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New South Wales regulation
Motor Accident Injuries (Indexation) Order 2017
In ForceNSWPlain English Summary
3/10 complexity
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).
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Current sections
Direct links to the current provisions in Motor Accident Injuries (Indexation) Order 2017.
2
Commencement
2 Commencement
2 Commencement
This Order commences on the day on which sections 3.9 and 4.22 of the Motor Accident Injuries Act 2017 commence.
3
Definition
3 Definition
3 Definition
(1) In this Order—
the Act means the Motor Accident Injuries Act 2017.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Order.
(2) Notes included in this Order do not form part of this Order.
4
Section 3.9: Maximum weekly statutory benefits amount
4 Section 3.9: Maximum weekly statutory benefits amount
4 Section 3.9: Maximum weekly statutory benefits amount
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.
Table
| Column 1 | Column 2 | | Operative date | Maximum weekly statutory benefits amount | | 1 October 2017 | $3,899 | | 1 October 2018 | $4,039 | | 1 October 2019 | $4,180 | | 1 October 2020 | $4,364 | | 1 October 2021 | $4,403 | | 1 October 2022 | $4,476 |
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).
4A
Section 3.22: Indexation of weekly statutory benefits
4A Section 3.22: Indexation of weekly statutory benefits
4A Section 3.22: Indexation of weekly statutory benefits
For the purposes of section 3.22 (3) of the Act, the number that equates to the factor
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.
Table
| Column 1 | Column 2 | | Review date | Factor | | 1 April 2018 | 1.019 | | 1 October 2018 | 1.016 | | 1 April 2019 | 1.011 | | 1 October 2019 | 1.022 | | 1 April 2020 | 1.015 | | 1 October 2020 | 1.033 | | 1 April 2021 | 1.005 | | 1 October 2021 | 1.004 | | 1 April 2022 | 0.999 | | 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. | | 1 October 2022 | 1.017 |
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).
5
Section 4.22: Indexation of maximum for non-economic loss damages
5 Section 4.22: Indexation of maximum for non-economic loss damages
5 Section 4.22: Indexation of maximum for non-economic loss damages
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.
Table
| Column 1 | Column 2 | | Operative date | Maximum amount of damages for non-economic loss | | 1 October 2017 | $527,000 | | 1 October 2018 | $546,000 | | 1 October 2019 | $565,000 | | 1 October 2020 | $590,000 | | 1 October 2021 | $595,000 | | 1 October 2022 | $605,000 |
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).
Source text
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Order
1 Name of Order
1 Name of Order
This Order is the Motor Accident Injuries (Indexation) Order 2017.
2 Commencement
2 Commencement
2 Commencement
This Order commences on the day on which sections 3.9 and 4.22 of the Motor Accident Injuries Act 2017 commence.
3 Definition
3 Definition
3 Definition
(1) In this Order—
the Act means the Motor Accident Injuries Act 2017.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Order.
(2) Notes included in this Order do not form part of this Order.
4 Section 3.9: Maximum weekly statutory benefits amount
4 Section 3.9: Maximum weekly statutory benefits amount
4 Section 3.9: Maximum weekly statutory benefits amount
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.
Table
| Column 1 | Column 2 | | Operative date | Maximum weekly statutory benefits amount | | 1 October 2017 | $3,899 | | 1 October 2018 | $4,039 | | 1 October 2019 | $4,180 | | 1 October 2020 | $4,364 | | 1 October 2021 | $4,403 | | 1 October 2022 | $4,476 |
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).
4A Section 3.22: Indexation of weekly statutory benefits
4A Section 3.22: Indexation of weekly statutory benefits
4A Section 3.22: Indexation of weekly statutory benefits
For the purposes of section 3.22 (3) of the Act, the number that equates to the factor 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.
Table