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SPORTING IN JURIES INSURANCE (AMENDMENT)
BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Sporting Injuries Insurance Act 1978 establishes a scheme for the payment of
compensation for serious injuries to or the death of participants in the sporting or
athletic activities of certain sporting organisations, schools and the Department of Sport
and Recreation.
The object of this Bill is to amend Sporting Injuries Insurance Act 1978 so as:
(a) to increase the benefits payable under that Act by approximately 65 per cent;
and
(b) to clarify the provisions of that Act relating to the benefit payable in the case of
multiple compensable injuries; and
(c) to make special provision with respect to the payment of benefits to mentally
incapacitated persons.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act is to commence on a day or days to be
proclaimed by the Governor-in-Council.
Clause 3 is a formal provision which gives effect to the Schedule of amendments to
the principal Act.
Clause 4 contains savings and transitional provisions and provides, in particular,
that the proposed increased benefits are payable only in respect of serious injuries or
deaths arising from sporting or athletic activities that take place after the commencement
of the proposed Act.
SCHEDULE 1--AMENDMENTS
Schedule 1 (1) (a), (b), (c) and (e), (2) and (4) increase by approximately 65 per cent
the benefits payable under the Principal Act in respect of serious injuries or deaths
arising from sporting or athletic activities to which the Principal Act applies.
Sporting Injuries Insurance (Amendment) 1991
Schedule 1 (1) (d) clarifies the application of the provisions of the Principal Act
relating to the benefit payable in the case of multiple compensable injuries. The
amendment makes it clear that, if a single injury could be compensated under 2 or more
items in the Table of compensable injuries, the benefit payable is for the compensable
injury which provides the larger or largest benefit. For instance, an injury to a foot may
be compensated as the relevant percentage loss of the use of the foot or as a lesser
percentage loss of the use of the lower part of the leg or as a lesser percentage loss of
the whole leg. In that case, a separate benefit is not payable under each item but,
because of the larger amount payable for the loss of the whole or part of a limb, the
lesser percentage of that item may result in a larger benefit than is payable for the loss
of the use of the foot.
Schedule 1 (3) enables the Sporting Injuries Committee to postpone payment of a
benefit payable to a mentally incapacitated person pending a determination on the
administration of the estate of the person. In the meantime the money is to be paid into a
trust fund established by the Committee for the person. Payment need not be postponed
if an existing trust fund has been established for the person.