New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 3D

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 .

(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 .