a person who makes or is entitled to make a claim. 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. credit card includes a debit card. 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. exercise a function includes perform a duty. fault means negligence or any other tort. function includes a power, authority or duty. 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. 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. licensed insurer means an insurer that is the holder of a licence granted under Part 7.1 and in force. market share, in relation to an insurer, means, at any particular time, the proportion determined under section 172 by the Authority in relation to the insurer and applicable at that time. medical assessor—see Part 3.4. 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 Accidents Medical Guidelines means guidelines issued by the Authority under Part 3.1 and in force. Motor Accidents Operational Fund means the Motor Accidents Operational Fund established under Part 8.4. motor vehicle means a motor vehicle or trailer within the meaning of the Road Transport Act 2013.