SPORTING INJURIES INSURANCE ACT 1978 - SECT 31 Rules

SPORTING INJURIES INSURANCE ACT 1978 - SECT 31

31 Rules

(1) The Authority may make rules, not inconsistent with this Act or the regulations, for or with respect to any matter that by this Act is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act and, in particular, for or with respect to:

(a) specifying, or providing for the determination of, the authorised activities of prescribed organisations,

(b) describing, or providing for the determination of, the persons who are to be treated as registered participants of sporting organisations, enrolled student participants of schools or enrolled participants of the Department,

(c) the keeping of registers of persons participating in any sporting or athletic activities, or recreational activities conducted or promoted by the Department, and the furnishing to the Authority or to any other person or association of copies:

(i) of any such register, and

(ii) of estimates of the numbers of persons who will participate in those activities,

(d) the giving of notice of injuries suffered in the course of sporting or athletic activities, or recreational activities conducted or promoted by the Department, and the keeping of records of any such injuries,

(e) the furnishing to the Authority of:

(i) returns and other information relating to any sporting or athletic activities, or recreational activities conducted or promoted by the Department, and injuries suffered in, or in connection with, any such activities, and

(ii) particulars of any actual or intended change in the composition or name of a sporting organisation, and

(f) the making of applications for benefits under this Act and the reimbursement (or non-reimbursement) by the Authority of any specific costs incurred in connection with the due making of those applications.

(1A) A rule may be made under section 31 (1) (f) for or with respect to the reimbursement by the Authority of any costs incurred in connection with an application duly made before the commencement of this subsection and not finally determined on that commencement.

(2) A provision of a rule may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or

(d) authorise the Authority to determine:

(i) that an activity of a kind described by the Authority shall, for the purposes of this Act, be deemed to be an authorised activity of a prescribed organisation specified by the Authority for a period so specified, which period may have wholly or partly occurred before the date of the determination, or

(ii) that a person who was not a registered participant of a sporting organisation, an enrolled student participant of a school or an enrolled participant of the Department at a time or during a period before the determination is made shall be treated as a registered participant of the sporting organisation, an enrolled student participant of the school or an enrolled participant of the Department, as the case may require, at that time or during that period,

or may do any combination of those things.

(2A) Forthwith after the Authority makes a determination under a rule made pursuant to subsection (2) (d), it shall forward a notice setting out particulars of the determination to the prescribed organisation to which the determination relates.

(3) The rules may impose a penalty not exceeding 2 penalty units for the breach of any of them.

(4) A rule has no effect unless it has been approved by the Governor.