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Motor Accidents Compensation (Determination of Loss) Order 2009

[2009-489]


NSW Crest

Status Information

Currency of version
Current version for 1 October 2012 to date (accessed 26 May 2013 at 18:22).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 1 October 2012.

Contents

1 Name of Order
2 Commencement
3 Section 125: Damages for past or future economic loss—maximum for loss of earning etc
4 Section 134: Maximum amount of damages for non-economic loss
5 Repeal

Historical notes

NSW Crest

1   Name of Order

This Order is the Motor Accidents Compensation (Determination of Loss) Order 2009.

2   Commencement

This Order commences on 1 October 2009 and is required to be published in the Gazette.

3   Section 125: Damages for past or future economic loss—maximum for loss of earning etc

It is declared that, on and from the date specified in Column 1 of the Table to this clause, in the case of an award under section 125 (1) of the Motor Accidents Compensation Act 1999, the court is to disregard the amount (if any) by which an injured or deceased person’s net weekly earnings would (but for the injury or death) have exceeded the amount specified in Column 2 of that Table opposite that specified date.



Table

Column 1

Column 2

Operative date

Amount of maximum loss of earning etc (net weekly earnings)

1 October 2000

$2,603

1 October 2001

$2,712

1 October 2002

$2,834

1 October 2003

$3,021

1 October 2004

$3,127

1 October 2005

$3,296

1 October 2006

$3,362

1 October 2007

$3,500

1 October 2008

$3,584

1 October 2009

$3,749

1 October 2010

$3,966

1 October 2011

$4,129

1 October 2012

$4,236

4   Section 134: Maximum amount of damages for non-economic loss

It is declared that, on and from the date specified in Column 1 of the Table to this clause, the maximum amount that may be awarded for non-economic loss of an injured person as a consequence of a motor accident is the amount specified in Column 2 of that Table opposite that specified date.



Table

Column 1

Column 2

Operative date

Maximum amount of damages for non-economic loss

1 October 2000

$271,000

1 October 2001

$296,000

1 October 2002

$309,000

1 October 2003

$329,000

1 October 2004

$341,000

1 October 2005

$359,000

1 October 2006

$366,000

1 October 2007

$381,000

1 October 2008

$390,000

1 October 2009

$408,000

1 October 2010

$432,000

1 October 2011

$450,000

1 October 2012

$462,000

5   Repeal

Every Order made under section 146 of the Motor Accidents Compensation Act 1999 before the commencement of this Order is repealed.

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

Motor Accidents Compensation (Determination of Loss) Order 2009 (489). GG No 136 of 25.9.2009, p 5205. Date of commencement, 1.10.2009, cl 2. This Order has been amended as follows:

2010

(564)

Motor Accidents Compensation (Determination of Loss) Amendment Order 2010. LW 1.10.2010.
Date of commencement, 1.10.2010, cl 2.

2011

(517)

Motor Accidents Compensation (Determination of Loss) Amendment Order 2011. LW 30.9.2011.
Date of commencement, 1.10.2011, cl 2.

2012

(477)

Motor Accidents Compensation (Determination of Loss) Amendment Order 2012. LW 28.9.2012.
Date of commencement, 1.10.2012, cl 2.

Table of amendments

Cl 3

Am 2010 (564), cl 3 (1); 2011 (517), cl 3 (1); 2012 (477), cl 3 (1).

Cl 4

Am 2010 (564), cl 3 (2); 2011 (517), cl 3 (2); 2012 (477), cl 3 (2).

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