His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Sporting Injuries Insurance Act 1978.

JEFFREY SHAW, Q.C., M.L.C.,

Minister for Industrial Relations

Explanatory note

The object of this Regulation is to to repeal and remake, with minor modifications, the provisions of the Sporting Injuries Insurance Regulation 1994 under the Sporting Injuries Insurance Act 1978.

The new Regulation contains provisions with respect to the following matters:

(a)  interest rates chargeable under section 11A of the Act (clause 5),

(b)  the funeral expenses payable under section 27 of the Act (clause 6),

(c)  compensation payable under Table A in Schedule 1 to the Act (clause 7).

This Regulation is made under the Sporting Injuries Insurance Act 1978, including section 30 (the general regulation-making power), sections 11A and 27 and Schedule 1 to the Act.

This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.

1   Name of Regulation

This Regulation is the Sporting Injuries Insurance Regulation 1999.

2   Commencement

This Regulation commences on 1 September 1999.

3   Definitions

In this Regulation:

the Act means the Sporting Injuries Insurance Act 1978.

4   Notes

The explanatory note and table of contents do not form part of this Regulation.

5   Prescribed interest rate: section 11A

(1)  The object of this clause is to fix the rate at which interest is payable to the Sporting Injuries Fund on money transferred from that Fund to the Supplementary Sporting Injuries Fund under section 11A of the Act.

(2)  The rate of interest prescribed for the purposes of section 11A (6) (b) of the Act is the rate for the time being prescribed under section 95 (1) of the Supreme Court Act 1970 for payment of interest on a judgment debt.

6   Funeral expenses: section 27

(1)  The object of this clause is to fix the maximum amount payable under section 27 of the Act in relation to the funeral expenses of a person who dies as a consequence of a sporting injury.

(2)  The prescribed amount for the purposes of section 27 (3) of the Act is $4,560.

(3)  When subclause (2) is amended by altering the amount prescribed by that subclause, the amount applicable as the prescribed amount before the commencement of the amendment continues to apply to an application for payment of the funeral expenses of a person who died as a consequence of an injury suffered while participating in an authorised activity before the commencement of the amendment.

7   Prescribed percentage of loss: Table A

(1)  The object of this clause is to fix the minimum percentage permanent loss that must be suffered by a person before the injury giving rise to that loss becomes compensable under the Act.

(2)  For the purposes of Table A in Schedule 1 to the Act:

(a)  33 per cent is the prescribed percentage for paragraph (a) of Part 1 and paragraph (a) of Part 2, in the case of the permanent loss of the use of the whole, or of the greater part, of either arm or either leg, and

(b)  11 per cent is the prescribed percentage for item 1 of Part 4, in the case of permanent loss of hearing in both ears, and

(c)  50 per cent is the prescribed percentage in all other cases.

8   Repeal

(1)  The Sporting Injuries Insurance Regulation 1994 is repealed.

(2)  Any act, matter or thing that, immediately before the repeal of the Sporting Injuries Insurance Regulation 1994, had effect under that Regulation continues to have effect under this Regulation.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Sporting Injuries Insurance Regulation 1999 published in Gazette No 98 of 27.8.1999, p 7430.