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Oct 13 2017

MOTOR ACCIDENTS COMPENSATION ACT 1999 – SECT 3 Definitions #motor #vehicle #accident #lawyers

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New South Wales Consolidated Acts


MOTOR ACCIDENTS COMPENSATION ACT 1999 – SECT 3

3 Definitions

(cf ss 3, 3B, 3C, 68 MAA)
In this Act:

“attendant care services” means services that aim to provide assistance to people with everyday tasks, and includes (for example) personal assistance, nursing, home maintenance and domestic services.

“Authority” means the State Insurance Regulatory Authority constituted under the State Insurance and Care Governance Act 2015 .

“claim” means a claim for damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle.

“claimant” means a person who makes or is entitled to make a claim.

“claims assessor” means a person appointed as a claims assessor under section 99.

“credit card” includes a debit card.

“driver” means a person driving a motor vehicle. and includes: (a) a person riding and operating a motor cycle, and (b) a person for the time being in charge of a motor vehicle.
“exercise” a function includes perform a duty.

“fault” means negligence or any other tort.

“function” includes a power, authority or duty.

“hospital” means a public hospital (within the meaning of the Health Services Act 1997 ), or a private health facility licensed under the Private Health Facilities Act 2007 .

“injury” means personal or bodily injury and includes: (a) pre-natal injury. and (b) psychological or psychiatric injury. and (c) damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses.
“Insurance Industry Deed” means an agreement, as in force for the time being, between the Minister on behalf of the State, the Authority. licensed insurers and other persons (if any) with respect to the third-party insurance scheme and the Nominal Defendant scheme under this Act that is designated by the agreement as the Insurance Industry Deed for the purposes of this Act.

“insured motor vehicle” means a motor vehicle in relation to which a third-party policy is in force.

“insured person” means a person insured under a third-party policy.

“licensed insurer” means an insurer that is the holder of a licence granted under Part 7.1 and in force.

“market share”. in relation to an insurer. means, at any particular time, the proportion determined under section 172 by the Authority in relation to the insurer and applicable at that time.

“medical assessor” -see Part 3.4.

“motor accident” means an incident or accident involving the use or operation of a motor vehicle that causes the death of or injury to a person where 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.
“Motor Accidents Claims Assessment Guidelines” means guidelines issued by the Authority under Part 4.1 and in force.

“Motor Accidents Medical Guidelines” means guidelines issued by the Authority under Part 3.1 and in force.

“Motor Accidents Operational Fund” means the Motor Accidents Operational Fund established under Part 8.4.

“motor vehicle” means a motor vehicle or trailer within the meaning of the Road Transport Act 2013 . Note : The Road Transport Act 2013 defines a
“motor vehicle” to mean a vehicle (within the meaning of that Act) that is built to be propelled by a motor that forms part of the vehicle.

“Nominal Defendant” means the Nominal Defendant referred to in section 32. Note : Section 32 appoints the Authority as the Nominal Defendant for the purposes of this Act.
“Nominal Defendant’s Fund” means the fund by that name established under Part 2.4.

“non-economic loss” means: (a) pain and suffering, and (b) loss of amenities of life, and (c) loss of expectation of life, and (d) disfigurement.
“owner” of a motor vehicle -see section 4.

“Principal Claims Assessor” means the person holding office as Principal Claims Assessor under section 99A.

“registration” means: (a) registration of a motor vehicle under the Road Transport Act 2013 or the Recreation Vehicles Act 1983 . or (b) the issue of an unregistered vehicle permit under the Road Transport Act 2013 for an unregistered motor vehicle. or (c) registration in New South Wales of a motor vehicle under the Interstate Road Transport Act 1985 of the Commonwealth.
“rehabilitation” of an injured person, means the process of restoring or attempting to restore the person, through the combined and co-ordinated use of medical, social, educational and vocational measures, to the maximum level of function of which the person is capable or which the person wishes to achieve and includes placement in employment and all forms of social rehabilitation such as family counselling, leisure counselling and training for independent living.

“RMS” means Roads and Maritime Services constituted under the Transport Administration Act 1988 .

“road” means a road or road related area (within the meaning of section 4 (1) of the Road Transport Act 2013 ), but does not include an area to which the whole of that Act does not apply because of an instrument under that Act.

“spouse” means: (a) a husband or wife, or (b) a de facto partner, but where more than one person would so qualify as a spouse. means only the last person so to qualify. Note : “De facto partner” is defined in section 21C of the Interpretation Act 1987 .
“third-party insurer” means an insurer under a third-party policy.

“third-party policy” means a policy of insurance under this Act.

“trader’s plate” means a trader’s plate within the meaning of the Road Transport Act 2013 .

“trailer” means a trailer within the meaning of the Road Transport Act 2013 . Note : The Road Transport Act 2013 defines
“trailer” to mean a vehicle that is built to be towed, or is towed, by a motor vehicle. but does not include a motor vehicle that is being towed.

“use” or
“operation” of a motor vehicle includes: (a) the maintenance or parking of the vehicle, or (b) in the case of a motor vehicle that is not a trailer -the use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it, or (c) in the case of a motor vehicle that is a tow truck-the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck. Note : As a result of the above definition, a third-party policy for a motor vehicle extends to cover the matters mentioned in the definition.
“Workers Compensation Acts” means the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 .





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