1
Name of Order
1 Name of Order
1 Name of Order
This Order is the Motor Accidents Compensation (Determination of Loss) Order 2009.
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New South Wales regulation
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.
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Direct links to the current provisions in Motor Accidents Compensation (Determination of Loss) Order 2009.
1 Name of Order
This Order is the Motor Accidents Compensation (Determination of Loss) Order 2009.
2 Commencement
This Order commences on 1 October 2009 and is required to be published in the Gazette.
3 Section 125: Damages for past or future economic loss—maximum for loss of earning etc
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, 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.
Table
| Column 1 | Column 2 | | Operative date | Amount of maximum loss of earning etc (net weekly earnings) | | 1 October 2000 | $2,603 | | 1 October 2001 | $2,712 | | 1 October 2002 | $2,834 | | 1 October 2003 | $3,021 | | 1 October 2004 | $3,127 | | 1 October 2005 | $3,296 | | 1 October 2006 | $3,362 | | 1 October 2007 | $3,500 | | 1 October 2008 | $3,584 | | 1 October 2009 | $3,749 | | 1 October 2010 | $3,966 | | 1 October 2011 | $4,129 | | 1 October 2012 | $4,236 | | 1 October 2013 | $4,376 | | 1 October 2014 | $4,512 | | 1 October 2015 | $4,688 | | 1 October 2016 | $4,777 | | 1 October 2017 | $4,834 | | 1 October 2018 | $5,008 | | 1 October 2019 | $5,184 | | 1 October 2020 | $5,412 | | 1 October 2021 | $5,461 |
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).
4 Section 134: Maximum amount of damages for non-economic loss
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.
Table
| Column 1 | Column 2 | | Operative date | Maximum amount of damages for non-economic loss | | 1 October 2000 | $271,000 | | 1 October 2001 | $296,000 | | 1 October 2002 | $309,000 | | 1 October 2003 | $329,000 | | 1 October 2004 | $341,000 | | 1 October 2005 | $359,000 | | 1 October 2006 | $366,000 | | 1 October 2007 | $381,000 | | 1 October 2008 | $390,000 | | 1 October 2009 | $408,000 | | 1 October 2010 | $432,000 | | 1 October 2011 | $450,000 | | 1 October 2012 | $462,000 | | 1 October 2013 | $477,000 | | 1 October 2014 | $492,000 | | 1 October 2015 | $511,000 | | 1 October 2016 | $521,000 | | 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 |
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).
5 Repeal
Every Order made under section 146 of the Motor Accidents Compensation Act 1999 before the commencement of this Order is repealed.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Order
This Order is the Motor Accidents Compensation (Determination of Loss) Order 2009.
2 Commencement
This Order commences on 1 October 2009 and is required to be published in the Gazette.
3 Section 125: Damages for past or future economic loss—maximum for loss of earning etc
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, 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.
Table
| Column 1 | Column 2 | | Operative date | Amount of maximum loss of earning etc (net weekly earnings) | | 1 October 2000 | $2,603 | | 1 October 2001 | $2,712 | | 1 October 2002 | $2,834 | | 1 October 2003 | $3,021 | | 1 October 2004 | $3,127 | | 1 October 2005 | $3,296 | | 1 October 2006 | $3,362 | | 1 October 2007 | $3,500 | | 1 October 2008 | $3,584 | | 1 October 2009 | $3,749 | | 1 October 2010 | $3,966 | | 1 October 2011 | $4,129 | | 1 October 2012 | $4,236 | | 1 October 2013 | $4,376 | | 1 October 2014 | $4,512 | | 1 October 2015 | $4,688 | | 1 October 2016 | $4,777 | | 1 October 2017 | $4,834 | | 1 October 2018 | $5,008 | | 1 October 2019 | $5,184 | | 1 October 2020 | $5,412 | | 1 October 2021 | $5,461 |
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).
4 Section 134: Maximum amount of damages for non-economic loss
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.
Table
| Column 1 | Column 2 | | Operative date | Maximum amount of damages for non-economic loss | | 1 October 2000 | $271,000 | | 1 October 2001 | $296,000 | | 1 October 2002 | $309,000 | | 1 October 2003 | $329,000 | | 1 October 2004 | $341,000 | | 1 October 2005 | $359,000 | | 1 October 2006 | $366,000 | | 1 October 2007 | $381,000 | | 1 October 2008 | $390,000 | | 1 October 2009 | $408,000 | | 1 October 2010 | $432,000 | | 1 October 2011 | $450,000 | | 1 October 2012 | $462,000 | | 1 October 2013 | $477,000 | | 1 October 2014 | $492,000 | | 1 October 2015 | $511,000 | | 1 October 2016 | $521,000 | | 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 |
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).
5 Repeal
Every Order made under section 146 of the Motor Accidents Compensation Act 1999 before the commencement of this Order is repealed.