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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Motor Accidents Compensation
Amendment (Medical Assessments)
Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Motor Accidents Compensation Act 1999
No 41 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2000
New South Wales
Motor Accidents Compensation
Amendment (Medical Assessments)
Bill 2000
Act No , 2000
An Act to amend the Motor Accidents Compensation Act 1999 to make further
provision with respect to certificates of medical assessors.
Clause 1 Motor Accidents Compensation Amendment (Medical Assessments) Bill
2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Motor Accidents Compensation Amendment (Medical
Assessments) Act 2000.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Motor Accidents Compensation Act 1999 No 41
The Motor Accidents Compensation Act 1999 is amended as set out in
Schedule 1.
Page 2
Motor Accidents Compensation Amendment (Medical Assessments) Bill
2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 61 Status of medical assessments
Omit section 61 (4)(7). Insert instead:
(4) In any court proceedings, the court may (despite anything to the
contrary in this section) reject a certificate as to all or any of the
matters certified in it, on the grounds of denial of procedural
fairness to a party to the proceedings in connection with the
issue of the certificate, but only if the court is satisfied that
admission of the certificate as to the matter or matters
concerned would cause substantial injustice to that party.
(5) If a certificate as to any matter is rejected under subsection (4),
the court is to refer that matter again for assessment under this
Part and adjourn the proceedings until a further certificate is
given and admitted in evidence in the proceedings.
(6) However, if a certificate as to whether or not the degree of
permanent impairment of the injured person is greater than
10% is rejected under subsection (4), the court may, if it
considers it appropriate, substitute a determination of the court
as to the degree of permanent impairment of the injured person
(assessed by the court in accordance with section 133) instead
of referring that matter again for assessment under this Part.
(7) Except as provided by subsection (6), a court may not
substitute its own determination as to any matter referred to in
subsection (2) (a), (b) or (c).
(8) This section:
(a) does not prevent a court from referring a matter again
for assessment under this Part (as provided for by
section 62), and
(b) does not require a court to refer a matter again for
assessment under this Part if the matter is not a matter
referred to in subsection (2) (a), (b) or (c).
Page 3
Motor Accidents Compensation Amendment (Medical Assessments) Bill
2000
Schedule 1 Amendments
(9) A certificate is to set out the reasons for any finding by the
medical assessor or assessors as to any matter certified in the
certificate in respect of which the certificate is conclusive
evidence.
[2] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Motor Accidents Compensation Amendment (Medical
Assessments) Act 2000
[3] Schedule 5, Part 3
Insert after clause 15:
Part 3 Provisions arising from the Motor Accidents
Compensation Amendment (Medical
Assessments) Act 2000
16 Application of amendment
The amendment made to section 61 by the Motor Accidents
Compensation Amendment (Medical Assessments) Act 2000
extends:
(a) to any certificate given by a medical assessor under Part
3.4 of Chapter 3 before the commencement of that
amendment, and
(b) to any court proceedings commenced, but not finally
determined, before the commencement of that
amendment.
Page 4
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