{"id":"sl-2006-10","name":"Racing (Jockeys Accident Insurance) Regulation 2006","slug":"racing-jockeys-accident-insurance-regulation-2006","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"10 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173601,"registerId":"act-sl-2006-10-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Racing (Jockeys Accident Insurance) Regulation 2006","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRacing (Jockeys Accident Insurance)\nRegulation 2006\nSL2006-10\nmade under the\nRacing Act 1999\nRepublication No 2\nEffective: 14 November 2019\nRepublication date: 14 November 2019\nLast amendment made by A2019-42\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Racing (Jockeys Accident Insurance) Regulation 2006, made under\nthe Racing Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3\n(Editorial changes)) as in force on 14 November 2019. It also includes any commencement,\namendment, repeal or expiry affecting this republished law to 14 November 2019.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR2\n14/11/19\nRacing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRacing (Jockeys Accident Insurance)\nRegulation 2006\nmade under the\nRacing Act 1999\nContents\nPage\n1 Name of regulation 2\n3 Dictionary 2\n4 Notes 2\n5 Application of NSW Acts in relation to jockeys accident insurance—\nAct, s 61B (4) 2\n6 Application of Civil Law (Wrongs) Act in relation to common law\nclaims—Act, s 61B (4) and (5) 4\n7 Jurisdiction of courts—Act, s 61B (4) and (5) 4\n\nContents\nPage\ncontents 2 Racing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\nR2\n14/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n3 Legislation history 7\n4 Amendment history 7\n5 Earlier republications 8\n\nR2\n14/11/19\nRacing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nRacing (Jockeys Accident Insurance)\nRegulation 2006\nmade under the\nRacing Act 1999\n\nSection 1\npage 2 Racing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\nR2\n14/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Racing (Jockeys Accident Insurance)\nRegulation 2006.\n3 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation, and includes references (signpost definitions) to other\nterms defined elsewhere.\nFor example, the signpost definition ‘1987 NSW Acts—see the Act,\nsection 61A.’ means that the term ‘1987 NSW Acts’ is defined in that\nsection and the definition applies to this regulation.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire regulation unless the definition, or another provision of the\nregulation, provides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Application of NSW Acts in relation to jockeys accident\ninsurance—Act, s 61B (4)\n(1) For the Act, part 5A (Jockeys accident insurance), the following\nprovisions of the 1987 NSW Act do not apply in the ACT:\n(a) section 9A (No compensation payable unless employment\nsubstantial contributing factor to injury);\n(b) part 3 (Compensation—benefits), division 9 (Commutation of\ncompensation);\n(c) part 4 (Uninsured liabilities), division 6 (Uninsured liabilities);\n\nSection 5\nR2\n14/11/19\nRacing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) part 5 (Common law remedies), division 4 (Retrospective\nrestoration of modified common law);\n(e) part 7 (Insurance), other than section 159 (Provisions of policies\nof insurance) and section 160 (Recovery of excess from\nemployer);\n(2) For the Act, part 5A (Jockeys accident insurance), the following\nprovisions of the 1998 NSW Act do not apply in the ACT:\n(a) chapter 2 (Administration), the following provisions:\n(i) part 2 (General workers compensation functions);\n(ii) part 6 (Financial provisions);\n(b) chapter 4 (Workers compensation), part 2 (Compensation—\nclaims and proceedings), the following provisions:\n(i) division 1 (Notice of injury etc and claims for\ncompensation);\n(ii) division 2 (Administration by insurers of claims for\ncompensation or damages);\n(iii) division 3 (Notification of decisions of insurers);\n(iv) division 4 (Special provisions with respect to weekly\npayments of compensation);\n(v) division 5 (Restrictions on commencing court\nproceedings);\n(vi) division 6 (Proceedings before Commission or the\nCompensation Court);\n(vii) division 7 (Medical examinations and disputes);\n(c) chapter 6 (Miscellaneous), section 234 (No contracting out);\n\nSection 6\npage 4 Racing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\nR2\n14/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) chapter 7 (New claims procedures), the following provisions:\n(i) part 3 (Dealing with claims), division 5 (Enforcement of\nclaims obligations);\n(ii) part 4 (Compensation dispute determination);\n(iii) part 5 (Expedited assessment);\n(iv) part 6 (Court proceedings for work injury damages);\n(v) part 7 (Medical assessment), other than section 322\n(Assessment of impairment) and section 323 (Deduction\nfor previous injury or pre-existing condition or\nabnormality);\n(vi) part 8 (Costs);\n(vii) part 9 (Proceedings before Commission);\n(viii) part 10 (Administration).\n6 Application of Civil Law (Wrongs) Act in relation to\ncommon law claims—Act, s 61B (4) and (5)\nFor the operation of the applied NSW Acts in the ACT, the Civil Law\n(Wrongs) Act 2002, chapter 5 (Personal injuries claims—pre-court\nprocedures) applies to a claim for common law damages in relation\nto an injury suffered by someone as an ACT jockey.\n7 Jurisdiction of courts—Act, s 61B (4) and (5)\n(1) The Supreme Court has jurisdiction in relation to a proceeding under\nthe applied NSW Acts for compensation in relation to an injury\nsuffered by someone as an ACT jockey.\n(2) The Magistrates Court has jurisdiction in relation to a proceeding\nunder the applied NSW Acts for compensation in relation to an injury\nsuffered by someone as an ACT jockey as if the proceeding were a\npersonal action at law under the Magistrates Court Act 1930,\nsection 257 (Personal actions at law—amount or value).\n\nDictionary\nR2\n14/11/19\nRacing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Magistrates Court\n• Supreme Court.\n1987 NSW Act—see the Act, section 61A.\n1998 NSW Act—see the Act, section 61A.\nACT jockey—see the Act, section 61A.\napplied NSW Acts—see the Act, section 61A.\ninjury—see the Act, section 61A.\n\nEndnotes\n1 About the endnotes\npage 6 Racing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\nR2\n14/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR2\n14/11/19\nRacing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nRacing (Jockeys Accident Insurance) Regulation 2006 SL2006-10\nnotified LR 30 March 2006\ns 1, s 2 commenced 30 March 2006 (LA s 75 (1))\nremainder commenced 31 March 2006 (s 2)\nas amended by\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.21\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.21 commenced 14 November 2019 (s 2 (1))\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nApplication of NSW Acts in relation to jockeys accident insurance—Act,\ns 61B (4)\ns 5 am A2019-42 amdts 3.99-3.101\n\nEndnotes\n5 Earlier republications\npage 8 Racing (Jockeys Accident Insurance) Regulation 2006\nEffective: 14/11/19\nR2\n14/11/19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n31 Mar 2006\n31 Mar 2006–\n13 Nov 2019\nnot amended new regulation\n© Australian Capital Territory 2019","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The 2019 amendment updated the list of specific NSW provisions that do not apply in the ACT (see amendment to s 5). Those updates are technical and alter which external provisions are excluded or retained, but they do not broaden the regulation's core purpose. The instrument still performs the same function it was created for: to apply NSW jockeys' accident/compensation law to ACT jockeys while carving out particular NSW administrative, financial and procedural provisions so ACT law and courts govern those matters (see s 5–7)."},"complexity_factors":["Short instrument (7 operative sections plus a dictionary) but heavy reliance on cross‑references to multiple external Acts (1987 NSW Act, 1998 NSW Act, Civil Law (Wrongs) Act 2002 and the Racing Act 1999).","Section 5 lists exclusions across two different applied NSW Acts: s5(1) names 5 excluded provisions/parts; s5(2) excludes multiple chapters/parts/divisions (2 + 7 + 1 + 8 = 18 subitems) — total ~23 discrete exclusions to track.","Signpost definitions and reliance on the enabling Act for key definitions mean readers must consult the Racing Act 1999 and the cited NSW Acts for full meaning (dictionary cross‑references in s 3 and the Dictionary).","Conditional logic and exceptions inside exclusions (for example, some parts of a NSW chapter are excluded but specified sections within another part are preserved) increases interpretive work (see s 5(2)(d)(v) which preserves sections 322 and 323).","Procedural layering: the regulation imports substantive NSW provisions but overlays ACT pre‑court procedure (s 6) and ACT court jurisdiction rules (s 7), requiring reconciliation between different procedural frameworks.","Amendment history: the regulation has been amended (notably 2019 updates to s 5), so practitioners must check amendment history to know which exclusions are current."],"plain_english_summary":"**What this regulation does (short):**\n\n- It makes particular parts of New South Wales workers‑compensation and jockeys' accident insurance laws apply to jockeys in the Australian Capital Territory (ACT), but it also says which parts of those NSW Acts do NOT apply in the ACT (see section 5).  It also requires ACT pre‑court personal injury procedures to be used for common‑law claims by ACT jockeys (see section 6) and confirms which ACT courts hear those claims (see section 7).\n\n**Who this affects:**\n\n- ACT jockeys who suffer injury while riding (they get statutory accident/compensation rules and have defined pre‑court steps if they sue in common law) (s 5–7).\n- Employers, race clubs and insurers who carry jockey accident insurance in the ACT (their contractual and insurance obligations are shaped by the parts of the NSW Acts that are applied here and by the exclusions in s 5).\n- Lawyers and courts dealing with jockey injury claims (the regulation determines which procedural rules apply and which court has jurisdiction) (s 6–7).\n\n**How it works, mechanically:**\n\n- The Racing Act 1999 allows the ACT to apply specified NSW legislation to ACT jockeys. This regulation uses that power to import most of the NSW jockeys' accident/compensation law but lists precise exclusions — provisions that will not operate in the ACT (s 5).  The exclusions are by chapter/division or by named sections of the NSW Acts.\n- For common‑law claims (that is, lawsuits for damages rather than statutory compensation), the regulation requires the ACT Civil Law (Wrongs) Act 2002 pre‑court procedures to apply (s 6).  That means claimants must follow ACT pre‑court steps before starting court proceedings.\n- The regulation gives the ACT Supreme Court jurisdiction to hear these applied NSW‑Act matters and treats proceedings in the Magistrates Court as personal actions at law for the Magistrates Court Act monetary‑limit rules (s 7).\n- The regulation contains a short dictionary and cross‑references to definitions and to the enabling Act (s 3 and the Dictionary).\n\n**Why the regulation exists (official claim) and what that implies in practice:**\n\n- The stated purpose is to make NSW jockey accident/compensation regimes operate for ACT jockeys while tailoring the coverage to ACT legal and administrative arrangements (s 5–7).  Mechanically, that produces a hybrid legal regime: many NSW statutory rules apply, but key NSW administrative and court procedure provisions are excluded and ACT pre‑court procedures and court structures are used instead (see s 5–7).\n\n**Costs, incentives and practical trade‑offs (implementation and effects):**\n\n- Who pays: insurers and employers remain the parties legally responsible under the applied provisions that do operate in the ACT. The regulation does not itself create new funding sources; it simply imports parts of NSW law and excludes parts — the particular applied/unapplied provisions determine precise insurer and employer obligations (s 5).\n- Who decides: court jurisdiction and procedural steps are exercised by ACT courts under ACT rules for common‑law matters (s 6–7). Administrative decisions that would have been handled under excluded NSW administrative/financial provisions are instead left to ACT mechanisms (or to the provisions of the enabling Racing Act), so ACT authorities retain control over administration and finances where NSW provisions are excluded (s 5(2)).\n- Behavioural effects and compliance burden: injured jockeys and their advisers must follow ACT pre‑court steps before suing (s 6). Insurers and employers must track which NSW provisions apply and which do not — that creates some compliance complexity and potential legal uncertainty at the boundaries of the applied vs excluded provisions (s 5).  The exclusion of many NSW administrative and claims‑management divisions suggests the ACT intends to keep local administration and decision‑making rather than adopt NSW administrative machinery in full (s 5(2)).\n- Trade‑offs and implementation risk: the hybrid approach reduces wholesale transfer of NSW administrative processes into the ACT, preserving local court and pre‑litigation systems, but it increases cross‑referencing complexity — parties and courts must read both the applied NSW provisions and the exclusions together with ACT law to understand rights and procedures (s 5–7).  That creates potential for disputes about whether a particular NSW provision is intended to apply in a given factual context.\n\n**Concrete mechanisms to watch (sections):**\n\n- Exclusions list: section 5 identifies the specific NSW provisions that do not apply in the ACT; these exclusions materially shape insurer/employer duties and claim procedures (s 5).\n- Pre‑court procedures: section 6 makes ACT pre‑court rules from the Civil Law (Wrongs) Act 2002 apply to common‑law claims by ACT jockeys (s 6).\n- Court jurisdiction: section 7 allocates disputes to the ACT Supreme Court or to the Magistrates Court subject to the Magistrates Court Act treatment of personal actions (s 7).\n\n**Bottom line:**\n\nThis regulation imports NSW jockeys' accident insurance law into the ACT but carefully carves out many NSW administrative, financial and claims‑management provisions so that ACT court procedures and pre‑court processes govern how jockey injury claims run in the Territory. The measure shifts legal effect rather than creating new benefits or taxes: it determines which external statutory rules apply and which local procedural rules control adjudication and pre‑litigation steps (see s 5–7)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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 regulation remains tightly focused on its original purpose: establishing a jockeys accident insurance scheme for the ACT by applying modified NSW workers compensation laws. The 2019 amendments appear to be technical updates to which specific NSW provisions are excluded, not an expansion into new policy areas."},"complexity_factors":["Extensive cross-referencing to external NSW legislation (1987 and 1998 Workers Compensation Acts) without reproducing that text","Negative drafting style—primarily lists what does NOT apply rather than what does apply (sections 5 and 6 contain long lists of excluded provisions)","Nested signpost definitions in dictionary (terms defined by reference to the parent Racing Act 1999)","Dual statutory framework requiring readers to consult both ACT and NSW legislation simultaneously","Conditional application based on employment status as an 'ACT jockey' (defined elsewhere in the parent Act)","Amendment history shows the regulation has been modified to update which NSW provisions are excluded"],"plain_english_summary":"This regulation creates a dedicated accident insurance scheme for ACT jockeys by adopting NSW workers‑compensation laws with targeted changes so they fit the ACT racing context. It affects jockeys, racing participants, insurers and the ACT courts, ensuring injured riders can access medical and wage compensation and clarifying how claims and disputes are handled under ACT procedures and court jurisdiction."}},"importantCases":[],"_links":{"self":"/api/acts/racing-jockeys-accident-insurance-regulation-2006","history":"/api/acts/racing-jockeys-accident-insurance-regulation-2006/history","analysis":"/api/acts/racing-jockeys-accident-insurance-regulation-2006/analysis","conflicts":"/api/acts/racing-jockeys-accident-insurance-regulation-2006/conflicts","importantCases":"/api/acts/racing-jockeys-accident-insurance-regulation-2006/important-cases","documents":"/api/acts/racing-jockeys-accident-insurance-regulation-2006/documents"}}