Motor Accidents Legislation
Amendment Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The claims procedures of the Workplace Injury Management and Workers
Compensation Act 1998 and the scheme under the Workers Compensation
Act 1987 for determining common law damages do not apply to claims against
an employer for damages for death or injury arising from a motor accident
occurring in the course of employment. Instead, the claims procedures and
scheme for determining common law damages under the Motor Accidents
Act 1988 and the Motor Accidents Compensation Act 1999 apply to such claims.

The object of this Bill is to insert new provisions in the Motor Accidents
Act 1988 and the Motor Accidents Compensation Act 1999 to reverse this
position 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 (including any insurer under a
third-party policy) in respect of the motor accident and there is no right of
action against the Nominal Defendant.

The Bill contains transitional provisions that extend the operation of the new
provisions to motor accidents occurring before the commencement of those new
provisions, but not so as to affect court proceedings commenced before 5
December 2002 (being the date on which the Minister made a statement in the
Legislative Council to the effect that the amendments made by the Bill would
commence from that date).

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Motor
Accidents Act 1988 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Motor
Accidents Compensation Act 1999 set out in Schedule 2.

Clause 5 is a formal provision that gives effect to Schedule 3 which inserts a
note to section 151E of the Workers Compensation Act 1987 and a note to the
definition of work injury damages in section 250 (1) of the Workplace Injury
Management and Workers Compensation Act 1998.

Schedule 1 Amendment of Motor Accidents Act 1988
This Schedule sets out the amendments to the Motor Accidents Act 1988
explained in the Overview.

Schedule 2 Amendment of Motor Accidents
Compensation Act 1999
This Schedule sets out the amendments to the Motor Accidents Compensation
Act 1999 explained in the Overview.

Schedule 3 Amendment of workers compensation
legislation
This Schedule inserts a note into the Workers Compensation Act 1987 to alert
readers to the effect of the proposed provisions explained in the Overview in
relation to the award of common law damages. It also inserts a note into the
Workplace Injury Management and Workers Compensation Act 1998 to alert
readers to the effect of the proposed provisions explained in the Overview in
relation to the claims procedures of that Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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