{"id":"nsw:sl-2017-0523","name":"Motor Accident Injuries (Indexation) Order 2017","slug":"motor-accident-injuries-indexation-order-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"523 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177383,"registerId":"nsw-nsw:sl-2017-0523-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Motor Accident Injuries (Indexation) Order 2017](/view/html/inforce/current/sl-2017-0523).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on the day on which sections 3.9 and 4.22 of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) commence.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Order—\n> > \n> > the Act means the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010).\n> > \n> > Note—\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Order.\n> \n> > (2) Notes included in this Order do not form part of this Order.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Section 3.9: Maximum weekly statutory benefits amount","content":"#### 4 Section 3.9: Maximum weekly statutory benefits amount\n\n4 Section 3.9: Maximum weekly statutory benefits amount\n\n> It is declared that, on and from the date specified in Column 1 of the Table to this clause, the maximum weekly statutory benefits amount for the purposes of Division 3.3 of the Act is the amount specified in Column 2 of that Table opposite that specified date.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Operative date | Maximum weekly statutory benefits amount |\n> | 1 October 2017 | $3,899 |\n> | 1 October 2018 | $4,039 |\n> | 1 October 2019 | $4,180 |\n> | 1 October 2020 | $4,364 |\n> | 1 October 2021 | $4,403 |\n> | 1 October 2022 | $4,476 |\n> \n> **cl 4:** Am 2018 (568), cl 3 (1); 2019 (474), cl 3 (1); 2020 (555), cl 3(1); 2021 (558), sec 3(1); 2022 (560), sec 3(1).","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Section 3.22: Indexation of weekly statutory benefits","content":"#### 4A Section 3.22: Indexation of weekly statutory benefits\n\n4A Section 3.22: Indexation of weekly statutory benefits\n\n> For the purposes of section 3.22 (3) of the Act, the number that equates to the factor ![](/image/((Type%3D%22subordleg%22)%20AND%20(No%3D0523)%20AND%20(Year%3D2017)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif) for the purposes of the variation of the amount of a weekly payment of statutory benefits required on the review date specified in Column 1 of the Table to this clause is the number specified opposite the review date in Column 2 of the Table.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Review date | Factor |\n> | 1 April 2018 | 1.019 |\n> | 1 October 2018 | 1.016 |\n> | 1 April 2019 | 1.011 |\n> | 1 October 2019 | 1.022 |\n> | 1 April 2020 | 1.015 |\n> | 1 October 2020 | 1.033 |\n> | 1 April 2021 | 1.005 |\n> | 1 October 2021 | 1.004 |\n> | 1 April 2022 | 0.999 |\n> | Note—Under the Act, section 3.22(5)(a), the variation for 1 April 2022 is deemed not to have taken effect. Accordingly, the amount of a weekly payment of statutory benefits will not be varied from 1 April 2022. However, under the Act, section 3.22(5)(b), this variation will be offset against the next variation that results in an increase in the amount of a weekly payment of statutory benefits. |\n> | 1 October 2022 | 1.017 |\n> \n> **cl 4A:** Ins 2018 (120), cl 3. Am 2018 (568), cl 3 (2); 2019 (145), cl 3; 2019 (474), cl 3 (2); 2020 (96), cl 3; 2020 (555), cl 3(2); 2021 (133), cl 3; 2021 (558), sec 3(2); 2022 (105), sec 3; 2022 (560), sec 3(2).","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Section 4.22: Indexation of maximum for non-economic loss damages","content":"#### 5 Section 4.22: Indexation of maximum for non-economic loss damages\n\n5 Section 4.22: Indexation of maximum for non-economic loss damages\n\n> It is declared that, on and from the date specified in Column 1 of the Table to this clause, the maximum amount of damages that may be awarded for non-economic loss as a result of an injury caused by a motor accident to which the Act applies is the amount specified in Column 2 of that Table opposite that specified date.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Operative date | Maximum amount of damages for non-economic loss |\n> | 1 October 2017 | $527,000 |\n> | 1 October 2018 | $546,000 |\n> | 1 October 2019 | $565,000 |\n> | 1 October 2020 | $590,000 |\n> | 1 October 2021 | $595,000 |\n> | 1 October 2022 | $605,000 |\n> \n> **cl 5:** Am 2018 (568), cl 3 (3); 2019 (474), cl 3 (3); 2020 (555), cl 3(3); 2021 (558), sec 3(3); 2022 (560), sec 3(3).","sortOrder":5}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Order does not change who the Act covers or the substantive rights under the Act; it only updates monetary caps and the numeric indexation factors and their effective dates. The 1 April 2022 variation is expressly deemed not to have taken effect and is carried forward to offset the next increase (cl 4A note), which affects timing and amounts payable but does not expand or narrow the scope of coverage."},"complexity_factors":["Numeric schedules across multiple operative and review dates (clauses 4, 4A, 5) require administrative application for each listed date.","Cross-references to the Motor Accident Injuries Act 2017 and its review rules (clause 3 definition and clauses 4/4A/5) mean implementation depends on interpreting the principal Act.","A special rule deferring the 1 April 2022 variation and offsetting it against the next increase (note in cl 4A) creates timing and accounting complexity for administrators.","Frequent amendments recorded in marginal notes indicate the Order is regularly updated, increasing maintenance and compliance tasks.","Low doctrinal complexity (fixed numbers, not discretionary), but operational complexity for payers/claim handlers to apply correct factors and timing."],"plain_english_summary":"This Order sets the dollar limits and indexation adjustments used under the Motor Accident Injuries Act 2017: it fixes maximum weekly statutory benefit amounts, prescribes review-date indexation factors for weekly payments, and updates the cap on non-economic loss damages with operative dates and figures.  It affects people claiming under the Act and the entities required by the Act to pay or adjust benefits, because it mechanically changes payout levels and the timing of increases (including an offset for a deferred 1 April 2022 variation)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Order performs exactly the function intended: setting specific monetary amounts and indexation factors for the parent Act. The amendments shown in the notes (2018, 2019, 2020, 2021, 2022) simply update the tables with new annual figures - this is the intended operation of the instrument, not scope creep."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","No conditional logic or nested exceptions","Structure is purely tabular - three simple tables setting out dates and corresponding dollar amounts or indexation factors","No cross-references beyond the parent Act (Motor Accident Injuries Act 2017)","Straightforward declaratory language ('It is declared that...')","Length is extremely short (5 operative clauses, most containing only tables)"],"plain_english_summary":"This Order sets out the dollar amounts for compensation caps and adjustment factors under New South Wales motor accident compensation law.\n\n**What it does:**\nThe Order specifies three key financial limits that apply to people injured in motor vehicle accidents in NSW:\n\n- **Maximum weekly benefits** (Clause 4): The highest amount an injured person can receive per week in statutory benefits (ongoing income support payments while they recover). This started at $3,899 per week in October 2017 and rises over time.\n\n- **Indexation factors** (Clause 4A): The mathematical multipliers used to adjust weekly benefit amounts twice yearly (in April and October) to keep pace with inflation and wage changes. These factors are applied automatically under the Act.\n\n- **Maximum damages for non-economic loss** (Clause 5): The cap on compensation for pain and suffering, loss of enjoyment of life, and other non-financial harms. This started at $527,000 in 2017 and increases annually.\n\n**Who it affects:**\n- People injured in NSW motor accidents claiming statutory benefits or common law damages\n- Insurers (mostly the NSW Government's insurer, icare, and its agent SIRA) who must apply these caps and factors when calculating payments\n- Legal practitioners advising injured clients on compensation entitlements\n\n**Why it matters:**\nThese numbers determine the financial ceiling on what injured people can receive. The Order is updated yearly through amending instruments (shown in the amendment notes at the bottom of each clause), ensuring the amounts reflect economic conditions without needing Parliament to pass new primary legislation each time."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the order appears to have remained consistent with its original intent: periodically adjusting monetary figures within the NSW motor accident injuries compensation scheme to account for inflation. The regular six-monthly versioning reflects routine indexation updates rather than any expansion or contraction of scope."},"complexity_factors":["The order itself is a technical administrative instrument rather than substantive law, making its direct content relatively straightforward","Complexity is introduced indirectly — users must understand the parent Motor Accident Injuries Act 2017 to appreciate which figures are being indexed","The six-monthly update cycle means the applicable figures change regularly, requiring users to check which version was current at the relevant time","The provided document contains almost no substantive legal text — only metadata and navigation elements — limiting the depth of analysis possible","Cross-referencing with the Interpretation Act 1987 (NSW) is required to verify the legal authority and certification of the version"],"plain_english_summary":"This NSW Order regularly updates the dollar caps, thresholds and limits used in the motor accident injuries compensation scheme, effectively indexing those amounts to preserve their real value. It affects people injured in motor vehicle accidents, CTP insurers, and professionals handling claims because the maximum claim amounts and claim-type thresholds change. The order is refreshed every 1 April and 1 October; the current version has been in force since 1 October 2022."}},"importantCases":[],"_links":{"self":"/api/acts/motor-accident-injuries-indexation-order-2017","history":"/api/acts/motor-accident-injuries-indexation-order-2017/history","analysis":"/api/acts/motor-accident-injuries-indexation-order-2017/analysis","conflicts":"/api/acts/motor-accident-injuries-indexation-order-2017/conflicts","importantCases":"/api/acts/motor-accident-injuries-indexation-order-2017/important-cases","documents":"/api/acts/motor-accident-injuries-indexation-order-2017/documents"}}