{"id":"nsw:sl-2009-0489","name":"Motor Accidents Compensation (Determination of Loss) Order 2009","slug":"motor-accidents-compensation-determination-of-loss-order-2009","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"489 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178348,"registerId":"nsw-nsw:sl-2009-0489-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 Accidents Compensation (Determination of Loss) Order 2009](/view/html/inforce/current/sl-2009-0489).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 1 October 2009 and is required to be published in the Gazette.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Section 125: Damages for past or future economic loss—maximum for loss of earning etc","content":"#### 3 Section 125: Damages for past or future economic loss—maximum for loss of earning etc\n\n3 Section 125: Damages for past or future economic loss—maximum for loss of earning etc\n\n> 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](/view/html/inforce/current/act-1999-041), 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.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Operative date | Amount of maximum loss of earning etc (net weekly earnings) |\n> | 1 October 2000 | $2,603 |\n> | 1 October 2001 | $2,712 |\n> | 1 October 2002 | $2,834 |\n> | 1 October 2003 | $3,021 |\n> | 1 October 2004 | $3,127 |\n> | 1 October 2005 | $3,296 |\n> | 1 October 2006 | $3,362 |\n> | 1 October 2007 | $3,500 |\n> | 1 October 2008 | $3,584 |\n> | 1 October 2009 | $3,749 |\n> | 1 October 2010 | $3,966 |\n> | 1 October 2011 | $4,129 |\n> | 1 October 2012 | $4,236 |\n> | 1 October 2013 | $4,376 |\n> | 1 October 2014 | $4,512 |\n> | 1 October 2015 | $4,688 |\n> | 1 October 2016 | $4,777 |\n> | 1 October 2017 | $4,834 |\n> | 1 October 2018 | $5,008 |\n> | 1 October 2019 | $5,184 |\n> | 1 October 2020 | $5,412 |\n> | 1 October 2021 | $5,461 |\n> \n> **cl 3:** Am 2010 (564), cl 3 (1); 2011 (517), cl 3 (1); 2012 (477), cl 3 (1); 2013 (570), cl 3 (1); 2014 (638), cl 3 (1); 2015 (586), cl 3 (1); 2016 (598), cl 3 (1); 2017 (524), cl 3 (1); 2018 (566), cl 3 (1); 2019 (476), cl 3 (1); 2020 (557), cl 3(1); 2021 (560), sec 3(1).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Section 134: Maximum amount of damages for non-economic loss","content":"#### 4 Section 134: Maximum amount of damages for non-economic loss\n\n4 Section 134: Maximum amount of damages for non-economic loss\n\n> 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.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Operative date | Maximum amount of damages for non-economic loss |\n> | 1 October 2000 | $271,000 |\n> | 1 October 2001 | $296,000 |\n> | 1 October 2002 | $309,000 |\n> | 1 October 2003 | $329,000 |\n> | 1 October 2004 | $341,000 |\n> | 1 October 2005 | $359,000 |\n> | 1 October 2006 | $366,000 |\n> | 1 October 2007 | $381,000 |\n> | 1 October 2008 | $390,000 |\n> | 1 October 2009 | $408,000 |\n> | 1 October 2010 | $432,000 |\n> | 1 October 2011 | $450,000 |\n> | 1 October 2012 | $462,000 |\n> | 1 October 2013 | $477,000 |\n> | 1 October 2014 | $492,000 |\n> | 1 October 2015 | $511,000 |\n> | 1 October 2016 | $521,000 |\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> \n> **cl 4:** Am 2010 (564), cl 3 (2); 2011 (517), cl 3 (2); 2012 (477), cl 3 (2); 2013 (570), cl 3 (2); 2014 (638), cl 3 (2); 2015 (586), cl 3 (2); 2016 (598), cl 3 (2); 2017 (524), cl 3 (2); 2018 (566), cl 3 (2); 2019 (476), cl 3 (2); 2020 (557), cl 3(2); 2021 (560), sec 3(2).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal","content":"#### 5 Repeal\n\n5 Repeal\n\n> Every Order made under section 146 of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) before the commencement of this Order is repealed.","sortOrder":4}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Order appears to have remained focused on its original purpose — providing a methodology and figures for calculating economic loss in motor accident compensation claims. The consistent annual update pattern (rather than substantive structural amendments) suggests the core scope has not changed, only the financial figures within it have been periodically adjusted."},"complexity_factors":["Operates within a multi-layered legal framework — it is subordinate legislation made under the Motor Accidents Compensation Act 1999 (NSW), so you must understand both documents together","Annual updates (13 versions since 2009) mean the applicable figures depend on when the accident occurred, creating a version-tracking challenge for claimants and lawyers","Intersection of actuarial/financial concepts (loss calculation, indexation) with legal compensation principles","Affects a specialised area of law (CTP insurance) with its own technical terminology and claims processes","Only metadata is visible in the provided text — the actual substantive complexity of the operative provisions cannot be fully assessed from this extract alone","Historical versions remain legally relevant for claims arising in earlier periods, requiring practitioners to identify the correct version for each claim"],"plain_english_summary":"This NSW subordinate law prescribes how compensation under the CTP (Compulsory Third Party) scheme is calculated after motor vehicle accidents. It governs assessments of lost earnings, out‑of‑pocket costs and other economic losses, affecting injured people, insurers, legal practitioners and medical/claims assessors. The Order is updated annually (indexing key figures); the version from 1 October 2021 is current."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: setting indexed monetary caps for motor accident compensation. While the dollar amounts have increased through annual amendments (2010–2021), the scope remains limited to the two specific caps established in 2009. There has been no expansion into new areas of compensation or additional categories of damages."},"complexity_factors":["Only 5 clauses total, with 2 substantive operative provisions","No defined terms section — relies entirely on definitions in the parent Act (Motor Accidents Compensation Act 1999)","Simple tabular structure with only 2 columns and straightforward date-to-amount mapping","No conditional logic, exceptions, or cross-references beyond the parent Act sections 125 and 134","Repeal clause (clause 5) is a standard administrative clean-up provision with no substantive complexity"],"plain_english_summary":"This Order sets dollar limits on compensation payouts for people injured or killed in motor vehicle accidents in New South Wales.\n\n**What it does:**\nThe Order operates under the Motor Accidents Compensation Act 1999 and specifies two types of caps (maximum amounts) that courts must apply when awarding damages (compensation money):\n\n- **Economic loss cap (Clause 3):** When calculating lost wages for injured or deceased people, courts must ignore any income above a set weekly amount. For example, if someone earning $6,000 per week is injured, the court only calculates lost earnings up to the cap (ranging from $2,603 in 2000 to $5,461 in 2021). Any income above that threshold is disregarded.\n\n- **Non-economic loss cap (Clause 4):** This sets a maximum payout for \"non-economic loss\" — compensation for pain and suffering, loss of enjoyment of life, and other impacts that don't have a direct dollar value. This cap increased from $271,000 in 2000 to $595,000 in 2021.\n\n**Who it affects:**\n- People making compensation claims after motor vehicle accidents in NSW\n- Insurers handling these claims\n- Courts determining how much compensation to award\n\n**Why it matters:**\nThis Order directly limits how much accident victims can receive. High-income earners cannot claim their full lost wages, and everyone faces a ceiling on pain and suffering payments. The tables are updated annually (as shown by the amendment history) to account for inflation and wage growth."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Order replaces earlier Orders made under section 146 (clause 5) and fixes updated caps for economic and non‑economic loss by operative date (clauses 3 and 4). In practical terms it supersedes prior Tables and consolidates the applicable monetary limits through the listed operative dates."},"complexity_factors":["Numeric tables of indexed amounts across many operative dates (clause 3 and clause 4) — requires selecting the correct table row by date.","Cross-references to substantive provisions of the Motor Accidents Compensation Act 1999 (sections 125 and 134) to determine legal effect.","Formal commencement and repeal mechanics: starts 1 October 2009 and expressly repeals prior Orders under section 146 (clause 2 and clause 5).","Practical application burden on courts and insurers to apply the correct cap for each award year, including historical awards.","Frequent amendment history noted in marginal notes (multiple amending Orders) — implies need to track consolidated figures."],"plain_english_summary":"This Order sets fixed monetary caps, by operative date, on (a) net weekly earnings used to assess past or future economic loss under section 125 of the Motor Accidents Compensation Act 1999; and (b) the maximum amount payable for non‑economic loss under section 134. It commences 1 October 2009 and repeals earlier Orders made under section 146. Courts must disregard any amount above the listed caps when awarding damages, so injured persons, defendants and insurers must apply the table entry for the relevant operative date."}},"importantCases":[],"_links":{"self":"/api/acts/motor-accidents-compensation-determination-of-loss-order-2009","history":"/api/acts/motor-accidents-compensation-determination-of-loss-order-2009/history","analysis":"/api/acts/motor-accidents-compensation-determination-of-loss-order-2009/analysis","conflicts":"/api/acts/motor-accidents-compensation-determination-of-loss-order-2009/conflicts","importantCases":"/api/acts/motor-accidents-compensation-determination-of-loss-order-2009/important-cases","documents":"/api/acts/motor-accidents-compensation-determination-of-loss-order-2009/documents"}}