{"id":"nsw:sl-2009-0488","name":"Motor Accidents (Determination of Non-Economic Loss) Order 2009","slug":"motor-accidents-determination-of-non-economic-loss-order-2009","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"488 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178322,"registerId":"nsw-nsw:sl-2009-0488-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 (Determination of Non-Economic Loss) Order 2009](/view/html/inforce/current/sl-2009-0488).","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 79: Determination of non-economic loss—accidents occurring before midnight on 26.9.95","content":"#### 3 Section 79: Determination of non-economic loss—accidents occurring before midnight on 26.9.95\n\n3 Section 79: Determination of non-economic loss—accidents occurring before midnight on 26.9.95\n\n> > (1) Section 79 (3) It is declared that, on and from the date specified in Column 1 of the Table to this subclause, the maximum amount that may be awarded for the non-economic loss of an injured person as a consequence of a motor accident that occurred before midnight on 26 September 1995 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 1990 | $192,000 |\n> > | 1 October 1991 | $198,000 |\n> > | 1 October 1992 | $211,000 |\n> > | 1 October 1993 | $212,000 |\n> > | 1 October 1994 | $222,000 |\n> > | 1 October 1995 | $235,000 |\n> > | 1 October 1996 | $247,000 |\n> > | 1 October 1997 | $250,000 |\n> > | 1 October 1998 | $259,000 |\n> > | 1 October 1999 | $273,000 |\n> > | 1 October 2000 | $284,000 |\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> > | 1 October 2022 | $605,000 |\n> \n> > (2) Section 79 (4) It is declared that, on and from the date specified in Column 1 of the Table to this subclause, no damages for economic loss shall be awarded to an injured person as a consequence of a motor accident that occurred before midnight on 26 September 1995 if the amount of non-economic loss is assessed to be less than 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 | Minimum amount of non-economic loss (threshold for assessment of economic loss) |\n> > | 1 October 1990 | $16,050 |\n> > | 1 October 1991 | $16,500 |\n> > | 1 October 1992 | $17,500 |\n> > | 1 October 1993 | $17,500 |\n> > | 1 October 1994 | $18,500 |\n> > | 1 October 1995 | $19,500 |\n> > | 1 October 1996 | $20,500 |\n> > | 1 October 1997 | $20,500 |\n> > | 1 October 1998 | $21,000 |\n> > | 1 October 1999 | $22,000 |\n> > | 1 October 2000 | $23,000 |\n> > | 1 October 2001 | $24,000 |\n> > | 1 October 2002 | $25,000 |\n> > | 1 October 2003 | $26,500 |\n> > | 1 October 2004 | $27,500 |\n> > | 1 October 2005 | $29,000 |\n> > | 1 October 2006 | $29,500 |\n> > | 1 October 2007 | $30,500 |\n> > | 1 October 2008 | $31,000 |\n> > | 1 October 2009 | $32,500 |\n> > | 1 October 2010 | $34,500 |\n> > | 1 October 2011 | $36,000 |\n> > | 1 October 2012 | $37,000 |\n> > | 1 October 2013 | $38,000 |\n> > | 1 October 2014 | $39,000 |\n> > | 1 October 2015 | $40,500 |\n> > | 1 October 2016 | $41,500 |\n> > | 1 October 2017 | $42,000 |\n> > | 1 October 2018 | $43,500 |\n> > | 1 October 2019 | $45,000 |\n> > | 1 October 2020 | $47,000 |\n> > | 1 October 2021 | $47,500 |\n> > | 1 October 2022 | $48,500 |\n> \n> > (3) Section 79 (5) It is declared that, on and from the date specified in Column 1 of the Table to this subclause, if the amount of damages that may be awarded for non-economic loss in accordance with section 79 of the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102) is more than the amount specified in Column 2 of that Table opposite that specified date but less than the amount specified in Column 3 of that Table opposite that specified date, the following deductions are to be made from that amount—\n> > \n> > > (a) if the amount of damages is less than the amount specified in Column 4—the amount to be deducted is the amount specified in Column 2,\n> > \n> > > (b) if the amount of damages is not less than the amount specified in Column 4—the amount to be deducted is the amount specified in Column 2 or that amount reduced by $1,000 for every $1,000 by which the amount of damages exceeds the amount specified in Column 4.\n> > \n> > Table\n> > \n> > | Column 1 | Column 2 | Column 3 | Column 4 |\n> > | Operative date | Lower deduction amount | Upper deduction amount | Deduction withdrawal threshold amount |\n> > | 1 October 1990 | $16,050 | $58,850 | $42,800 |\n> > | 1 October 1991 | $16,500 | $60,500 | $44,000 |\n> > | 1 October 1992 | $17,500 | $64,500 | $47,000 |\n> > | 1 October 1993 | $17,500 | $65,000 | $47,000 |\n> > | 1 October 1994 | $18,500 | $68,000 | $49,000 |\n> > | 1 October 1995 | $19,500 | $72,000 | $52,000 |\n> > | 1 October 1996 | $20,500 | $75,500 | $54,500 |\n> > | 1 October 1997 | $20,500 | $76,500 | $55,000 |\n> > | 1 October 1998 | $21,000 | $79,000 | $57,000 |\n> > | 1 October 1999 | $22,000 | $83,500 | $60,000 |\n> > | 1 October 2000 | $23,000 | $87,000 | $62,500 |\n> > | 1 October 2001 | $24,000 | $90,500 | $65,000 |\n> > | 1 October 2002 | $25,000 | $94,500 | $68,000 |\n> > | 1 October 2003 | $26,500 | $100,500 | $72,500 |\n> > | 1 October 2004 | $27,500 | $104,000 | $75,000 |\n> > | 1 October 2005 | $29,000 | $109,500 | $79,000 |\n> > | 1 October 2006 | $29,500 | $111,500 | $80,500 |\n> > | 1 October 2007 | $30,500 | $116,000 | $84,000 |\n> > | 1 October 2008 | $31,000 | $119,000 | $86,000 |\n> > | 1 October 2009 | $32,500 | $124,500 | $90,000 |\n> > | 1 October 2010 | $34,500 | $131,500 | $95,000 |\n> > | 1 October 2011 | $36,000 | $137,000 | $99,000 |\n> > | 1 October 2012 | $37,000 | $140,500 | $101,500 |\n> > | 1 October 2013 | $38,000 | $145,000 | $105,000 |\n> > | 1 October 2014 | $39,000 | $149,500 | $108,500 |\n> > | 1 October 2015 | $40,500 | $155,500 | $112,500 |\n> > | 1 October 2016 | $41,500 | $158,500 | $114,500 |\n> > | 1 October 2017 | $42,000 | $160,500 | $116,000 |\n> > | 1 October 2018 | $43,500 | $166,500 | $120,000 |\n> > | 1 October 2019 | $45,000 | $172,500 | $124,000 |\n> > | 1 October 2020 | $47,000 | $180,000 | $129,500 |\n> > | 1 October 2021 | $47,500 | $181,500 | $130,500 |\n> > | 1 October 2022 | $48,500 | $184,500 | $132,500 |\n> \n> **cl 3:** Am 2009 No 106, Sch 2.22; 2010 (565), Sch 1 \\[1\\]–\\[3\\]; 2011 (518), Sch 1 \\[1\\]–\\[3\\]; 2012 (476), Sch 1 \\[1\\]–\\[3\\]; 2013 (571), Sch 1 \\[1\\]–\\[3\\]; 2014 (639), Sch 1 \\[1\\]–\\[3\\]; 2015 (587), Sch 1 \\[1\\]–\\[3\\]; 2016 (599), cl 3 (1)–(3); 2017 (525), cl 3 (1)–(3); 2018 (567), cl 3 (1)–(3); 2019 (475), cl 3 (1)–(3); 2020 (556), cl 3(1)–(3); 2021 (559), sec 3(1)–(3); 2022 (561), sec 3(1)–(3).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Section 79A: Determination of non-economic loss—accidents occurring after midnight on 26.9.95","content":"#### 4 Section 79A: Determination of non-economic loss—accidents occurring after midnight on 26.9.95\n\n4 Section 79A: Determination of non-economic loss—accidents occurring after midnight on 26.9.95\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 the non-economic loss of an injured person as a consequence of a motor accident that occurred after midnight on 26 September 1995 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 1996 | $247,000 |\n> | 1 October 1997 | $250,000 |\n> | 1 October 1998 | $259,000 |\n> | 1 October 1999 | $273,000 |\n> | 1 October 2000 | $284,000 |\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> | 1 October 2022 | $605,000 |\n> \n> **cl 4:** Am 2010 (565), Sch 1 \\[4\\]; 2011 (518), Sch 1 \\[4\\]; 2012 (476), Sch 1 \\[4\\]; 2013 (571), Sch 1 \\[4\\]; 2014 (639), Sch 1 \\[4\\]; 2015 (587), Sch 1 \\[4\\]; 2016 (599), cl 3 (4); 2017 (525), cl 3 (4); 2018 (567), cl 3 (4); 2019 (475), cl 3 (4); 2020 (556), cl 3(4); 2021 (559), sec 3(4); 2022 (561), sec 3(4).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal","content":"#### 5 Repeal\n\n5 Repeal\n\n> Every Order made under section 80 of the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102) before the commencement of this Order is repealed.","sortOrder":4}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Order updates monetary amounts, thresholds and a deduction formula for assessing non-economic loss and repeals earlier orders (clauses 3–5). It does not alter which persons or types of loss are covered under the Motor Accidents Act 1988; it only modifies the financial parameters and their operative dates that decision-makers and insurers must apply."},"complexity_factors":["Multiple dated schedules with annually changing monetary amounts (many operative dates and figures) requiring selection of the correct row by accident date and award date","Two parallel regimes for accidents before and after 26 Sept 1995, which practitioners must distinguish","A piecewise deduction formula (clause 3(3)) that reduces awards in bands and requires arithmetic adjustments tied to thresholds","Interplay between minimum threshold for permitting economic-loss awards (clause 3(2)) and non-economic caps, affecting whether further heads of loss can be claimed","Cross-reference to the Motor Accidents Act 1988 for substantive entitlement and the repeal of earlier orders (clause 5), creating administrative updating obligations","Compliance burden on courts and insurers to apply the correct operative date, deduction band and threshold consistently for each case"],"plain_english_summary":"This Order sets fixed dollar caps, thresholds and a sliding deduction formula for non-economic loss (pain and suffering) awards arising from motor accidents, with separate schedules for accidents before and after midnight on 26 September 1995. It tells courts and insurers the maximum payable amounts by operative date, when economic-loss claims are excluded unless the non-economic award passes a threshold, and repeals earlier orders. It affects injured people (claimants), insurers (payers) and decision-makers who must apply the declared amounts in award calculations."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Order maintains its original purpose of setting indexed compensation limits. While the dollar amounts have grown significantly through annual updates (from $192,000 maximum in 1990 to $605,000 in 2022), this represents the intended indexing mechanism rather than scope creep. The structure remains focused on the single task of declaring statutory caps and thresholds."},"complexity_factors":["Multiple overlapping tables with 33 rows each spanning 1990-2022","Different rules for pre- and post-September 1995 accidents creating a legislative 'cliff'","Three distinct mechanisms in clause 3: maximum caps, minimum thresholds, and graduated deductions","Four-column deduction table requiring cross-referencing between lower amount, upper amount, and withdrawal threshold","Nested conditional logic in clause 3(3)(b) with $1,000 reduction calculations","Extensive amendment history (13 separate amending instruments from 2009-2022) showing high maintenance burden"],"plain_english_summary":"This Order sets the dollar limits for **non-economic loss** (pain and suffering) compensation for people injured in motor vehicle accidents in New South Wales.\n\n**What it does:**\n- **Caps the maximum** amount that courts can award for pain and suffering, with different caps depending on when the accident happened:\n  - **Before 26 September 1995:** Clause 3 applies (more complex rules)\n  - **After 26 September 1995:** Clause 4 applies (simpler cap only)\n- **Sets a threshold** for older accidents (pre-1995): if your pain and suffering is assessed below a certain dollar amount, you **cannot** claim for economic loss (lost wages) at all\n- **Creates a deduction scale** for older accidents: if your pain and suffering award falls in a middle range, a portion gets deducted according to a sliding scale\n\n**Who it affects:**\n- Anyone making a motor accident injury claim in NSW\n- Insurers and lawyers negotiating settlements\n- Courts determining how much to award injured people\n\n**Why it matters:**\nThis Order stops compensation for pain and suffering from growing unchecked by indexing the caps annually. For older accidents, it also acts as a gatekeeper—if your injuries aren't serious enough to exceed the threshold, you can't claim for lost income. The amounts are updated yearly (the tables run from 1990 through 2022 in this version), reflecting inflation and policy changes."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The order appears to have remained consistent with its original intent since 2009 — to set and periodically update the maximum compensation amount for non-economic loss in NSW motor accident claims. The annual updates from 2009 to 2022 reflect routine indexation adjustments rather than any expansion or contraction of the order's fundamental purpose or scope."},"complexity_factors":["The order itself appears to be brief and administrative in nature — primarily setting or updating a single dollar figure","It operates as subsidiary legislation (an 'order' made under a parent Act), so its full effect can only be understood by reading the parent Motor Accidents Compensation Act","Annual updates create multiple historical versions, which can cause confusion about which cap applies to a specific claim based on the accident date","The concept of 'non-economic loss' and how it is assessed (e.g., percentage of a 'most extreme case' threshold) adds a layer of complexity not visible in this document alone","Limited substantive content is visible in the provided text — the actual dollar figure and operative provisions are not shown, reducing the ability to assess full complexity"],"plain_english_summary":"This NSW order fixes the maximum dollar amount payable for “non‑economic loss” (pain and suffering, loss of enjoyment of life, etc.) from motor vehicle accidents. It affects injured claimants, CTP insurers, and practitioners handling claims. The cap is reviewed and updated annually on 1 October, so the legally available payout for non‑financial harms changes each year."}},"importantCases":[],"_links":{"self":"/api/acts/motor-accidents-determination-of-non-economic-loss-order-2009","history":"/api/acts/motor-accidents-determination-of-non-economic-loss-order-2009/history","analysis":"/api/acts/motor-accidents-determination-of-non-economic-loss-order-2009/analysis","conflicts":"/api/acts/motor-accidents-determination-of-non-economic-loss-order-2009/conflicts","importantCases":"/api/acts/motor-accidents-determination-of-non-economic-loss-order-2009/important-cases","documents":"/api/acts/motor-accidents-determination-of-non-economic-loss-order-2009/documents"}}