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Contents (2017 - 10)
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Motor Accident Injuries Act 2017 No 10
Current version for 25 March 2020 to date (accessed 5 April 2020 at 13:47)
Part 1 Division 1.3
Division 1.3 Application
1.8   Application of Act to motor accidents occurring after commencement of Act
This Act does not apply to or in respect of a motor accident occurring before the commencement of this Act.
1.9   General restrictions on application of Act
(cf s 3A MACA)
(1)  This Act (including any third-party policy under this Act) applies in respect of the death of or injury to a person that results from the use or operation of a motor vehicle only if the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during—
(a)  the driving of the vehicle, or
(b)  a collision, or action taken to avoid a collision, with the vehicle, or
(c)  the vehicle’s running out of control, or
(d)  a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
(2)  This Act (including any third-party policy under this Act) does not apply in respect of an injury that arises gradually from a series of incidents.
1.10   Restrictions on application of Act—accident must be insured or work accident
(cf s 3B MACA)
(1)  The application of this Act in respect of death or injury that results from the use or operation of a motor vehicle is limited to death or injury that—
(a)  results from a motor accident for which the vehicle has motor accident insurance cover, or
(b)  gives rise to a work injury claim, other than a work injury claim in respect of the death of or injury to a coal miner (as defined in clause 3 of Part 18 of Schedule 6 to the Workers Compensation Act 1987).
(2)  For the purposes of this Act, a motor vehicle has motor accident insurance cover for a motor accident if and only if—
(a)  at the time of the motor accident the motor vehicle was subject to coverage under a third-party policy, or
(b)  at the time of the motor accident the motor vehicle was subject to coverage under a policy of compulsory third-party personal injury insurance or a compulsory motor vehicle accident compensation scheme under the law of a place other than New South Wales or under a law of the Commonwealth, or
(c)  at the time of the motor accident, the motor vehicle was owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or
(d)  there is a right of action against the Nominal Defendant in respect of the motor accident or there would be a right of action against the Nominal Defendant in respect of the motor accident if the motor accident had been caused by the fault of the owner or driver of the motor vehicle in the use or operation of the vehicle.
(3)  For the purposes of this Act, death or injury gives rise to a work injury claim if it is—
(a)  the death of a worker resulting from or caused by an injury to the worker (being an injury caused by the negligence or other tort of the worker’s employer), or
(b)  an injury to a worker caused by the negligence or other tort of the worker’s employer,
with expressions used in this subsection having the same meanings as they have in Part 5 of the Workers Compensation Act 1987.
1.11   Application of Part 6 (Motor accident claims), Part 7 (Dispute resolution) and Division 10.3 (Bulk billing arrangements)
(1)  Parts 6 and 7 and Division 10.3 apply to and in respect of a claim or injury whether or not there is a third-party policy in respect of liability for the claim or injury.
(2)  This section is subject to section 1.10.