2007 release day means the day in May 2007 on which the adult average weekly earnings for the February 2007 quarter were published by the Australian Bureau of Statistics;
child of a marriage or significant relationship – see clause 2 ;
child, of a person, includes a child legally adopted by that person but does not include a biological child of that person if the person is no longer the lawful parent of that biological child;
counselling services has the same meaning as in section 23 of the Act;
dependant, of a person whose death results directly from a motor accident, means each of the following:
(a) an individual who is the spouse of the person and who, but for the death of the person, would be wholly or partly dependent on the person for financial support;
(b) an individual who –
(i) is the parent or step-parent of a dependent child, being a dependent child who, but for the death of the person, would be wholly or partly dependent on the person for care; and
family member has the same meaning as in section 23 of the Act;
registered, in relation to a person, means –
(a) in the case of a chiropractor, dentist, osteopath, physiotherapist or psychologist, that the person is registered in the relevant health profession under the Health Practitioner Regulation National Law (Tasmania) ; or
(b) in the case of a naturopath, that the person is registered by the Australian Register of Naturopaths and Herbalists Limited [ABN 42 147 439 469], or holds such other qualification as determined by the Board; or
(c) in the case of a massage therapist, the person is a member of the Australian Association of Massage Therapists Limited [ABN 70 104 153 460] or holds such other qualification as determined by the Board;
spouse, in relation to a person involved in a motor accident, includes a person who, at the time of the motor accident, is in a significant relationship with that person.
2. Child of a marriage or significant relationship
(1) For the purposes of this Schedule, a person is a child of a marriage or significant relationship if the person is –
(a) a child of both parties to the marriage or significant relationship; or
(b) a child of either party to the marriage or significant relationship and is accepted as a child of the marriage or significant relationship by the other party.
(2) For the purposes of subclause (1)(b) , unless the contrary is shown, a child of either party to a marriage or significant relationship is accepted by the other party to the marriage or significant relationship if the child is a member of the parties' household.
3. Paternity
(1) For the purposes of this Schedule, a person is the father of another person if –
(a) the person has acknowledged, in writing or by a course of conduct, that he is the father of the other person; or
(b) a court in this State or elsewhere has made an order or other determination in relation to the maintenance or custody of the other person or a determination that the person is the father of the other person; or
(c) the person has been declared under the Status of Children Act 1974 to be the father of the other person.
(2) For the purposes of this Schedule, a person is to be taken to have no surviving father if there is no person acknowledged, determined or declared, under subclause (1) , to be his or her father.
4. Unborn child
For the purposes of this Schedule, if a woman was pregnant at the time of a motor accident, these regulations apply to a child born from that pregnancy as if the child –
(a) had been born immediately before the accident; and
(b) had been dependent on both parents, or whichever parent as was then living, for financial support at the time of the accident.
5. Dependent parent
For the purposes of this Schedule, a person is a dependent parent of another person if the person –
(a) is a parent of the other person; and
(b) ordinarily resides with the other person at the same premises; and
(c) is principally dependent on the other person for financial support.
6. Dependent carer
For the purposes of this Schedule, a person is a dependent carer of another person if the person –
(a) is in a caring relationship, within the meaning of the Relationships Act 2003 , with the other person; and
(b) ordinarily resides with the other person at the same premises; and
(c) is principally dependent on the other person for financial support.
7. Survivorship
For the purposes of this Schedule –
(a) subject to paragraph (b) , a person survives another person only if the person is living at the end of a period of 30 days beginning on the day on which the other person dies; and
(b) a child born after the death of a person survives that person only if the child is living at the end of a period of 30 days beginning on the day on which the child is born.
8. Limitation of amount of medical and disability benefits
Except in the case of a person requiring daily care, the payment of medical benefits under Part 2 and disability benefits under Part 6 in respect of a personal injury to a person resulting directly from a single motor accident is not to exceed –
(a) if the person has been a continuous hospital in-patient for more than 4 days commencing on the date of the accident, $500 000 in aggregate; or
(b) in any other case, $400 000 in aggregate.
Part Part 1 - Motor Accidents (Liabilities and Compensation) Regulations 2020 - Preliminary | Zoe