SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 4
SPORTING INJURIES INSURANCE ACT 1978 - SCHEDULE 4
SCHEDULE 4 – Payment of benefits from the Supplementary Fund subject to discretion in certain cases
1 Definitions
(1) In this Schedule:
"appointed day" means the day on which this Schedule commences.
"injury" has the meaning ascribed thereto in Schedule 3.
(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
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 the appointed day,
(b) the injury was suffered in the course of an activity that in the opinion of the Authority, would or might have been an authorised activity of a school or of the Department if the activity had been carried on on or after the appointed day,
(c) the person, in the opinion of the Authority, would or might have been an enrolled student participant of a school or an enrolled participant of the Department at the time of the injury if the injury was suffered on or after the appointed day, and
(d) the Authority is satisfied that the injury resulted in the death of the person or in the person's having been permanently seriously disabled,the Authority may, on application made to it and with the approval of the Minister, pay from the Supplementary Fund an amount not exceeding the maximum amount that, immediately before 1 June 1983, would or might have been payable under section 25, 26 or 27, as the case may be, if the injury had been suffered in the course of an authorised activity for a sporting organisation by a registered participant of that organisation.
3 Designation of recipients etc
Subject to clause 5, any amount paid under this Schedule shall be paid to such person or persons and, if to more than one person, in such proportions as the Authority, with the approval of the Minister, determines.
4 Restriction on applications
An application may not be made for payment of an amount under this Schedule:
(a) except as provided in paragraph (b)--later than 12 months after the appointed day,
(b) where the application is made in respect of a death--later than 12 months after the appointed day or the date of the death, whichever occurs later,
(c) in respect of an injury or a death arising out of or suffered in the course of an authorised activity of a sporting organisation, or
(d) if an amount has already been paid under Part 5 or Schedule 3 in respect of the death or injury to which the application would relate.
5 Application of sections 28, 35A and 35B
(1) 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.
(2) Sections 35A and 35B apply to and in respect of an amount paid or payable under this Schedule in the same way as they apply to and in respect of benefits paid or payable under section 25, 26 or 27 to or in respect of enrolled student participants of schools and enrolled participants of the Department.