New South Wales Consolidated Acts New South Wales Consolidated Acts(cf ss 3, 3B, 3C, 68 MAA)
In this Act:
"attendant care services" means services that aim to provide assistance to
people with everyday tasks, and includes (for example) personal assistance,
nursing, home maintenance and domestic services.
"Authority" means the Motor Accidents Authority of New South Wales constituted
under Part 8.1.
"claim" means a claim for damages in respect of the death of or injury to a
person caused by the fault of the owner or driver of a motor vehicle in the
use or operation of the vehicle.
"claimant" means a person who makes or is entitled to make a claim.
"claims assessor" -see Part 4.4.
"credit card" includes a debit card.
"driver" means a person driving a motor vehicle, and includes:
(a) a person riding and operating a motor cycle, and
(b) a person for the time being in charge of a motor vehicle."exercise" a function includes perform a duty.
(a) pre-natal injury, and
(b) psychological or psychiatric injury, and
(c) damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses."Insurance Industry Deed" means an agreement, as in force for the time being, between the Minister on behalf of the State, the Authority, licensed insurers and other persons (if any) with respect to the third-party insurance scheme and the Nominal Defendant scheme under this Act that is designated by the agreement as the Insurance Industry Deed for the purposes of this Act.
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the vehicle, or
(c) the vehicle’s running out of control."Motor Accidents Authority Fund" means the fund by that name established under Part 8.4.
Note: The Road Transport (General) Act 2005 defines a motor vehicle to mean a vehicle (within the meaning of that Act) that is built to be propelled by a motor that forms part of the vehicle. That Act defines "vehicle" to mean any description of vehicle on wheels (including a light rail vehicle) but not including other vehicles used on railways or tramways."Nominal Defendant" means the Nominal Defendant referred to in section 32.
Note: Section 32 appoints the Authority as the Nominal Defendant for the purposes of this Act."Nominal Defendant’s Fund" means the fund by that name established under Part 2.4.
(a) pain and suffering, and
(b) loss of amenities of life, and
(c) loss of expectation of life, and
(d) disfigurement."owner" of a motor vehicle-see section 4.
(a) registration of a motor vehicle under the Road Transport (Vehicle Registration) Act 1997 or the Recreation Vehicles Act 1983 , or
(b) the issue of an unregistered vehicle permit under the Road Transport (Vehicle Registration) Act 1997 for an unregistered motor vehicle, or
(c) registration in New South Wales of a motor vehicle under the Interstate Road Transport Act 1985 of the Commonwealth."rehabilitation" of an injured person, means the process of restoring or attempting to restore the person, through the combined and co-ordinated use of medical, social, educational and vocational measures, to the maximum level of function of which the person is capable or which the person wishes to achieve and includes placement in employment and all forms of social rehabilitation such as family counselling, leisure counselling and training for independent living.
(a) a husband or wife, or
(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 ,but where more than one person would so qualify as a spouse, means only the last person so to qualify.
Note: The Road Transport (General) Act 2005 defines "trailer" to mean a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed."use" or "operation" of a motor vehicle includes:
(a) the maintenance or parking of the vehicle, or
(b) in the case of a motor vehicle that is not a trailer-the use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it, or
(c) in the case of a motor vehicle that is a tow truck-the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck.
Note: As a result of the above definition, a third-party policy for a motor vehicle extends to cover the matters mentioned in the definition."Workers Compensation Acts" means the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 .