New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 80

80 Indexation of amounts relating to non-economic loss

(1) The Minister shall, on or before 1 October 1990 and on or before 1 October in each succeeding year, declare, by order published on the NSW legislation website, the amounts which are to apply, as from the date specified in the order, for the purposes of section 79 or 79A.

Note: See orders published in Gazettes No 120 of 28.9.1990, p 8681; No 134 of 27.9.1991, p 8354; No 119 of 25.9.1992, p 7040; No 104 of 24.9.1993, p 5917; No 132 of 30.9.1994, p 6060; No 119 of 29.9.1995, p 6939; No 107 of 20.9.1996, p 6434; No 104 of 26.9.1997, p 8212; No 139 of 25.9.1998, p 7698; No 114 of 1.10.1999, p 9659; No 127 of 29.9.2000, p 10835; No 135 of 7.9.2001, p 7576; No 154 of 27.9.2002, p 8397; No 154 of 26.9.2003, p 9621; No 149 of 24.9.2004, p 7662; No 120 of 30.9.2005, p 7908; No 120 of 29.9.2006, p 8492; No 127 of 21.9.2007, p 7221 and No 123 of 26.9.2008, p 9565. See now the Motor Accidents (Determination of Non-Economic Loss) Order 2009 .

(2) The amounts declared shall be each of the amounts applicable under section 79 or 79A (or those amounts as last adjusted under this section) adjusted by the percentage change in the amounts estimated by the Australian Statistician of the average weekly total earnings of full-time adults in New South Wales over the 4 quarters preceding the date of the declaration for which those estimates are, at that date, available.

(3) An amount declared for the time being under this section shall apply to the exclusion of the corresponding amount under section 79 or 79A.

(4) If the Australian Statistician fails or ceases to estimate the amounts referred to in subsection (2), the amounts declared shall be the amounts determined in accordance with the regulations.

(5) In adjusting an amount to be declared for the purpose of section 79 (3) or 79A (5), the amount determined in accordance with subsection (2) is to be rounded to the nearest $1,000 (with the amount of $500 being rounded up).

(6) In adjusting an amount to be declared for the purpose of section 79 (4) or (5), the amount determined in accordance with subsection (2) is to be rounded to the nearest $500 (with the amounts of $250 and $750 being rounded up).