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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Motor Accidents Legislation
Amendment Bill 2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Motor Accidents Act 1988 No 102 2
4 Amendment of Motor Accidents Compensation Act 1999
No 41 2
5 Amendment of workers compensation legislation 2
Schedule 1 Amendment of Motor Accidents Act 1988 3
Schedule 2 Amendment of Motor Accidents Compensation Act 1999 5
Schedule 3 Amendment of workers compensation legislation 7
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Motor Accidents Legislation
Amendment Bill 2004
Act No , 2004
An Act to amend the Motor Accidents Act 1988 and the Motor Accidents
Compensation Act 1999 in respect of motor accidents occurring in the course of
coal miner employment; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Motor Accidents Legislation Amendment Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Motor Accidents Legislation Amendment Act 2004.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Motor Accidents Act 1988 No 102
The Motor Accidents Act 1988 is amended as set out in Schedule 1.
4 Amendment of Motor Accidents Compensation Act 1999 No 41
The Motor Accidents Compensation Act 1999 is amended as set out
in Schedule 2.
5 Amendment of workers compensation legislation
The Workers Compensation Act 1987 and the Workplace Injury
Management and Workers Compensation Act 1998 are amended as
set out in Schedule 3.
Page 2
Motor Accidents Legislation Amendment Bill 2004
Amendment of Motor Accidents Act 1988 Schedule 1
Schedule 1 Amendment of Motor Accidents Act 1988
(Section 3)
[1] Section 3D
Insert after section 3C:
3D Parts 4, 5 and 6 not to apply to coal miner work injury claim
resulting from uninsured off-road accident
(1) Parts 4, 5 and 6 do not apply in respect of the death of or injury
to a coal miner caused by a motor accident if:
(a) the motor accident did not arise from the use or
operation of a motor vehicle on a road or road related
area, and
(b) there is no motor accident insurer on risk in respect of
the motor accident, and
(c) the death or injury gives rise to a work injury claim.
(2) For the purposes of subsection (1) (b), there is no motor
accident insurer on risk in respect of a motor accident if:
(a) at the time of the motor accident the motor vehicle was
not subject to coverage under a third-party policy and
was not subject to coverage under a policy of
compulsory third-party personal injury insurance or a
compulsory motor vehicle accident compensation
scheme under the law of a place other than New South
Wales or under a law of the Commonwealth, and
(b) there is no right of action against the Nominal
Defendant in respect of the motor accident.
(3) For the purposes of subsection (1) (c), death or injury gives
rise to a work injury claim if it is:
(a) a death of a worker resulting from or caused by an
injury to the worker (being an injury caused by the
negligence or other tort of the worker's employer), or
(b) an injury to a worker caused by the negligence or other
tort of the worker's employer.
(4) Expressions used in subsection (3) (a) and (b) have the same
meanings as they have in Part 5 of the Workers Compensation
Act 1987.
Page 3
Motor Accidents Legislation Amendment Bill 2004
Schedule 1 Amendment of Motor Accidents Act 1988
(5) In this section:
coal miner has the same meaning as in clause 3 of Part 18 of
Schedule 6 to the Workers Compensation Act 1987.
[2] Sections 34B, 41 and 69
Insert at the end of the sections, respectively:
Note. The application of this Part in respect of coal miner work injury
matters is limited by section 3D.
[3] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
the Motor Accidents Legislation Amendment Act 2004
[4] Schedule 4, Part 12
Insert after Part 11:
Part 12 Provisions arising from the enactment of
the Motor Accidents Legislation
Amendment Act 2004
35 Application of section 3D
Section 3D extends to motor accidents occurring before the
section commences. However, section 3D does not affect
court proceedings commenced before 5 December 2002 or
any decision of a court made before the section commences.
Page 4
Motor Accidents Legislation Amendment Bill 2004
Amendment of Motor Accidents Compensation Act 1999 Schedule 2
Schedule 2 Amendment of Motor Accidents
Compensation Act 1999
(Section 4)
[1] Section 5A
Insert after section 5:
5A Chapters 3, 4, 5 and 6 not to apply to coal miner work injury
claim resulting from uninsured off-road accident
(1) Chapters 3, 4, 5 and 6 do not apply in respect of the death of
or injury to a coal miner caused by a motor accident if:
(a) the motor accident did not arise from the use or
operation of a motor vehicle on a road, and
(b) there is no motor accident insurer on risk in respect of
the motor accident, and
(c) the death or injury gives rise to a work injury claim.
(2) For the purposes of subsection (1) (b), there is no motor
accident insurer on risk in respect of a motor accident if:
(a) at the time of the motor accident the motor vehicle was
not subject to coverage under a third-party policy and
was not subject to coverage under a policy of
compulsory third-party personal injury insurance or a
compulsory motor vehicle accident compensation
scheme under the law of a place other than New South
Wales or under a law of the Commonwealth, and
(b) there is no right of action against the Nominal
Defendant in respect of the motor accident.
(3) For the purposes of subsection (1) (c), death or injury gives
rise to a work injury claim if it is:
(a) a death of a worker resulting from or caused by an
injury to the worker (being an injury caused by the
negligence or other tort of the worker's employer), or
(b) an injury to a worker caused by the negligence or other
tort of the worker's employer.
(4) Expressions used in subsection (3) (a) and (b) have the same
meanings as they have in Part 5 of the Workers Compensation
Act 1987.
Page 5
Motor Accidents Legislation Amendment Bill 2004
Schedule 2 Amendment of Motor Accidents Compensation Act 1999
(5) In this section:
coal miner has the same meaning as in clause 3 of Part 18 of
Schedule 6 to the Workers Compensation Act 1987.
[2] Sections 43, 67 and 148
Insert at the end of the sections, respectively:
Note. The application of this Chapter in respect of coal miner work injury
matters is limited by section 5A.
[3] Section 122 Damages in respect of motor accidents
Omit the note to the section. Insert instead:
Note. See Motor Accidents Act 1988 for motor accidents occurring
before the commencement of this Act.
See section 121 of the Transport Administration Act 1988 for the
application of this Chapter to railway, ferry and other public transport
accidents.
The application of this Chapter in respect of coal miner work injury
matters is limited by section 5A.
[4] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Motor Accidents Legislation Amendment Act 2004
[5] Schedule 5, Part 4
Insert after Part 3:
Part 4 Provisions arising from the enactment of
the Motor Accidents Legislation
Amendment Act 2004
17 Application of section 5A
Section 5A extends to motor accidents occurring before the
section commences. However, section 5A does not affect
court proceedings commenced before 5 December 2002 or
any decision of a court made before the section commences.
Page 6
Motor Accidents Legislation Amendment Bill 2004
Amendment of workers compensation legislation Schedule 3
Schedule 3 Amendment of workers compensation
legislation
(Section 5)
3.1 Workers Compensation Act 1987
Section 151E Application--modified common law damages
Insert after section 151E (2):
Note. However, this Division will generally apply in the case of an injury
to a coal miner if the injury is caused by an off-road motor accident and
there is no motor accident insurer on risk (as described in section 3D of
the Motor Accidents Act 1988 and section 5A of the Motor Accidents
Compensation Act 1999).
3.2 Workplace Injury Management and Workers Compensation
Act 1998
Section 250 Interpretation
Insert at the end of the definition of work injury damages in
section 250 (1):
Note. However, work injury damages generally extends to damages
recoverable from a worker's employer in the case of an injury to a coal
miner where the injury is caused by an off-road motor accident and there
is no motor accident insurer on risk (as described in section 3D of the
Motor Accidents Act 1988 and section 5A of the Motor Accidents
Compensation Act 1999).
Page 7
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