SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 3

SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 3

SCHEDULE 3 – Payment of benefits from the Fund subject to discretion in certain cases

(Section 36)

1 Definitions

(1) In this Schedule:


"appointed day" means the date of assent to the Sporting Injuries Insurance (Amendment) Act 1981 .


"injury" means personal injury arising out of or in the course of a sporting or athletic activity, and includes a disease:

(a) contracted in the course of any such activity, and

(b) to which the activity was a contributing factor,

but does not include the aggravation, acceleration, exacerbation of, or deterioration resulting from, a disease.

(2) A reference in this Schedule to a person who is seriously disabled is a reference to a person who is a paraplegic or a quadriplegic.

2 Power to make payments

(1) Subject to clause 4, where:

(a) a person suffered an injury, whether within or outside New South Wales, on or after 22 February 1977, but on or before 15 August 1979, in the course of an activity of a kind that the Authority considers to be similar to an activity that is or has been, at any time before the period of 2 months commencing with the appointed day expires, an authorised activity of a sporting organisation,

(b) the Authority is satisfied that the injury resulted in the person's death or in the person's having been permanently seriously disabled, and

(c) the Authority considers that:

(i) where the person died--the person's death caused substantial and continuing financial hardship to the person's dependants, within the meaning of section 26, or

(ii) where the person has been permanently seriously disabled--the person's disability is causing the person substantial and continuing financial hardship,

the Authority may, on application made to it and with the approval of the Minister, pay from the Fund an amount not exceeding the amount that, on 16 February 1979, would or might have been payable under section 25 or 26, as the case may be, if the injury had been suffered by a registered participant of a sporting organisation in the course of an authorised activity for that organisation.

(2) Subject to clause 4, where:

(a) a person suffered an injury in the circumstances specified in subclause (1) (a), and

(b) the Authority is satisfied:

(i) that the injury resulted in the person's death, and

(ii) that an amount may not be paid under subclause (1) in respect of that death,

the Authority may, on application made to it and with the approval of the Minister, pay from the Fund an amount not exceeding the amount that, on 16 February 1979, would or might have been payable under section 27 if the injury had been suffered in the course of an authorised activity for a sporting organisation by a registered participant of that organisation who was under the age of 18 years.

3 Designation of recipients etc

Any amount paid under this Schedule shall be paid:

(a) to such person or persons and, if to more than one person, in such proportions, and

(b) where the amount is not paid under clause 2 (2) and the Authority considers it appropriate to pay the amount by instalments, by such annual or other periodic instalments of such amounts,

4 Restriction on applications

An application may not be made:

(a) for payment of an amount under this Schedule, later than 3 months after the appointed day, or

(b) for payment of an amount under this Schedule and under Part 5, in respect of any one death or injury.

5 Application of section 28

Section 28:

(a) applies to and in respect of an amount paid under this Schedule and the person who receives any such amount in the same way as it applies to and in respect of an amount paid under section 25 and the person who receives any such amount, and

(b) so applies as if the reference in section 28 (1) to section 25 were a reference to this Schedule.