This Act creates the Sporting Injuries Compensation Authority and a dedicated Sporting Injuries Fund to provide fixed benefits for injuries or death arising from authorised sporting, school or Department activities (s7, s11, s19, s25–26). The Authority sets premiums, issues notices and may approve private‑insurance exemptions subject to a 10% levy (s16–17, s5A).
Injured registered or enrolled participants apply for benefits; medical panels or referees assess impairment and determinations can be reviewed by the District Court (s24, s29). Sporting organisations and the State (via the Supplementary Fund for schools/Department) meet costs (s11, s11A).
This Act establishes a statutory, government-run compensation scheme for personal injuries and deaths arising out of or in the course of “authorised activities” of declared sporting organisations, schools and the Department (the Office of Sport). It creates an administrative body, the Sporting Injuries Compensation Authority (the Authority), and two funds to meet liabilities: the Sporting Injuries Fund (the Fund) administered by the Authority (s 7; s 11), and the Supplementary Sporting Injuries Fund (the Supplementary Fund) administered by the NSW Self Insurance Corporation for injuries to enrolled school participants and Department participants (s 11A). The Act sets out who may apply for benefits (s 19), the process for medical assessment and decision (ss 6, 24), the quantum of statutory benefits (s 25; Schedule 1), and caps on payments (s 25(3)-(5); s 26(4)).
It also prescribes how the scheme is financed. The Authority determines premiums for each declared sporting organisation and issues notices requiring payment (ss 16-17). Premiums must be set so that Fund income is sufficient to meet liabilities (s 16(4)). The Authority may grant insurance exemptions where an organisation can show adequate private insurance; an exemption removes premium obligations but also removes entitlement to benefits for registered participants while the exemption is in force and imposes a 10% levy on the organisation (s 5A). The Supplementary Fund is replenished by Treasury payments on quarterly notice from the Self Insurance Corporation (s 11B).
Administrative and dispute mechanisms are included. The Minister appoints referees and a chief executive administers the Authority (ss 6, 9; Schedule 4A). Rules and regulations may be made to implement the scheme, including specifying authorised activities, who counts as registered or enrolled participants, registers, notice requirements, and forms (s 31). Applicants aggrieved by an Authority decision (subject to certain exceptions) may apply to the District Court for determination, which has exclusive jurisdiction (s 29(1), (6)).
Current sections
Direct links to the current provisions in Sporting Injuries Insurance Act 1978.
(1) Section 1, Part 2, Part 6 (other than section 36), Schedule 2 and this section shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3
Notes
3 Notes
3 Notes
Notes included in this Act do not form part of this Act.
s 3: Am 1981 No 116, Schs 1 (1), 2 (1); 1984 No 65, Sch 1 (2). Rep 1999 No 31, Sch 5.99. Ins 2010 No 19, Sch 3.98 [1].
4
Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
authorised activity, in relation to a prescribed organisation, means an activity of a kind that is—
(a) specified in relation to the organisation in the rules, or
(b) pursuant to the rules, deemed to be an authorised activity in relation to the organisation.
Authority means the Sporting Injuries Compensation Authority constituted under this Act.
chief executive means the chief executive of the Authority appointed under this Act.
compensable injury means an injury in respect of which an amount of money is prescribed in Schedule 1.
Court means the District Court of New South Wales established under the District Court Act 1973.
Department means the Office of Sport.
enrolled participant, in relation to the Department, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as an enrolled participant of the Department for the purposes of this Act.
enrolled student participant, in relation to a school, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as an enrolled student participant of the school for the purposes of this Act.
function includes power, authority and duty.
Fund means the Sporting Injuries Fund established under section 11 (1).
injury means personal injury arising out of or in the course of an authorised activity of a prescribed organisation, and includes a disease—
(a) contracted in the course of any such activity, and
(b) to which the activity was a contributing factor,
but does not include the aggravation, acceleration, exacerbation of, or deterioration resulting from, a disease.
medical panel means a medical panel appointed under section 6 (4).
perform, in relation to a function that is a power or an authority, means exercise the power or authority and, in relation to a duty, means discharge the duty.
prescribed organisation means a sporting organisation, a school or the Department.
referee means a person who is a referee under section 6 (1) or (2).
registered participant, in relation to a sporting organisation, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as a registered participant of the organisation for the purposes of this Act.
regulations means regulations made under this Act.
rules means rules made under this Act.
school means a government school or a registered non-government school under the Education Act 1990.
sexual organs means genitals and, in the case of a woman, includes breasts.
sporting organisation means an individual, a body corporate or an unincorporated association declared under section 5 (1) to be a sporting organisation for the purposes of this Act.
Supplementary Fund means the Supplementary Sporting Injuries Fund established under section 11A (1).
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(1A) A reference in this Act to an authorised activity—
(a) in relation to a sporting organisation, does not include a reference to an activity of a kind that is not, or is not carried on in connection with, or is not related to, a sporting or athletic activity in respect of which the organisation is for the time being declared under section 5, and
(b) in relation to the Department, does not include a reference to an activity for the participation in which no fee is payable to the Department.
(1B) Where an authorised activity of a sporting organisation is also an authorised activity of a school or of the Department, a person—
(a) who is participating in the activity as a registered participant of the organisation, and
(b) who, if this subsection had not been enacted, would also be participating in the activity as an enrolled student participant of the school, as an enrolled participant of the Department, or as both,
shall, for the purposes of this Act, be deemed not to be an enrolled student participant of the school or an enrolled participant of the Department while participating in the activity.
(2) A reference in this Act to the due day for payment of a premium is a reference to the day specified under section 17 (1) (a) (v) in a notice served under section 17 (1) on a sporting organisation and requiring payment of the premium.
(3) Where a sporting organisation changes its name, any reference in—
(a) an order made under section 5 (1),
(b) a rule, or
(c) a notice served on the organisation in accordance with section 34,
to the former name of the organisation shall be read and construed as a reference to the name as changed by the organisation, but nothing in this subsection affects an entitlement to a benefit under this Act that would have arisen if this subsection had not been enacted.
s 4: Am 1981 No 116, Schs 2 (2), 4 (1); 1984 No 65, Sch 1 (3); 1984 No 92, Sch 1 (1); 1997 No 134, Sch 2 [1]; 2002 No 23, Sch 1.8 [1]; 2012 No 54, Sch 3.5 [3]–[5]; 2015 No 19, Sch 9 [1]; 2017 No 63, Sch 4.45.
5
Declaration of sporting organisations
5 Declaration of sporting organisations
5 Declaration of sporting organisations
(1) An individual, a body corporate or an unincorporated association, who or which is concerned, directly or indirectly, in the regulation and conduct of any sporting or athletic activity or activities, may be declared, by an order made—
(a) by the Minister, or
(b) with the consent of the Minister, by the chief executive,
to be a sporting organisation in respect of that activity or those activities.
(2) Orders made under subsection (1) may declare more than one individual, body corporate or unincorporated association, or any 2 or more of any of them, to be sporting organisations in respect of the same sporting or athletic activity.
(3) An order made under subsection (1) has effect when it is made and shall be published in the Gazette not later than 30 days after it has been made.
s 5: Am 1981 No 116, Sch 4 (2); 2012 No 54, Sch 3.5 [6]; 2015 No 19, Sch 9 [2].
5A
Insurance exemption for sporting organisations
5A Insurance exemption for sporting organisations
5A Insurance exemption for sporting organisations
(1) The Authority may grant a sporting organisation an insurance exemption if satisfied that the organisation will have adequate private insurance for the period for which the exemption will be in force.
(2) An insurance exemption operates as follows—
(a) a premium is not payable under Part 4 by the sporting organisation in respect of the period for which the exemption is in force,
(b) no benefits are payable under this Act in respect of an injury suffered by a registered participant of the sporting organisation, or in respect of the death of a person as a consequence of an injury suffered by the person as such a registered participant, during the period for which the exemption is in force,
(3) A sporting organisation has adequate private insurance for the period for which an insurance exemption will be in force if—
(a) a policy of insurance provides for payment of benefits, or indemnification of the sporting organisation in connection with a liability to pay benefits, in respect of an injury suffered by a registered participant of the sporting organisation, or in respect of the death of a person as a consequence of an injury suffered by the person as such a registered participant, during the period for which the exemption will be in force, and
(b) those benefits are of no lesser amount than the benefits that would be payable under this Act in respect of the injury or death, and
(c) the insurer under the policy of insurance is a body corporate that is authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth.
(4) An insurance exemption may be granted for a period of up to 12 months and may be granted by way of renewal or further renewal for a further period or further periods of up to 12 months.
(5) On each occasion of the grant or renewal of an insurance exemption, there is payable by the sporting organisation a levy of 10% of the amount that the Authority determines to be the amount that would otherwise be determined for and payable by the organisation as premium under Part 4 in respect of the period for which the insurance exemption will be in force.
(6) The levy is due and payable as required by a notice sent to the sporting organisation by the Authority. If the levy is not paid as required by the notice, the insurance exemption is of no effect while the levy remains unpaid.
(7) A levy payable under this section is payable to the Authority for payment into the Fund.
(8) The Authority must cancel an insurance exemption by notice in writing to the sporting organisation if the Authority is satisfied that the organisation does not or will not have adequate private insurance for any period for which the exemption is in force.
(9) The Authority may cancel an insurance exemption by notice in writing to the sporting organisation for any other reason that the Authority considers sufficient. The Authority must first give the sporting organisation a reasonable opportunity to make written submissions to the Authority on the matter.
s 5A: Ins 2002 No 124, Sch 3 [1].
6
Appointment of referees and medical panels
6 Appointment of referees and medical panels
6 Appointment of referees and medical panels
(1) A medical assessor under the Workplace Injury Management and Workers Compensation Act 1998 is taken to be a referee for the purposes of this Act and for that purpose has and may exercise all the functions of a medical assessor under that Act.
(2) The Minister may appoint as referees for the purposes of this Act persons who the Minister considers are qualified to assess a person’s loss of mental capacity.
(3) A person may be appointed under subsection (2) whether or not the person is a legally qualified medical practitioner.
(4) The chief executive may appoint 2 or more referees as a medical panel for the purposes of this Act.
(5) Referees shall be entitled to such remuneration from the Fund as the Minister considers fit in respect of anything done pursuant to this Act by them.
s 6: Am 1984 No 92, Sch 1 (2); 1987 No 79, Sch 1; 1998 No 85, Sch 2.10 [1]; 2002 No 23, Sch 1.8 [2]; 2012 No 54, Sch 3.5 [7]; 2015 No 19, Sch 9 [2]; 2022 No 25, Sch 4.3.
Part 2
Constitution and functions of Authority
Part 2 Constitution and functions of Authority
Part 2 Constitution and functions of Authority
pt 2, hdg: Am 2012 No 54, Sch 3.5 [8]; 2015 No 19, Sch 9 [3].
7
Constitution of Authority
7 Constitution of Authority
7 Constitution of Authority
(1) There is constituted by this Act a body corporate with the corporate name of the Sporting Injuries Compensation Authority.
s 7: Rep 2012 No 54, Sch 3.5 [9]. Ins 2015 No 19, Sch 9 [4].
7A
Ministerial control
7A Ministerial control
7A Ministerial control
The Authority is subject to the control and direction of the Minister in the exercise of its functions, except in relation to the contents of any advice, report or recommendation given to the Minister.
s 7A: Ins 2015 No 19, Sch 9 [4].
8
Authority’s functions
8 Authority’s functions
8 Authority’s functions
The Authority shall—
(a) compile and maintain such statistics with respect to the incidence of injuries resulting from sporting or athletic activities as the Authority considers would assist it in the performance of the functions given to it by or under this or any other Act,
(b) co-operate with organisations concerned in the regulation and conduct of sporting or athletic activities, the Department and the Department of Education for the purpose of initiating, developing, encouraging and implementing such policies as are likely to eliminate or reduce the incidence of injuries resulting from sporting or athletic activities,
(c) when requested by the Minister to do so, examine and report to the Minister on the desirability of extending the scheme provided by this Act, and
(d) perform such other functions as are given to it by or under this or any other Act.
s 8: Am 1984 No 65, Sch 1 (4).
9
Chief executive of Authority
9 Chief executive of Authority
9 Chief executive of Authority
(1) The Minister is to appoint a person as the chief executive of the Authority.
Note—
Schedule 4A contains provisions relating to the chief executive of the Authority.
(2) The affairs of the Authority are to be managed and controlled by the chief executive.
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by the chief executive is taken to have been done by the Authority.
s 9: Rep 2012 No 54, Sch 3.5 [9]. Ins 2015 No 19, Sch 9 [5].
10
Delegation
10 Delegation
10 Delegation
(1) The Authority may delegate to an authorised person any of the functions of the Authority (other than this power of delegation).
(2) In this section—
authorised person means any of the following—
(a) a member of staff of Insurance and Care NSW,
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
s 10: Rep 2012 No 54, Sch 3.5 [9]. Ins 2015 No 19, Sch 9 [5].
Part 3
Financial provisions
Part 3 Financial provisions
Part 3 Financial provisions
11
Establishment of Sporting Injuries Fund
11 Establishment of Sporting Injuries Fund
11 Establishment of Sporting Injuries Fund
(1) The Authority shall establish, administer and control a fund, to be called the “Sporting Injuries Fund”.
(2) The Fund comprises the following—
(a) all money paid to the Authority under section 5A or Part 4,
(b) all other assets of the Authority, including gifts made to it and investments made by it under section 12 with respect to money forming part of the Fund.
(3) There shall be paid from the Fund—
(a) the costs of administering this Act in so far as those costs relate to registered participants and sporting organisations, including the cost of meeting any claims made by or with respect to registered participants for benefits under this Act,
(a1) to the Minister administering the District Court Act 1973, such of the costs of operation of the District Court relating to the determination of applications under section 29, being costs incurred after 30 June 2005, as the Minister administering the District Court Act 1973 and the Minister administering this Act agree are to be paid from the Fund,
(a2) all payments required to meet expenditure incurred by or on behalf of a NSW Government agency in providing services (including staff and facilities) for or in connection with the insurance scheme established under this Act,
(a3) all payments (approved by the Minister administering Part 3 of the State Insurance and Care Governance Act 2015) required to meet expenditure incurred by the State Insurance Regulatory Authority in exercising functions in connection with the insurance scheme established under this Act,
(b) any money required to repay any borrowing by the Authority under this Act for the purposes of the Fund,
(c) such grants for clinical and research work and other activities associated with the prevention and treatment of injuries that result from sporting or athletic activities as the Authority, with the approval of the Minister, may make, and
(d) (Repealed)
(4) (Repealed)
s 11: Am 1984 No 65, Sch 1 (5); 2002 No 124, Sch 3 [2]; 2005 No 64, Sch 1.34; 2012 No 54, Sch 3.5 [10] [11]; 2015 No 19, Sch 9 [6]–[9].
11A
Establishment of Supplementary Sporting Injuries Fund
11A Establishment of Supplementary Sporting Injuries Fund
11A Establishment of Supplementary Sporting Injuries Fund
(1) The Self Insurance Corporation shall establish, administer and control a fund, to be called the “Supplementary Sporting Injuries Fund”.
(2) The Supplementary Fund shall be comprised of—
(a) (Repealed)
(b) all money paid to the Self Insurance Corporation from the Treasury pursuant to notices served under section 11B (2),
(c) all money recovered by the Self Insurance Corporation pursuant to section 35A,
(d) gifts made to the Self Insurance Corporation for the purposes of the Supplementary Fund, and
(e) investments made by the Self Insurance Corporation under section 12 with respect to money forming part of the Supplementary Fund.
(3) There is to be paid from the Supplementary Fund the costs of administering this Act in so far as those costs relate to enrolled student participants of schools and enrolled participants of the Department, including the cost of meeting any claims made by or with respect to enrolled student participants and enrolled participants for benefits under this Act.
(4) The Self Insurance Corporation is to ensure that the money in the Supplementary Fund is sufficient to meet the liabilities that are or may be required to be met from time to time by the Supplementary Fund.
(5), (6) (Repealed)
s 11A: Ins 1984 No 65, Sch 1 (6). Am 2015 No 19, Sch 9 [10]–[12].
11B
Recoupment to Supplementary Fund
11B Recoupment to Supplementary Fund
11B Recoupment to Supplementary Fund
(1) In this section, quarter means any of the following successive periods of 3 months—
(a) January, February and March,
(b) April, May and June,
(c) July, August and September,
(d) October, November and December.
(2) Forthwith after the conclusion of each quarter, the Self Insurance Corporation shall serve on the Secretary and Comptroller of Accounts, the Treasury, a notice requiring payment to the Self Insurance Corporation of the amount, if any, required to be specified in the notice in relation to the quarter by subsection (3).
(3) The amount required to be specified in a notice served under subsection (2) in relation to a quarter is the sum of—
(a) the total of the amounts of all benefits paid by the Self Insurance Corporation out of the Supplementary Fund during the quarter, other than any such amount included in a notice served under subsection (2) in relation to a preceding quarter,
(b) the total of the amounts of all benefits determined by the Self Insurance Corporation in the quarter to which the notice relates to be payable by the Self Insurance Corporation after the expiration of the quarter to which the notice relates, and
(c) the costs, estimated by the Self Insurance Corporation, of administering the Supplementary Fund during the quarter to which the notice relates in so far as those costs relate to enrolled student participants of schools and enrolled participants of the Department,
reduced by the amounts, if any, recovered by the Self Insurance Corporation pursuant to section 35A during the quarter to which the notice relates.
s 11B: Ins 1984 No 65, Sch 1 (6). Am 2015 No 19, Sch 9 [12]–[14].
12
Investment
12 Investment
12 Investment
(1) The Authority may invest money in the Fund that is not immediately required for the Fund—
(a) if the Authority is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Authority is permitted to invest money under that Part, or
(b) if the Authority is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
(2) The Self Insurance Corporation may invest money in the Supplementary Fund that is not immediately required for the Supplementary Fund—
(a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Self Insurance Corporation is permitted to invest money under that Part, or
s 12: Am 1984 No 65, Sch 1 (7); 1996 No 30, Sch 2; 1997 No 102, Sch 2.9. Subst 2015 No 19, Sch 9 [15]; 2018 No 70, Sch 3.55.
13
13
13–15 (Repealed)
Part 4
Premiums
Part 4 Premiums
Part 4 Premiums
pt 4: Subst 1981 No 116, Sch 2 (3).
16
Determination of premiums
16 Determination of premiums
16 Determination of premiums
(1) The Authority shall, from time to time, determine premiums for each sporting organisation.
(2) The Authority shall, under subsection (1), determine premiums for a sporting organisation which to it seem equitable, taking into account—
(a) the nature of the organisation’s authorised activities or authorised activity in relation to which each of the premiums is being determined,
(b) the period with respect to which each of the premiums will be required to be paid,
(c) any adjustment which it considers should be made by reason of—
(i) the amounts of the previous premiums, if any, paid by the organisation, and
(ii) any amount that has been paid pursuant to, or that is, or in the opinion of the Authority will be, required to be paid by, an adjustment notice served on the organisation under section 18A (2), and
(d) such other criteria as the Authority considers appropriate.
(2A) Any determination with respect to premiums for payment to the Sporting Injuries Fund has no effect unless it is approved by the State Insurance Regulatory Authority.
(3) The Authority may determine a uniform amount to be paid in respect of every person it estimates will participate as a registered participant in the authorised activities of a sporting organisation during a particular period and determine the premium for the sporting organisation in respect of that period as the total of the amounts to be paid by all of those persons or calculate the premium in any other manner it considers appropriate.
(4) Notwithstanding subsections (2) and (3), the Authority shall, when discharging its duty under subsection (1), so determine premiums that those premiums and the income of the Fund are sufficient to meet the liabilities that are or may be required to be met from time to time by the Fund.
s 16: Am 1981 No 116, Sch 4 (3). Subst 1981 No 116, Sch 2 (3). Am 2015 No 19, Sch 9 [16].
17
Notice to pay premium
17 Notice to pay premium
17 Notice to pay premium
(1) Where the Authority has determined a premium for a sporting organisation, it shall serve on the organisation a notice—
(a) setting forth—
(i) the name of the sporting organisation,
(ii) the amount of the premium and particulars of the calculation pursuant to which the premium was determined,
(iii) the authorised activity or authorised activities of the organisation to which the premium relates,
(iv) the period with respect to which the premium is payable, and
(v) the day on or before which the premium should be paid, being a day occurring not less than 21 days after the date on which the notice is served and occurring before the expiration of the period specified in the notice pursuant to subparagraph (iv), and
(b) requiring the organisation to pay the premium to the Authority on or before the due day for payment of the premium at the place specified in the notice.
(2) Where, after the Authority has served a notice on a sporting organisation under subsection (1) specifying the due day for payment of a premium determined for the organisation, the Authority considers that the premium should be reduced for any reason, the Authority may, before that due day, serve on the organisation a notice under this subsection specifying that the premium required to be paid by the former notice shall be the reduced premium specified in the notice served under this subsection, instead of the premium specified in the former notice.
(3) A notice served under subsection (2) on a sporting organisation shall have effect according to its tenor.
s 17: Subst 1981 No 116, Sch 2 (3).
18
Failure of organisation to pay premiums
18 Failure of organisation to pay premiums
18 Failure of organisation to pay premiums
(1) Where any premium required by a notice served on a sporting organisation under section 17 (1) to be paid to the Authority on or before the due day for payment of the premium has not been paid to the Authority on or before 30 June next following that due day, then, while it is unpaid, paragraph (d) of the definition of worker in section 4 (1) of the Workplace Injury Management and Workers Compensation Act 1998, as in force for the time being, does not apply and shall be deemed not to have applied to or in respect of any person who, but for that paragraph, would be a worker within the meaning of that Act while he or she is, or was at any time during the year commencing with 1 July immediately preceding that 30 June and ending with that 30 June, participating in any authorised activity of the organisation or doing anything that, although not such an authorised activity, is or was done in connection with, or related to, such an authorised activity, and the organisation shall be deemed to be, or to have been, his or her employer at that time, as the case may require.
(2) Where any premium required by a notice served on a sporting organisation under section 17 (1) to be paid to the Authority on or before the due day for payment of the premium is unpaid, a person who suffers an injury while participating in an authorised activity of the organisation during the period specified in the notice as the period with respect to which the premium is payable is not, for the purposes of section 19 (1) or (2) or 27 (1), a registered participant of the organisation until the premium is paid but, if the premium is paid before the end of that period, whether before, on or after that due day, any person who would, if this subsection had not been enacted, have been a registered participant of the organisation at a time occurring during that period but before payment of the amount shall, for the purposes of sections 19 (1) and (2) and 27 (1), be treated as if he or she had been a registered participant of the organisation at that time.
s 18: Subst 1981 No 116, Sch 2 (3). Am 1987 No 79, Sch 1; 1998 No 85, Sch 2.10 [2].
18A
Adjustment of certain premiums
18A Adjustment of certain premiums
18A Adjustment of certain premiums
(1) In this section—
adjustment notice means a notice served on a sporting organisation under subsection (2).
prescribed variable means—
(a) the number of—
(i) registered participants,
(ii) teams or crews of registered participants,
(iii) vehicles ridden or driven by registered participants, or
(iv) vessels driven or sailed by registered participants,
who or which will participate in authorised activities of sporting organisations, or
(b) any other variable prescribed by the regulations for the purposes of this definition.
(2) If, after the due day for payment of a premium specified in a notice served on a sporting organisation under section 17 (1), the Authority has reasonable grounds to believe that the premium is less than it would have been if an estimate of the quantity of a prescribed variable—
(a) used in the calculation pursuant to which the premium was determined, and
(b) specified in that notice pursuant to section 17 (1) (a) (ii),
had been accurate, the Authority may serve on the organisation a notice requiring it to pay the difference to the Authority.
(3) An adjustment notice shall set forth—
(a) particulars of the notice served under section 17 (1) specifying the premium to which the adjustment notice relates,
(b) particulars of the manner in which the amount required to be paid by the adjustment notice is calculated, and
(c) the day on or before which that amount is payable, being a day occurring not less than 10 days after the date on which the notice is served.
(4) If the amount required to be paid by an adjustment notice is not paid on or before the day specified in the notice under subsection (3) (c) or within such further period as the Authority, by instrument in writing, may allow, the amount required by that notice to be paid by the sporting organisation thereupon becomes a debt recoverable, in any court of competent jurisdiction, by the Authority from the organisation or, where the organisation is—
(a) a body corporate—from any person who was, when that notice was served on the body corporate, a director, within the meaning of the Corporations Act 2001 of the Commonwealth, of the body corporate, or
(b) an unincorporated association—from any person who was, when that notice was served on the unincorporated association, a member of the governing body of that association.
(5) Where, as a consequence of proceedings brought by the Authority under subsection (4) in respect of an unincorporated association, judgment for an amount is given by a court against a member of the governing body of the association, the court may make such orders as it thinks fit for recovery of the amount, or any part thereof, out of any money held by the member or by any person on behalf of, or in trust for, the association or its members or for the sale of any such property and for the recovery of the amount, or any part thereof, out of the proceeds of the sale.
(6) Where a debt referred to in subsection (4) is recovered—
(a) wholly or partly from the sporting organisation or under subsection (5), the liability imposed on any person under subsection (4) (a) or (b) is correspondingly reduced, or
(b) from a person referred to in subsection (4) (a) or (b), that person is entitled to recover in any court of competent jurisdiction, as contribution from each of the other directors of the body corporate or members of the governing body of the unincorporated association, as the case may be, an amount equal to the dividend obtained by dividing the amount recovered by the number, at the time the adjustment notice was served, of directors of that body corporate or of members of the governing body of that association, as the case may be.
s 18A: Ins 1981 No 116, Sch 2 (3). Am 1986 No 16, Sch 23; 2001 No 34, Sch 2.47.
18B
Repayments in certain cases
18B Repayments in certain cases
18B Repayments in certain cases
Where an individual, a body corporate or an unincorporated association (in this section referred to as the former organisation) ceases to be a sporting organisation for the purposes of this Act—
(a) during a period specified under section 17 (1) (a) (iv) in a notice served on the former organisation under section 17 (1) or after the expiration of the period so specified in the last notice so served, and
(b) after payment to the Authority of the premium required to be paid by the notice or the last notice, as the case may be,
the Authority may, if it considers it would be equitable to do so, repay from the Fund to the former organisation, if the former organisation continues to exist, an amount not exceeding the premium specified in that notice or that last notice.
s 18B: Ins 1981 No 116, Sch 2 (3).
Part 5
Benefits
Part 5 Benefits
Part 5 Benefits
19
Applicants for benefits
19 Applicants for benefits
19 Applicants for benefits
(1) A person who—
(a) when the person is a registered participant of a sporting organisation, suffers a compensable injury, whether within or outside New South Wales, while participating in an authorised activity of the organisation,
(b) when the person is an enrolled student participant of a school, suffers a compensable injury, whether within or outside New South Wales, while participating in an authorised activity of the school, or
(c) when the person is an enrolled participant of the Department, suffers a compensable injury, whether within or outside New South Wales, while participating in an authorised activity of the Department,
may apply to the Authority for a benefit under this Act.
(2) Where a person dies as a consequence of an injury suffered by the person, whether within or outside New South Wales—
(a) while participating in an authorised activity of a sporting organisation as a registered participant of the organisation,
(b) while participating in an authorised activity of a school as an enrolled student participant of the school, or
(c) while participating in an authorised activity of the Department as an enrolled participant of the Department,
the legal personal representative of that person may apply to the Authority for a benefit under this Act.
(3) This section has effect subject to sections 18 (2) and 20.
s 19: Subst 1984 No 65, Sch 1 (8).
20
Certain applications prohibited
20 Certain applications prohibited
20 Certain applications prohibited
(1) An application may not be made under section 19 unless—
(a) before the application is made, notice of the injury to which it relates was given in accordance with the rules, or
(b) the Authority considers that notice of the injury was not so given as a consequence of ignorance, mistake, absence from New South Wales, the nature of the injury to which the application relates or other reasonable excuse.
(2) Where an authorised activity of a school is also an authorised activity of the Department, an application may not be made under section 19 in relation to an injury suffered by a person while participating in the activity—
(a) as an enrolled participant of the Department, if an application has been duly made under that section in relation to the same injury suffered by the person while participating in the activity as an enrolled student participant of the school, or
(b) as an enrolled student participant of the school, if an application has been duly made under that section in relation to the same injury suffered by the person while participating in the activity as an enrolled participant of the Department.
s 20: Am 1984 No 65, Sch 1 (9).
21
Applications for benefits
21 Applications for benefits
21 Applications for benefits
(1) An application under section 19 shall—
(a) be made in or to the effect of a form prescribed by the rules,
(b) contain the particulars that are required to be inserted in it by the rules,
(c) be accompanied by such certificates, reports and other information as are required by the rules, and
(d) within 12 months after the injury or death to which it relates was suffered, be lodged at the place prescribed by the rules.
(2) Notwithstanding subsection (1) (d), an application under section 19 may be lodged more than 12 months after the injury or death to which it relates was suffered if the Authority considers that—
(a) failure to lodge the application within that period of 12 months was occasioned by ignorance, mistake, absence from New South Wales, the nature of the injury, the circumstances of the death or other reasonable excuse, and
(b) in the circumstances of the case, the application was lodged within a reasonable time after that period of 12 months.
22
Further information
22 Further information
22 Further information
(1) The Authority may, by notice served on a person by whom an application is made under section 19, require the person to furnish to it, by a date specified in the notice, information with respect to such further matters, relating to the person’s entitlement to be an applicant for a benefit under this Act, as may be specified in the notice.
(2) If a person fails to comply with the requirements of a notice served on the person under subsection (1) or, in purported compliance with a notice so served, furnishes information that the Authority decides is inadequate, the Authority may refuse to give further consideration to the person’s application and, if it does so, shall cause a notice of its refusal to be served on the person.
23
Refusal of certain applications
23 Refusal of certain applications
23 Refusal of certain applications
If the Authority finds that a person who made an application under section 19 was not entitled to make the application, it shall refuse the application and shall cause a notice of its refusal to be served on the person.
24
Assessment of injuries
24 Assessment of injuries
24 Assessment of injuries
(1) Where the Authority receives an application under section 19, the Authority may refer the application and any notice of injury to which it relates to a medical panel or a referee—
(a) in any case—for a report in respect of the injury or death to which the application relates, and
(b) in the case of an application under section 19 (1)—for an assessment under subsection (4).
(2) The Authority may, by notice served on an applicant for a benefit under section 25, require the applicant to attend before a medical panel or referee, at a time and place specified in the notice, for the purpose of an examination by the medical panel or referee.
(3) An applicant who—
(a) without reasonable excuse, fails to comply with the requirements of a notice served on the applicant under subsection (2), or
(b) in the course of being examined by a medical panel or referee, obstructs the medical panel or any of its members or the referee, as the case may be,
shall, for the purposes of subsection (4), be deemed not to have made himself or herself available for examination by a medical panel or referee and to have withdrawn his or her application.
(4) When an applicant for a benefit under this Act makes himself or herself available for examination by a medical panel or referee to which or whom his or her application has been referred under subsection (1), the medical panel or referee shall—
(a) make an assessment that specifies—
(i) the nature of the injury in respect of which the application was made, and
(ii) where the injury is described in Table A of Schedule 1 by reference to a prescribed percentage or is described in Part 1 of Table B of that Schedule—the degree, having regard to subsection (5), of the permanent loss, expressed in terms of a percentage, of any use or other capacity, referred to in that Schedule, suffered by the applicant as a consequence of the injury, and
(b) forward the assessment to the Authority.
(5) In making an assessment under subsection (4), the medical panel or referee shall—
(a) assess any loss of use or other capacity suffered by the applicant as a percentage of the relevant use or other capacity enjoyed by the applicant immediately before the injury was suffered, whether or not the applicant then was, or might have been, subject to any disability, and
(b) report in the assessment upon any relevant disability to which, in the opinion of the medical panel or referee, as the case may be, the person was, or may have been, subject immediately before the injury was suffered.
(5A) If the applicant has refused medical treatment that the medical panel or referee considers would be likely to result in an improvement in the applicant’s condition, the assessment under subsection (4) may be made on the assumption that the improvement likely to result from the refused treatment has in fact occurred, but only if the medical panel or referee is satisfied that the applicant’s refusal of the treatment is unreasonable.
(6) An applicant who attends before a medical panel or referee in compliance with a notice served on the applicant under subsection (2) is entitled to be paid by the Authority—
(a) the amount of any wages lost by the applicant, and
(b) the cost to the applicant of any fares, travelling expenses and maintenance necessarily and reasonably incurred by the applicant,
by reason of attending before the medical panel or referee, as the case may be.
(7) For the purposes of this Act, an assessment under subsection (4) by a medical panel of the degree of an injury in respect of which an amount of money is prescribed in Table A of Schedule 1 shall be conclusive.
s 24: Am 1984 No 92, Sch 1 (3); 2004 No 56, Sch 3 [1].
25
Payment of benefits for injuries
25 Payment of benefits for injuries
25 Payment of benefits for injuries
(1) Subject to this section, where the Authority—
(a) receives an assessment made by a medical panel or referee under section 24 (4) of a compensable injury, or
(b) is otherwise satisfied that an applicant for a benefit under this section has suffered a compensable injury,
in respect of which an application under section 19 (1) has been duly made, the Authority shall—
(c) if the injury is described in Table A of Schedule 1, pay to the applicant—
(i) where the injury is described in that Table by reference to a prescribed percentage—a proportion of the amount specified in that Table opposite the description of the injury, being either the proportion equivalent to the degree of the applicant’s injury that is set forth in the assessment, if any, or, where an assessment of the injury has not been made under section 24 (4) by a medical panel, that has been otherwise established to the satisfaction of the Authority, and
(ii) where the injury is otherwise described in that Table—the amount specified in that Table opposite the description of the injury, and
(d) if the injury is described in Table B of Schedule 1, pay to the applicant such amount (not exceeding the amount specified in that Table opposite the description of the injury) as the Authority thinks fit, having regard to the terms of the assessment, if any, or the degree of injury otherwise established to the satisfaction of the Authority.
(2) Subject to subsections (3), (4) and (5), where a person is entitled to a benefit under this section in respect of—
(a) a compensable injury consisting of the permanent loss of not less than the prescribed percentage of the use of both of his or her legs as a consequence of quadriplegia or paraplegia, the Authority shall pay the person $27,530 in addition to any other amount payable to the person under this section, or
(b) a compensable injury consisting of the permanent and total loss of sight of one eye and also suffers permanent and serious diminution of sight of his or her other eye, as a consequence of a single incident, the Authority shall pay the person not less than $39,500.
(3) Not more than $70,680 may be paid under this section in respect of compensable injuries suffered by an applicant for a benefit under this Act as a consequence of a single incident until 3 months have expired after the day on which the incident occurred.
(4) If a person suffers a single injury that comprises more than one compensable injury (being compensable injuries that overlap), the person is entitled to a benefit under this section only in respect of the compensable injury that results in the largest benefit. For example, if a person suffers an injury to a foot, a benefit is not payable for the compensable injury of loss of a foot and for a percentage loss of the lower part of the leg and for a percentage loss of the leg—in such a case the largest of the 3 amounts is payable.
(5) Notwithstanding any other provision of this section, the maximum amount payable under this section to an applicant for a benefit under this Act in respect of all injuries suffered by the applicant as a consequence of a single incident is $171,000.
s 25: Am 1983 No 71, Sch 1 (1); 1984 No 92, Sch 1 (3); 1991 No 23, Sch 1 (1); 1997 No 134, Sch 2 [2]–[5].
26
Payment of benefits for death
26 Payment of benefits for death
26 Payment of benefits for death
(1) In this section—
child, in relation to a deceased person, means a person—
(a) who is a child or stepchild of the deceased person, or
(b) to whom the deceased person stood in loco parentis immediately before death,
and who is under the age of 16 years or who is of or above that age but under the age of 21 years and is a person receiving full time education at a school, college or university.
dependant, in relation to a deceased person, means a child or spouse of the deceased person.
spouse of a deceased person includes a de facto partner of the deceased person at the time of his or her death.
(2) Subject to subsection (4), where an application under section 19 (2) has been duly made with respect to the death of a person while participating in an authorised activity of a sporting organisation as a registered participant of the organisation, the Authority, if the person was, at the time of the person’s death—
(a) of or above the age of 18 years, shall pay $70,680 and an additional $2,850 in respect of each child, if any, of the deceased person who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the person’s death, or
(b) under the age of 18 years and had at least 1 dependant who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the person’s death, may pay an amount not exceeding the amount that would be payable under paragraph (a) if the deceased person had died after attaining the age of 18 years.
(2A) Subject to subsection (4), where—
(a) an application under section 19 (2) has been duly made with respect to the death of a person—
(i) while participating in an authorised activity of a school as an enrolled student participant of the school, or
(ii) while participating in an authorised activity of the Department as an enrolled participant of the Department, and
(b) the person had at least 1 dependant who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the death occurred,
the Authority may pay an amount not exceeding the total of $70,680 and an additional $2,850 in respect of each child, if any, of the deceased person who was, in the opinion of the Authority, wholly or partly dependent for support upon the deceased person immediately before the death occurred.
(3) Any amount paid under subsection (2) (a) or (b) or (2A) shall be paid to the legal personal representative of the deceased person in respect of whom it is paid and shall form part of the deceased person’s estate.
(4) Notwithstanding any other provision of this section or section 25, the maximum amount payable under this section and section 25 in respect of all injuries suffered by a person as a consequence of a single incident and the death of the person as a consequence of those injuries is—
(a) if the person was a registered participant of a sporting organisation when the incident occurred and died when, or within 3 months after, the incident occurred—
(i) the amount payable under subsection (2) (a) in respect of the death of the person, or
(ii) the maximum amount payable under subsection (2) (b) in respect of the death of the person,
as the case may be,
(b) if the person was an enrolled student participant of a school or an enrolled participant of the Department when the incident occurred and died when, or within 3 months after, the incident occurred—the maximum amount payable under subsection (2A) in respect of the death of the person, or
(c) in any other case—$171,000.
s 26: Am 1983 No 71, Sch 1 (2); 1984 No 65, Sch 1 (10); 1991 No 23, Sch 1 (2); 1997 No 134, Sch 2 [6]–[8]; 2002 No 73, Sch 1.24 [1] [2]; 2010 No 19, Sch 3.98 [2] [3].
27
Certain funeral expenses payable
27 Certain funeral expenses payable
27 Certain funeral expenses payable
(1) Where a person dies as a consequence of an injury suffered in prescribed circumstances by the person, whether within or outside New South Wales, the Authority shall, on application made to it by—
(a) where the funeral expenses payable out of the deceased person’s estate have been paid, the person who paid those expenses, or
(b) where those expenses have not been paid, an applicant approved by the Authority, being—
(i) a parent of the deceased person,
(ii) a person who, in the opinion of the Authority, had a relationship to the deceased person, immediately before the death, substantially similar to that of a parent, or
(iii) the legal personal representative of the deceased person,
pay to the applicant the prescribed amount or those expenses, whichever is the lesser, if those expenses have been paid or, if those expenses have not been paid, pay to the applicant the prescribed amount.
(1A) An injury is suffered by a person in prescribed circumstances, within the meaning of subsection (1), if the injury is suffered by the person—
(a) while the person is participating in an authorised activity of a sporting organisation as a registered participant of the organisation,
(b) while the person is participating in an authorised activity of a school as an enrolled student participant of the school, or
(c) while the person is participating in an authorised activity of the Department as an enrolled participant of the Department.
(2) No amount is payable under subsection (1) in respect of the death of a person if any amount has previously been paid or is payable under section 26 to the legal personal representative of the person in respect of the death.
(3) In subsection (1), prescribed amount means $850 or, where another amount is prescribed by the regulations for the purposes of this subsection, that other amount.
s 27: Am 1981 No 116, Sch 4 (4); 1984 No 65, Sch 1 (11).
28
Administration of amounts payable to minors
28 Administration of amounts payable to minors
28 Administration of amounts payable to minors
(1) Any amount that is to be paid under section 25 by the committee to an applicant under the age of 18 years shall be paid to the NSW Trustee and Guardian to be held by the NSW Trustee and Guardian in trust for the applicant until the applicant attains the age of 18 years.
(2) Where the NSW Trustee and Guardian has been paid an amount pursuant to subsection (1) and the applicant who would be entitled to the amount, or the residue thereof, when he or she attains the age of 18 years, dies before he or she attains that age, the NSW Trustee and Guardian shall pay the amount, or the residue thereof, and any accretions thereto, to—
(a) a parent of the deceased applicant,
(b) a person who, in the opinion of the NSW Trustee and Guardian, had a relationship to the deceased applicant, immediately before the death, substantially similar to that of a parent, or
(c) the legal personal representative of the deceased applicant,
as the NSW Trustee and Guardian thinks fit.
s 28: Am 1984 No 65, Sch 2 (1); 2009 No 49, Sch 2.54.
28A
Special provision with respect to payment of benefits to mentally incapacitated persons
28A Special provision with respect to payment of benefits to mentally incapacitated persons
28A Special provision with respect to payment of benefits to mentally incapacitated persons
(1) If a benefit is payable under this Act to a person who is mentally incapacitated as a result of the compensable injury, the Authority may postpone payment of the benefit pending a determination by the relevant court or tribunal as to whether the estate of the person should be subject to management because the person is incapable of managing his or her own affairs.
(2) Pending the payment of the benefit, the Authority is required to pay the money into a trust fund established by the Authority for the mentally incapacitated person.
(3) However, if a trust fund for the mentally incapacitated person already exists, the Authority may pay the benefit into that trust fund if it considers that it is in the best interests of the person to do so.
s 28A: Ins 1991 No 23, Sch 1 (3).
29
Determinations by Court
29 Determinations by Court
29 Determinations by Court
(1) An applicant for a benefit under this Act, other than Schedule 3, who is aggrieved by any decision made under this Part by the Authority, other than a decision under section 26 (2) (b) or 27, may apply to the Court for a determination in relation to that decision.
(2) Not less than 21 days’ notice of an application under this section shall be given by the applicant to the Court and the Authority.
(3) The Authority is entitled to be represented at the hearing of an application under this section.
(4) The Court, after considering an application under this section, may make a determination that the decision of the Authority in respect of which the application was made—
(a) be confirmed, or
(b) subject to section 24 (7), be set aside and replaced by a different decision made by the Court.
(5) Where the Court makes a decision referred to in subsection (4) (b), that decision shall, for the purposes of this Part, be deemed to have been made by the Authority and shall be carried into effect.
(6) Subject to section 127 (Right of appeal to Supreme Court) of the District Court Act 1973, the Court has exclusive jurisdiction to examine, hear and determine applications under this section.
(7) The Court, after hearing an application under this section, may assess the costs of the successful party to the application (including costs of representation and witness expenses, if any) and order that the costs so assessed or any part of them be paid to the successful party by any other party within a time specified in the order.
(8) Where costs assessed under subsection (7) are not paid within the time specified in the order made under that subsection in respect of them, the person in whose favour the order was made may recover the costs in a court of competent jurisdiction as a debt due to the person by the person against whom the order was made.
(9) (Repealed)
s 29: Am 1984 No 92, Sch 1 (4); 2002 No 23, Sch 1.8 [3].
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
30
Regulations
30 Regulations
30 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed by regulations or that is necessary or convenient to be prescribed by regulations for carrying out or giving effect to this Act.
(2) A regulation making a prescription for the purpose of any provision of Table A of Schedule 1 may prescribe different percentages for the purpose of that provision with respect to injuries which arise out of or in the course of sporting or athletic activities which take place during different periods of time.
(3) Notwithstanding section 39 (1) (b) of the Interpretation Act 1987, a regulation prescribing a percentage for the purpose of any provision of Table A of Schedule 1, being a percentage which is smaller than that prescribed for the purpose of that provision with respect to injuries which arise out of or in the course of sporting or athletic activities which take place immediately before the regulation takes effect, may be made so as to have effect on and from a date specified in the regulation which is an earlier date than that on which the regulation is published in the Gazette.
s 30: Am 1981 No 116, Sch 1 (2); 1987 No 48, Sch 32.
31
Rules
31 Rules
31 Rules
(1) The Authority may make rules, not inconsistent with this Act or the regulations, for or with respect to any matter that by this Act is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) specifying, or providing for the determination of, the authorised activities of prescribed organisations,
(b) describing, or providing for the determination of, the persons who are to be treated as registered participants of sporting organisations, enrolled student participants of schools or enrolled participants of the Department,
(c) the keeping of registers of persons participating in any sporting or athletic activities, or recreational activities conducted or promoted by the Department, and the furnishing to the Authority or to any other person or association of copies—
(i) of any such register, and
(ii) of estimates of the numbers of persons who will participate in those activities,
(d) the giving of notice of injuries suffered in the course of sporting or athletic activities, or recreational activities conducted or promoted by the Department, and the keeping of records of any such injuries,
(e) the furnishing to the Authority of—
(i) returns and other information relating to any sporting or athletic activities, or recreational activities conducted or promoted by the Department, and injuries suffered in, or in connection with, any such activities, and
(ii) particulars of any actual or intended change in the composition or name of a sporting organisation, and
(f) the making of applications for benefits under this Act and the reimbursement (or non-reimbursement) by the Authority of any specific costs incurred in connection with the due making of those applications.
(1A) A rule may be made under section 31 (1) (f) for or with respect to the reimbursement by the Authority of any costs incurred in connection with an application duly made before the commencement of this subsection and not finally determined on that commencement.
(2) A provision of a rule may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind,
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or
(d) authorise the Authority to determine—
(i) that an activity of a kind described by the Authority shall, for the purposes of this Act, be deemed to be an authorised activity of a prescribed organisation specified by the Authority for a period so specified, which period may have wholly or partly occurred before the date of the determination, or
(ii) that a person who was not a registered participant of a sporting organisation, an enrolled student participant of a school or an enrolled participant of the Department at a time or during a period before the determination is made shall be treated as a registered participant of the sporting organisation, an enrolled student participant of the school or an enrolled participant of the Department, as the case may require, at that time or during that period,
or may do any combination of those things.
(2A) Forthwith after the Authority makes a determination under a rule made pursuant to subsection (2) (d), it shall forward a notice setting out particulars of the determination to the prescribed organisation to which the determination relates.
(3) The rules may impose a penalty not exceeding 2 penalty units for the breach of any of them.
(4) A rule has no effect unless it has been approved by the Governor.
s 31: Am 1981 No 116, Schs 3, 4 (5); 1984 No 65, Sch 1 (12); 1985 No 231, Sch 31; 1992 No 112, Sch 1; 1994 No 95, Sch 1; 1995 No 99, Sch 2.
32
Proceedings for offences
32 Proceedings for offences
32 Proceedings for offences
(1) Proceedings for an offence against this Act or the rules shall be disposed of summarily before the Local Court.
(2) Any such proceedings may be commenced by information laid within 12 months after the time when the offence is alleged to have been committed.
s 32: Am 1999 No 31, Sch 4.87; 2007 No 94, Sch 4.
33
False or misleading applications etc
33 False or misleading applications etc
33 False or misleading applications etc
A person shall not, in or in connection with an application under this Act or a return under the rules—
(a) make a statement, or
(b) furnish information,
that the person knows, or has reasonable cause to suspect, is false or misleading in a material particular.
Maximum penalty—5 penalty units.
s 33: Am 1992 No 112, Sch 1.
34
Service of notices
34 Service of notices
34 Service of notices
A notice under this Act may be served on—
(a) an individual, by—
(i) leaving it with him or her or with some person apparently of or above the age of 18 years, at his or her place of residence or business last known to the Authority, or
(ii) posting it to him or her by certified mail addressed to him or her at either of those places,
(b) a body corporate, by leaving it at or by posting it by certified mail addressed to its registered office in New South Wales or its principal place of business, or
(c) an unincorporated association, by serving it in any manner specified in paragraph (a) on any member of the governing body of the association.
An instrument made out for the purpose only of acknowledging the receipt, deposit or payment of any amount paid or to be paid to the Authority under Part 4 is not a policy of insurance for the purposes of the Stamp Duties Act 1920 and section 88 of that Act does not apply to the Authority or any other person in respect of the Authority or the person receiving or taking credit for any such amount.
35A
Certain claims against the Authority and others
35A Certain claims against the Authority and others
35A Certain claims against the Authority and others
(1) In this section, damages includes—
(a) a benefit payable pursuant to a system of compensation under the legislation of another State or a Territory of the Commonwealth or of any country other than Australia,
(b) an amount payable under a contract of insurance or assurance,
(c) an amount payable by way of damages under a law of New South Wales, of another State or a Territory of the Commonwealth or of any country other than Australia, and
(d) an amount payable in circumstances prescribed by the regulations.
(1A) A reference in this section to the Authority includes a reference to the Self Insurance Corporation to the extent that this section applies in relation to benefits paid from the Supplementary Fund.
(2) Where a death or an injury in relation to or for which a benefit is payable under this Act in respect of or to an enrolled student participant of a school or an enrolled participant of the Department was caused under circumstances creating a legal liability in some person (in this section referred to as the liable person) to pay damages in respect thereof, the person entitled to a benefit payable under this Act in relation to the death or injury (in this section referred to as the entitled person) may take proceedings both against the liable person to recover damages and against the Authority to recover the benefit but, subject to this section, shall not be entitled to retain both damages and the benefit.
(3) If the entitled person recovers firstly the benefit and secondly damages, the entitled person shall be liable to repay to the Authority out of the damages the amount of the benefit (or, where the amount of the damages is less than the amount of the benefit, the amount of the damages), and the entitled person shall not be entitled to the payment of any further benefit under this Act in respect of the incident as a consequence of which the death or injury occurred, except where (and to the extent, if any, that) the regulations otherwise provide.
(4) If the entitled person firstly recovers damages, the entitled person shall not be entitled to recover a benefit under this Act in respect of the incident, except where (and to the extent, if any, that) the regulations otherwise provide.
(5) If the entitled person has recovered a benefit under this Act, the Authority shall be entitled to be indemnified by the liable person to the extent of the amount of the benefit.
(6) Where any payment is made under the indemnity referred to in subsection (5) and, at the time of the payment, the entitled person has not obtained judgment for damages against the liable person, the payment shall, to the extent of its amount, be a defence to proceedings by the entitled person against the liable person for damages.
(7) All questions relating to matters arising under this section or regulations made for the purposes of this section shall, in default of agreement—
(a) be settled by proceedings brought in a court of competent jurisdiction, or
(b) with the consent of the parties, be settled by the Court.
s 35A: Ins 1984 No 65, Sch 1 (13). Am 1984 No 65, Sch 2 (2); 2015 No 19, Sch 9 [17].
35B
Liability of concurrent tortfeasors
35B Liability of concurrent tortfeasors
35B Liability of concurrent tortfeasors
(1) In this section, damages, entitled person and liable person have the meanings respectively ascribed thereto in section 35A.
(2) Where an entitled person is entitled to recover damages independently of this Act both from the Crown and from another liable person and—
(a) the entitled person recovers damages from the other liable person but does not seek to recover damages from, or does not proceed to judgment against, the Crown, or
(b) judgment in an action by the entitled person is given against both the Crown and the other liable person but the entitled person refuses to accept satisfaction of the judgment against the Crown,
section 35A applies to the case as if the entitled person had not been entitled to recover the damages from the Crown, and the Crown has, to the extent of the amount, if any, of the benefit paid by the Authority, a defence to an action by the other liable person against the Crown for a contribution as a concurrent tortfeasor.
(3) A reference in this section to the Authority includes a reference to the Self Insurance Corporation to the extent that this section applies in relation to benefits paid from the Supplementary Fund.
s 35B: Ins 1984 No 65, Sch 1 (13). Am 2015 No 19, Sch 9 [18].
36
Payment of benefits subject to discretion
36 Payment of benefits subject to discretion
36 Payment of benefits subject to discretion
Schedules 3 and 4 have effect.
s 36: Subst 1984 No 65, Sch 1 (14).
37
Savings and transitional provisions
37 Savings and transitional provisions
37 Savings and transitional provisions
Schedule 5 has effect.
s 37: Ins 1997 No 134, Sch 2 [9].
Schedule 1
Benefit tables
Schedule 1 Benefit tables
Schedule 1 Benefit tables
(Sections 4 (1), 25)
| Table A | $ |
| Part 1 Injuries related to arms | |
| Permanent loss of not less than the percentage, prescribed by the regulations, of the use of— | |
| (a) either arm or the greater part of an arm | 43,265 |
| (b) lower part of either arm | 37,050 |
| (c) either hand or 4 fingers and thumb of either hand | 37,050 |
| (d) thumb | 16,075 |
| (e) index finger | 10,715 |
| (f) middle, ring or little finger | 5,645 |
| Part 2 Injuries related to legs | |
| Permanent loss of not less than the percentage, prescribed by the regulations, of the use of— | |
| (a) either leg or the greater part of a leg | 39,500 |
| (b) lower part of either leg | 33,970 |
| (c) foot | 32,945 |
| (d) great toe | 10,715 |
| Part 3 Injuries related to sight | |
| | 55,575 |
| | |
| (a) one eye, if it was the only sighted eye | 39,500 |
| (b) one eye, if it was not the only sighted eye | 23,030 |
| Part 4 Miscellaneous injuries | |
| | |
| (a) hearing in both ears | 33,970 |
| (b) power of speech | 33,970 |
| | 12,310 |
| | |
| (a) both kidneys (or of one kidney, if it was the only functioning kidney) | 58,710 |
| (b) one kidney, if it was not the only functioning kidney | 7,070 |
| (c) spleen | 7,070 |
| Table B | $ |
| Part 1 Injuries related to cognition | |
| Permanent loss of— | |
| (a) mental capacity | 171,000 |
| (b) sense of smell | 9,290 |
| (c) sense of taste | 9,290 |
| Part 2 Physical injuries | |
| Permanent loss of— | |
| (a) all sexual organs or part of them | 27,530 |
| (b) sightless eye | 12,310 |
sch 1: Am 1981 No 116, Sch 1 (3). Subst 1983 No 71, Sch 1 (3); 1991 No 23, Sch 1 (4); 1997 No 134, Sch 2 [10]. Am 2019 No 1, Sch 2.29.
Schedule 2
Schedule 2
Schedule 2 (Repealed)
sch 2: Am 1984 No 65, Sch 2 (3); 1984 No 92, Sch 2; 1987 No 79, Sch 1; 1988 No 132, Sch 2; 1989 No 121, Sch 1; 1990 No 108, Sch 1; 1997 No 134, Sch 2 [11]–[14]; 1999 No 94, sec 7 (1) and Sch 5, Part 1. Rep 2012 No 54, Sch 3.5 [12].
Schedule 3
Payment of benefits from the Fund subject to discretion in certain cases
Schedule 3 Payment of benefits from the Fund subject to discretion in certain cases
Schedule 3 Payment of benefits from the Fund subject to discretion in certain cases
(Section 36)
sch 3, hdg: Subst 1981 No 116, Sch 1 (4) (a). Am 1984 No 65, Sch 1 (15).
sch 3: Am 1981 No 116, Sch 1 (4) (b)–(h).
Schedule 4
Payment of benefits from the Supplementary Fund subject to discretion in certain cases
Schedule 4 Payment of benefits from the Supplementary Fund subject to discretion in certain cases
Schedule 4 Payment of benefits from the Supplementary Fund subject to discretion in certain cases
(Section 36)
sch 4: Ins 1984 No 65, Sch 1 (16).
Schedule 4A
Provisions relating to chief executive
Schedule 4A Provisions relating to chief executive
Schedule 4A Provisions relating to chief executive
(Section 9)
sch 4A: Ins 2015 No 19, Sch 9 [19].
Schedule 5
Savings and transitional provisions
Schedule 5 Savings and transitional provisions
Schedule 5 Savings and transitional provisions
(Section 37)
sch 5: Ins 1997 No 134, Sch 2 [15]. Am 2000 No 44, Sch 12.5; 2002 No 73, Sch 1.24 [3] [4]; 2004 No 56, Sch 3 [2] [3]; 2012 No 54, Sch 3.5 [13]–[15].
1A
Effect of GST
1A Effect of GST
1A Effect of GST
(1) Without limiting clause 1, the regulations may contain provisions of a savings or transitional nature that may be necessary or convenient as a consequence of the enactment of the Acts of the Commonwealth that impose, or relate to the imposition of, goods and services tax.
(2) If the regulations so provide, a provision referred to in subclause (1) has effect despite any other provision of this Act.
(3) A regulation made pursuant to this clause, unless sooner revoked or otherwise ceasing to have effect, ceases to have effect on 1 July 2003.
(4) A regulation made pursuant to this clause may not be made or published after 1 July 2003.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Sporting Injuries Insurance Act 1978.
2 Commencement
2 Commencement
2 Commencement
(1) Section 1, Part 2, Part 6 (other than section 36), Schedule 2 and this section shall commence on the date of assent to this Act.
(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Notes
3 Notes
3 Notes
Notes included in this Act do not form part of this Act.
s 3: Am 1981 No 116, Schs 1 (1), 2 (1); 1984 No 65, Sch 1 (2). Rep 1999 No 31, Sch 5.99. Ins 2010 No 19, Sch 3.98 [1].
4 Definitions
4 Definitions
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
authorised activity, in relation to a prescribed organisation, means an activity of a kind that is—
(a) specified in relation to the organisation in the rules, or
(b) pursuant to the rules, deemed to be an authorised activity in relation to the organisation.
Authority means the Sporting Injuries Compensation Authority constituted under this Act.
chief executive means the chief executive of the Authority appointed under this Act.
compensable injury means an injury in respect of which an amount of money is prescribed in Schedule 1.
Court means the District Court of New South Wales established under the District Court Act 1973.
Department means the Office of Sport.
enrolled participant, in relation to the Department, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as an enrolled participant of the Department for the purposes of this Act.
enrolled student participant, in relation to a school, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as an enrolled student participant of the school for the purposes of this Act.
The Act interacts with other New South Wales and Commonwealth statutory frameworks. The worker definition in the Workplace Injury Management and Workers Compensation Act 1998 is displaced where a sporting organisation fails to pay its premium (s 18(1)). The Authority must have premium determinations approved by the State Insurance Regulatory Authority (s 16(2A)) and may invest funds under the Government Sector Finance Act 2018 if it is a GSF agency (s 12). The Act provides recovery and subrogation features where damages are recoverable from third parties (ss 35A-35B).
In short, the Act creates a premium‑funded statutory benefits scheme administered by a government agency, with specified application, assessment and recovery rules, an exemption pathway tied to private insurance and a set of statutory benefit tables and monetary caps.
Main concepts
The Act builds on a few key institutional and actuarial concepts that determine how money flows, who is covered and how claims are decided.
Prescribed organisations and authorised activities: The Minister (or chief executive with Ministerial consent) may declare persons or bodies to be sporting organisations for particular activities (s 5). The Authority and its rules specify which activities are “authorised activities” for each prescribed organisation (s 4). Rules may deem activities to be authorised for specific periods, even retrospectively for limited purposes (s 31(2)(d)).
Registered and enrolled participants: Coverage depends on participant status under an organisation’s rules, or determinations by the Authority. “Registered participant” applies to sporting organisations; “enrolled student participant” to schools; “enrolled participant” to the Department. The Act includes deeming provisions when activities overlap between organisations, schools and the Department (s 4(1A)-(1B)).
Funds and financing: The Fund receives premiums and levies and pays administrative costs, claims for registered participants and other items set out in s 11. The Supplementary Fund (s 11A) covers enrolled students and Department participants and is maintained by the Self Insurance Corporation, with quarterly recoupment notices to Treasury (s 11B). Premiums are set by the Authority on an equitable basis taking into account activity nature, period, past premiums and other criteria; and premiums must be sufficient to meet Fund liabilities (s 16(1)-(4)). Premium determinations for the Sporting Injuries Fund require approval by the State Insurance Regulatory Authority (s 16(2A)).
Insurance exemption and private insurance interaction: The Authority may grant an insurance exemption to a sporting organisation that demonstrates adequate private insurance covering at least the same benefits as the Act (s 5A(1)-(3)). An exemption removes the premium obligation but removes statutory benefit entitlements for registered participants during the exemption period (s 5A(2)(a)-(b)). Each exemption instance attracts a levy of 10% of the determined premium amount, payable into the Fund (s 5A(5)-(7)). Exemptions are cancellable if adequate insurance ceases or for other discretionary reasons after giving an opportunity to make written submissions (s 5A(8)-(9)).
Assessment and conclusive medical findings: The Act treats medical assessors under the Workplace Injury Management and Workers Compensation Act 1998 as referees (s 6(1)). The Authority may refer claims to referees or medical panels for report and assessment (s 24(1)). For injuries listed in Table A of Schedule 1, the medical panel’s assessment of the degree of injury is conclusive (s 24(7)). Medical panels assess permanent loss as a percentage of pre‑injury capacity and must take account of pre‑existing disabilities (s 24(4)-(5)).
Benefit tables and caps: Schedule 1 sets fixed monetary amounts for many listed injuries (Table A and Table B). Section 25 prescribes payment mechanics, including that if multiple overlapping compensable injuries arise from a single incident, only the single compensable injury producing the largest benefit is payable (s 25(4)). There are temporal caps on payments in the immediate three months after an incident (s 25(3)), an aggregate cap per single incident (s 25(5)), and death benefit caps and interactions with injury benefits (s 26(2)-(4)).
Recovery and subrogation: Where damages might be recoverable from a liable third party, the entitled person may bring proceedings against both the liable person and the Authority, but cannot retain both benefit and damages (s 35A(2)-(4)). The Authority has a right to be indemnified by the liable person for benefits paid (s 35A(5)), and payment under that indemnity may operate as a defence to later proceedings (s 35A(6)). Section 35B deals with concurrent tortfeasor scenarios involving the Crown.
These concepts interact to determine incentives. Premium-setting aligned to Fund sufficiency (s 16(4)) imposes actuarial and administrative costs on sporting organisations. The exemption route shifts risk onto private insurers but imposes a 10% levy and removes statutory benefit entitlement (s 5A). Failure to pay premiums triggers legal and coverage consequences (s 18). Medical panels’ conclusive assessments for Table A (s 24(7)) reduce litigation over quantum for those listed injuries but not for Table B or discretionary awards.
Who it affects
Identify who pays, who claims, who decides, and the secondary parties affected.
Sporting organisations: Individuals, corporations or unincorporated associations that the Minister or chief executive declares to be sporting organisations for specific activities are directly affected (s 5). Declared organisations are subject to premium determinations (s 16), notices to pay premiums (s 17), adjustment notices (s 18A), civil liability for unpaid adjustments (s 18A(4)), and possible repayment of premiums on cessation of declared status (s 18B). Organisations may apply for an insurance exemption, but if granted they lose the obligation to pay premiums under Part 4 and statutory benefits for their registered participants are excluded during the exemption (s 5A).
Registered participants: Persons treated as registered participants under an organisation’s rules may apply for benefits where they suffer a compensable injury while participating in an authorised activity (s 19(1)(a); s 4(1) definitions). Coverage and entitlement depend on premium payment status; if the sporting organisation’s premium remains unpaid, participants may be excluded until payment (s 18(2)).
Schools, enrolled student participants and the Department: Schools (government and registered non‑government under the Education Act 1990) and the Department are “prescribed organisations” for relevant activities (s 4). Enrolled student participants and enrolled participants of the Department fall within the Supplementary Fund when they suffer compensable injury (s 19(1)(b)-(c); s 11A(3)). The Supplementary Fund’s finances are administered by the Self Insurance Corporation and recouped quarterly from Treasury where required (ss 11A, 11B).
Insurers and private market: Where a sporting organisation obtains an insurance exemption, that organisation must hold private insurance that provides benefits at least as large as those payable under the Act, and the insurer must be authorised under the Commonwealth Insurance Act 1973 (s 5A(3)). Thus authorised insurers are affected because an exemption transfers statutory risk to private insurance markets, subject to regulatory requirements.
Directors and governing body members: Adjustment notices for underestimates of prescribed variables can become debts recoverable from directors of corporates or governing body members of unincorporated associations if unpaid (s 18A(4)). If recovered from such persons, they may be entitled to contribution from co‑directors or governing body members (s 18A(6)).
Courts and legal system: The District Court has exclusive jurisdiction to determine challenges to Authority decisions under Part 5, and cost orders may be made after hearings (s 29(1), (6)-(7)). Local Court handles summary proceedings under the Act or rules with time limits for information laying (s 32).
Government agencies and the Minister: The Authority is a NSW Government agency under the control and direction of the Minister except for the content of any advice or report it gives the Minister (s 7; s 7A). The Authority must obtain approval from the State Insurance Regulatory Authority for premium determinations affecting the Sporting Injuries Fund (s 16(2A)) and may make payments approved by Ministers under certain clauses (s 11(3)(a2)-(a3)).
Claimants and beneficiaries: Applicants for benefits and their legal personal representatives are affected by the benefit table structure and caps (ss 25-28). Minors’ payments are held by NSW Trustee and Guardian until age 18 (s 28). Mentally incapacitated persons have special administration arrangements (s 28A).
Third party tortfeasors: Where a liable person exists, the Authority can be indemnified and the claimant must account to the Authority for benefit amounts recovered or may be barred from obtaining benefits if damages are recovered first (ss 35A-35B).
In short, the Act directly regulates declared organisations’ premium and reporting obligations, participants’ entitlement processes, insurers through the exemption pathway, and the State’s fiscal exposure through two named funds. It also places potential personal financial exposure on directors and governing body members where adjustment debts are recovered (s 18A(4)).
Key duties and rights
This section lists concrete obligations and rights created by the Act, and the decision points that matter for implementers.
Authority duties and powers
Establish, administer and control the Sporting Injuries Fund (s 11(1)). The Fund must be used to meet administration costs related to registered participants and sporting organisations and claims for those registered participants (s 11(3)).
Determine premiums for sporting organisations on an equitable basis, taking specific criteria into account, and ensure premiums and Fund income are sufficient to meet liabilities (s 16(1)-(4)). Premium determinations for the Sporting Injuries Fund require State Insurance Regulatory Authority approval (s 16(2A)).
Serve notices to sporting organisations specifying premium amounts and due dates, and issue adjustment notices if prescribed variables are later found to be underestimated (ss 17; 18A).
Grant, renew and cancel insurance exemptions where the Authority is satisfied that private insurance is adequate or if other reasons justify cancellation, and impose the 10% levy on exemptions (s 5A(1)-(9)).
Compile statistics, cooperate with relevant organisations and initiate injury prevention policies (s 8).
Sporting organisation duties and rights
Pay premiums as determined and notified (ss 16-17). Failure to pay may have statutory consequences including losing the applicability of paragraph (d) of the worker definition in the Workers Compensation Act for the organisation’s participants (s 18(1)), and registered participants may not be treated as registered for some purposes until payment is made (s 18(2)).
Supply registers, returns, estimates and particulars as required by rules (s 31(1)(c), (e)). Rules may impose penalties up to 2 penalty units for breaches (s 31(3)).
Apply to the Authority for an insurance exemption and, if granted, pay the 10% levy (s 5A(1), (5)-(7)). Exemptions remove premium obligations but also remove claims under this Act for registered participants during the exemption (s 5A(2)(a)-(b)).
Applicant duties and rights
Applicants for benefits must give notice of injury in accordance with rules before making an application unless a reasonable excuse exists (ss 20; s 21(1)(a)). Applications must be in prescribed form with prescribed particulars and supporting certificates, and be lodged within 12 months of injury or death, subject to Authority discretion to accept late claims (s 21).
Applicants must attend medical panels or referees if required and provide information when requested by the Authority; failure to comply may lead to refusal or deeming withdrawal (ss 22; 24(2)-(3)).
For Table A injuries, the medical panel’s assessment is conclusive as to the degree of injury (s 24(7)).
Applicants aggrieved by Authority decisions (except limited categories) may seek determinations from the District Court; the Authority may be represented and costs orders may be made (s 29).
Financial and recovery rights and obligations
Schedule 1 prescribes monetary amounts for many injuries; section 25 and 26 specify how those amounts are payable and additional payments in certain severe cases, including per incident and aggregate caps (s 25(2)-(5); s 26(2)-(4); Schedule 1).
The Authority has subrogation/indemnity rights where damages may be recovered from liable third parties; claimants who recover damages first may be barred from benefits (ss 35A(2)-(5)). Section 35B addresses situations involving concurrent tortfeasors and Crown liability.
Administrative rights and constraints
The Minister controls and directs the Authority in exercising its functions except for the content of any advice or report given to the Minister (s 7A).
The chief executive is appointed by the Minister and manages the Authority; the chief executive may delegate functions subject to section 10 (ss 9; 10; Schedule 4A).
Rules and regulations may prescribe detailed operational requirements with limited penalties for breaches and are subject to Governor or Ministerial/State Insurance Regulatory Authority approvals as specified (ss 30-31).
Penalties and procedural obligations
False or misleading statements in applications or returns are an offence with a maximum penalty of 5 penalty units (s 33).
Offences under the Act or rules are dealt with summarily in the Local Court and must be commenced within 12 months from the offence time (s 32).
These duties and rights allocate operational responsibilities to the Authority, financial obligations to sporting organisations, administrative compliance duties to applicants and organisations, and recovery/subrogation rights to the Authority against liable third parties.
Penalties and enforcement
The Act provides a mix of civil recovery mechanisms, administrative cancellation powers, summary criminal penalties and court review processes. Enforcement operates through financial recovery, denial of coverage, civil actions and summary prosecutions.
Financial enforcement and civil recoveries
Adjustment notices for underestimates of prescribed variables become debts recoverable by the Authority if unpaid after the notice period (s 18A(4)). Where the sporting organisation is a body corporate, the debt is recoverable from any director at the time of service; where it is an unincorporated association, from any member of the governing body (s 18A(4)(a)-(b)). Courts may order recovery from monies held in trust or sale of property in proceedings against governing body members (s 18A(5)). If the Authority recovers amounts from the organisation or from a director or governing member, the liability of the individuals is correspondingly reduced and contributors may seek proportional recovery from co‑directors or co‑members (s 18A(6)).
Premiums determined under s 16 and notified under s 17 are payable as required by notice; failure to pay triggers coverage consequences and potential civil recovery. Section 18(2) provides that where a premium is unpaid, a person who suffers injury while participating in an authorised activity is not, for specified purposes, a registered participant until the premium is paid, though retrospective effect may attach if payment is made within the specified period (s 18(2)).
Denial of statutory coverage and regulatory consequences
Non‑payment of premium by 30 June following the due day has a statutory consequence under s 18(1): paragraph (d) of the definition of “worker” in the Workers Compensation Act 1998 is deemed not to apply to persons participating in the organisation’s authorised activities for the relevant year, and the organisation is deemed to be their employer for that period. That has direct legal and insurance consequences for employers’ obligations and affects participants’ entitlements under workers compensation regimes.
The Authority may cancel an insurance exemption if it becomes satisfied that the organisation does not or will not have adequate private insurance, or for “any other reason” after providing a reasonable opportunity to make written submissions (s 5A(8)-(9)). Cancellation will reinstate premium and statutory benefit regimes for the organisation.
Criminal and summary penalties
Making false or misleading statements in or in connection with applications under the Act or a return under the rules is an offence carrying a maximum penalty of 5 penalty units (s 33). The rules themselves may create offences with penalties not exceeding 2 penalty units (s 31(3)).
Proceedings for offences under the Act or the rules are disposed of summarily in the Local Court; information must be laid within 12 months after the alleged offence (s 32).
Court review and costs
Applicants aggrieved by most decisions of the Authority under Part 5 may apply to the District Court for a determination (s 29(1)). The Court has exclusive jurisdiction for such applications (s 29(6)). The Court may confirm or set aside and replace the Authority’s decision, and may assess costs of the successful party which can be recovered as a debt if not paid (s 29(4), (7)-(8)).
Section 35A gives the Authority an entitlement to indemnity from a liable third party where the Authority has paid benefits that would otherwise be the subject of damages proceedings. Payment under an indemnity can operate as a defence to later proceedings against the liable person (s 35A(5)-(6)). These provisions provide an enforcement route to preserve public funds by subrogation to recover payments from wrongdoers.
Administrative accountability and ministerial powers
The Authority is a government agency subject to Ministerial control and direction generally, except for the content of any advice or report given to the Minister (s 7A). The Minister appoints the chief executive who manages and controls Authority affairs and can remove the chief executive at will (ss 9; Schedule 4A cl 4). Those governance features affect how enforcement policies and priorities are set and implemented.
Summary of enforcement risks for stakeholders
Sporting organisations face civil recovery of unpaid adjustments and potential director or member liability (s 18A).
Participants may lose statutory coverage if organisations do not pay premiums (s 18).
Applicants face summary criminal penalties for false applications or returns (s 33).
The Authority has statutory subrogation rights to recover benefits from liable third parties (s 35A).
How it interacts with other laws
The Act is expressly drafted to operate alongside a number of other NSW and Commonwealth statutes. These interactions create practical constraints and channels for enforcement, investment, private insurance interaction and dispute resolution.
Key statutory cross‑references in the Act
Workplace Injury Management and Workers Compensation Act 1998: Medical assessors under that Act are taken to be referees under this Act and exercise their functions here (s 6(1)). Section 18(1) interacts directly with the definition of “worker” under the Workers Compensation Act by deeming paragraph (d) of the worker definition not to apply where a sporting organisation has not paid required premiums by the specified date; the organisation is deemed the employer for the relevant period (s 18(1)). This produces a direct interface between the statutory sporting injuries scheme and the workers compensation regime.
District Court Act 1973: “Court” is defined to mean the District Court of New South Wales (s 4). The District Court has exclusive jurisdiction to hear challenges to Authority decisions under Part 5, subject to the appeal right under s 127 of the District Court Act (s 29(6); see s 29(6) referencing s 127). The Act also provides for possible payment from the Fund toward District Court operating costs relating to Part 5 determinations, where agreed between Ministers (s 11(3)(a1)).
Government Sector Finance Act 2018: Investment capabilities for the Authority and the Self Insurance Corporation depend on GSF agency status; if a GSF agency, each may invest funds under the investment powers conferred by that Act (s 12(1)-(2)). If not a GSF agency, investments require Ministerial and Treasurer concurrence (s 12(1)(b); s 12(2)(b)).
NSW Self Insurance Corporation Act 2004: The Supplementary Fund is administered by the Self Insurance Corporation established under that Act (s 11A(1)). The Act cross‑references the Corporation’s powers to invest and responsibilities to ensure sufficiency to meet liabilities (s 11A(4); s 12(2)).
Insurance Act 1973 (Commonwealth): For a sporting organisation to qualify for an insurance exemption, the private insurer must be a body corporate authorised under the Commonwealth Insurance Act 1973 to carry on insurance business (s 5A(3)(c)).
Corporations Act 2001 (Commonwealth): When the Authority pursues recovery of adjustment debts from a body corporate, section 18A(4)(a) makes any person who was a director at the time of service personally liable. The definition of “director” is drawn from the Corporations Act (s 18A(4)(a) references the Corporations Act).
Stamp Duties Act 1920: The Act expressly excludes instruments made only to acknowledge receipt, deposit or payment of premiums under Part 4 from the definition of a policy of insurance for the Stamp Duties Act (s 35), and excludes section 88 of that Act from applying to the Authority for such instruments.
Interpretation Act 1987: The Act signals that general interpretation rules, definitions and de facto partner definitions are contained in the Interpretation Act (s 4 note; s 26 definitions referencing Interpretation Act provisions).
Regulatory connectors and approvals
State Insurance Regulatory Authority approval is required for premium determinations related to the Sporting Injuries Fund (s 16(2A)). This creates a regulatory check on premium setting by the Authority.
Regulations and rules made under the Act can prescribe details about authorised activities, registers, notices of injury and assessment forms (ss 30-31). Regulations may, in prescribed circumstances, set different percentages for Table A provisions and can have retroactive effect from a specified earlier date for amended percentages (s 30(2)-(3)). Rules may deem activities or persons to be authorised or registered for periods that may have partly occurred before the determination is made (s 31(2)(d)).
Recovery and tort law interface
The Act contemplates claimants bringing concurrent proceedings for damages from liable third parties and recovery of benefits from the Authority. Sections 35A and 35B implement a subrogation/indemnity scheme and allocate consequences where recoveries are made from third parties, including in concurrent tortfeasor situations involving the Crown (ss 35A-35B).
Administrative employment law
The office of chief executive is a statutory office not governed by the Government Sector Employment Act 2013 Public Service employment provisions, but Schedule 4A treats the chief executive as a holder of a position in a government sector agency for certain purposes (Schedule 4A cl 6).
Taken together, these interactions mean the Act is not a stand‑alone code; it relies on workers compensation definitions and processes, interacts with courts under the District Court Act, depends on insurer authorisation under Commonwealth law for exemption eligibility, and requires inter‑agency approvals for premium setting and investments. Practitioners must therefore read the Act alongside the referenced statutes when advising clients on coverage, premium liability, recovery rights and litigation strategy.
Amendment history
The Act text carries numerous marginal amendment notes and insertions that indicate how it has been altered over time. The embedded amendment notes in the printed Act identify insertions, repeals and substitutions to specific sections and schedules. The Act as provided includes those amendments in the operative text; the following summarises express amendment markers appearing in the source.
Part and section insertions: Several sections and schedules were inserted or substituted at different times, as indicated by marginal notes. For example, sections relating to commencement, definitions and the Authority’s constitution include amendment annotations (see s 3 marginal note referencing Am 1981 No 116; 1984 No 65; Ins 2010 No 19; Rep 1999 No 31; see s 4 amendment history references). Schedule 4A and Schedule 5 items were inserted in later amendment Acts (see Schedule 4A header Ins 2015 No 19, Sch 9 [19]).
Creation of the Supplementary Fund and associated recoupment rules: Section 11A establishing the Supplementary Sporting Injuries Fund and section 11B (recoupment to the Supplementary Fund) are expressly shown as enacted and amended at various times (see s 11A Ins 1984 No 65, Sch 1 (6); Am 2015 No 19, Sch 9 [10]-[12]; s 11B Ins 1984 No 65, Sch 1 (6); Am 2015 No 19, Sch 9 [12]-[14]).
Devolution of administration and abolition: Schedule 5 records transitional provisions including abolition of the Sporting Injuries Committee and transfer of assets to other authorities; this is flagged in the Act as an insertion or amendment at a later date (Schedule 5 note Ins 1997 No 134, Sch 2 [15]).
Premium and fund governance: Section 16 was amended to require approval from the State Insurance Regulatory Authority for premium determinations relating to the Sporting Injuries Fund (s 16(2A) present as an amendment , see note s 16: Am 2015 No 19, Sch 9 [16]).
Medical assessment adjustments: Section 24(5A) , allowing assessments to assume improvement from refused treatment in certain circumstances , was added and extended to pre‑existing injuries by subsequent amendment (see notation under Schedule 5 Part 4 that s 24(5A) extends to injuries received before commencement, and s 24 notes Amendments 2004 No 56, Sch 3 [1]).
Insurance exemption regime: Section 5A was inserted to create the insurance exemption and levy (s 5A Ins 2002 No 124, Sch 3 [1]). The insertion included detailed conditions for adequate private insurance and levy mechanics (s 5A(3), (5)-(7)).
Financial and governance conformity: Investment and governance provisions reference later statutes such as the Government Sector Finance Act 2018 and the State Insurance and Care Governance Act 2015, with amendments to s 12 and s 11 aligning investment powers and Fund payment authorisations to those frameworks (s 12 Subst 2015 No 19, Sch 9 [15]; s 11(3)(a3) references the Minister approving payments under State Insurance and Care Governance Act 2015).
This summary lists only the amendment markers that appear in the Act text provided; it does not purport to be an exhaustive legislative history prepared from external records. Practitioners needing a definitive chronology should consult consolidated versions of the Act and the respective amending Acts listed in the marginal notes to confirm dates of commencement, transitional arrangements and the full text changes. The Act itself contains footnote‑style amendment references beside many sections and schedules (for example, s 4 and s 11 carry sets of amendment citations), which should be used to trace the exact amending instruments.
Litigation history
The Act as provided does not record case law decisions. It specifies dispute resolution pathways and court jurisdictions but does not cite particular judgments or reported litigation. Relevant procedural and jurisdictional provisions include:
District Court exclusive jurisdiction for appeals from Authority decisions under Part 5, subject to a further appeal right to the Supreme Court as set out in the District Court Act (s 29(1), (6); reference to s 127 of the District Court Act) and costs orders under s 29(7)-(8).
Conclusive medical panel assessments for injuries listed in Table A (s 24(7)), which will constrain factual disputes about percentage loss for those injuries and will shape litigation strategy where the applicant disputes the assessment.
Subrogation and indemnity provisions (s 35A) and concurrent tortfeasor rules (s 35B) which prescribe the interaction between statute benefits and common law damages. These provisions create procedural choices for claimants who may commence parallel proceedings against liable third parties and the Authority but face rules limiting double recovery and imposing duties to account for benefit amounts recovered.
Summary enforcement proceedings in the Local Court for offences against the Act or the rules (s 32) and civil recovery of adjustment notices (s 18A(4)).
Because the Act does not list cases, the legislative text offers the framework in which litigation will occur rather than examples of judicial interpretation. Practitioners must therefore look to District Court and higher court decisions applying (a) the Act’s medical assessment conclusive‑effect rules s 24(7), (b) the premium non‑payment consequences in s 18, and (c) subrogation/compensation conflicts in ss 35A-35B. These decisions are not cited within the Act itself; a case law search in NSW authorities and databases is required to identify judicial interpretation relevant to particular factual issues such as the scope of “authorised activity”, the adequacy of private insurance under s 5A(3), the reasonableness of refusal of treatment under s 24(5A), and the operation of s 18 in employer/worker classification disputes.
In short, the Act sets procedural routes and legal consequences but contains no in‑text litigation examples; users must consult reported decisions to understand how courts have applied the statutory terms in contentious contexts.
Gotchas
This Act contains several provisions that can produce surprising practical consequences if not handled proactively. Below are concrete pitfalls flagged in the statutory text, with sections cited.
Loss of workers compensation status if premium unpaid (s 18(1))
If a sporting organisation fails to pay a premium by 30 June following the due day, paragraph (d) of the definition of “worker” under the Workplace Injury Management and Workers Compensation Act 1998 is deemed not to have applied to participants who would otherwise have been workers during that year; the organisation is deemed to be their employer (s 18(1)). That substitution can produce unanticipated employer liabilities in workers compensation and affect a participant’s entitlements under other schemes.
Participants excluded where premiums unpaid until paid (s 18(2))
Where a premium remains unpaid, a person who suffers an injury while participating in the organisation’s authorised activity during the period specified in the premium notice is not a “registered participant” for the purposes of ss 19(1)/(2) and 27(1) until the premium is paid. Although there is a retrospective saving if the premium is later paid in the same period, the practical risk exists that a late payment leaves claimants temporarily without statutory coverage (s 18(2)).
Directors and governing members personally liable for adjustment notices (s 18A(4)-(6))
Adjustment notices for underestimates of “prescribed variables” may, if unpaid, be recovered from directors (corporate) or governing body members (unincorporated associations). Courts can order recovery from funds or sale of property, and recovered amounts reduce others’ liabilities or entitle contribution claims between directors (s 18A(4)-(6)). Organisations that under‑report participant numbers can shift liability to officers.
Insurance exemption removes statutory benefits for participants (s 5A(2))
A sporting organisation that obtains an insurance exemption avoids paying premiums but its registered participants cannot claim statutory benefits under the Act for injuries during the exemption (s 5A(2)(a)-(b)). That transfers exposure to private insurance, but creates a coverage gap for individuals expecting statutory entitlements. The Authority may cancel exemptions if private insurance is inadequate (s 5A(8)).
Exemption levy and cost trade‑off (s 5A(5))
Even when exempt, an organisation must pay a levy of 10% of the amount the Authority determines would otherwise have been the premium (s 5A(5)). Organisations must model whether private insurance plus the 10% levy is cheaper than statutory premiums, and consider the administrative compliance and proof requirements for exemption (s 5A(3)).
Conclusive medical panel assessments for Table A (s 24(7))
For injuries described in Table A of Schedule 1, a medical panel’s assessment of the degree of injury is conclusive. This limits judicial re‑examination of such assessments, shifting the locus of dispute into the medical assessment process and the adequacy of procedural rights before medical panels (s 24(7)).
Caps, overlapping injuries and timing limits (ss 25(3)-(5); s 26(4))
There are short term caps on payments in the first three months after an incident (s 25(3)), rules that only the largest overlapping compensable injury is payable (s 25(4)), and an overall maximum per incident (s 25(5)). Death benefits interact with injury benefits so the total payable for an incident including death is limited (s 26(4)). Claimants and advisers must map all injuries from a single event to the single incident caps and exclusions in the Act.
Retroactive rule and regulation powers (s 31(2)(d); s 30(3))
Rules may deem an activity to have been authorised for a past period and may treat a person as a registered participant for a past time (s 31(2)(d)). Regulations prescribing smaller percentage values for Table A may be made to have effect from an earlier date than Gazette publication (s 30(3)). These features create potential retroactive effects to watch when advising clients on coverage and historic claims.
Interaction with damages claims and subrogation (ss 35A-35B)
The Act prevents double recovery where damages and statutory benefits both may be payable, and the Authority is indemnified by liable persons (s 35A). A claimant who recovers damages first may be barred from statutory benefits (s 35A(4)). Law firms must coordinate damages and statutory applications to avoid unintended forfeiture of benefits.
Forms, notices and time limits (ss 20-22; s 21)
Applications must comply with prescribed forms and notice requirements and usually be lodged within 12 months of the injury unless the Authority accepts a reasonable excuse (s 21(1)(a), (d); s 21(2)). Failing to comply with notice requirements or furnish additional information when requested can result in refusal under s 22.
These “gotchas” are concrete statutory mechanisms that change economic incentives, operational risk and litigation strategy. Practitioners advising organisations or injured persons should map the interplay of premium payment timing, exemptions, assessment conclusive effects, caps and subrogation rules to avoid accidental loss of entitlements or unexpected liabilities.
How to comply
Practical compliance steps for sporting organisations, schools, the Department, insurers and advisers are summarised below, tied to statutory duties and procedural mechanics in the Act.
For declared sporting organisations
Confirm declaration status and scope: check any order under s 5 that declares the organisation a sporting organisation and the authorised activities specified, including possible multiple organisations declared for the same activity (s 5(1)-(2)). Ensure rules specifying authorised activities are up to date under s 31.
Engage proactively with premium determinations: maintain accurate registers and forward estimates of participant numbers, teams, vehicles and vessels as required by rules (s 31(1)(c)). The Authority determines premiums “taking into account” the organisation’s authorised activities and prescribed variables (s 16(2); s 18A). Accurate reporting reduces risk of adjustment notices.
Pay premiums and monitor due dates: when served with a notice under s 17, the organisation must pay by the specified due day which must be not less than 21 days after service (s 17(1)(a)(v); s 17(1)(b)). Late payment can lead to serious consequences under s 18.
Track and respond to adjustment notices: if the Authority issues an adjustment notice under s 18A, it will specify particulars and payment due date (s 18A(2)-(3)). If unpaid, the amount becomes a debt recoverable from the organisation and potentially from directors or governing members (s 18A(4)-(6)). Respond in writing and, if appropriate, seek to negotiate payment or contest the calculation promptly.
Consider insurance exemption carefully: to obtain an insurance exemption under s 5A, the organisation must show an authorised insurer covers no lesser benefits than the Act and is authorised under the Commonwealth Insurance Act (s 5A(3)). If exempt, pay the 10% levy on the otherwise‑determined premium (s 5A(5)). Understand that registered participants lose statutory benefit rights while an exemption is in force (s 5A(2)(b)).
Maintain records and comply with rules: ensure returns, registers and injury notifications comply with rules made under s 31, including preserving copies and estimates that may be needed in audits or for premium calculations.
For schools and the Department
Maintain enrolment lists and records of authorised activities as prescribed by rules (s 31). The Supplementary Fund covers enrolled student participants and Department participants (s 11A(3)). The Self Insurance Corporation will manage claims and recoupment arrangements with Treasury; provide any information requested under s 22 and comply with medical panel requests (ss 22; 24(2)).
For applicants and lawyers advising claimants
Observe application form, supporting documentation and time limits: use the prescribed form and include required certificates and reports (s 21(1)(a)-(c)); lodge within 12 months unless there are reasonable excusable grounds for delay and the Authority accepts the late lodging (s 21(1)(d); s 21(2)).
Provide notice of injury under the rules before application unless the Authority accepts an excuse (s 20(1)). Keep contemporaneous injury reports and communications that satisfy the rules.
Attend medical panels and cooperate: if required, attend medical panel or referee examinations; failure without reasonable excuse can result in the application being deemed withdrawn (s 24(2)-(3)). For Table A injuries, the medical panel’s percentage assessment is conclusive (s 24(7)); prepare medical evidence and consider early involvement of specialists.
Coordinate damages claims and statutory benefits: before commencing damages proceedings against a liable third party, evaluate the effect on statutory benefits and the Authority’s subrogation/immunity rights (ss 35A-35B). Consider timing of settlements and the requirement to account for benefits recovered to avoid forfeiture of statutory payments.
For insurers and risk managers
For private insurers providing cover used to secure an exemption, ensure policies comply with s 5A(3) (benefits no less than Act amounts and the insurer being authorised under the Commonwealth Insurance Act). Document policy wording expressly to reflect benefit parity with Schedule 1 entitlements to avoid Authority challenge.
For organisations contemplating exemption, build a comparison model including statutory premium, the 10% levy and the cost of private insurance, and assess coverage for subrogation exposure (s 5A(5)-(7); s 35A).
Governance and internal controls
Directors and governing body members should ensure accurate reporting of participant numbers and compliance with premium notices to avoid personal liability under s 18A(4). Maintain minute records and documented processes for registering participants under the organisation’s rules, for reporting injuries, and for responding to Authority notices.
Dispute readiness
Where the Authority refuses a claim, consider District Court application under s 29 within procedural timelines. Prepare to address conclusive medical panel findings (if Table A), or, where medical assessment is discretionary, gather evidence to challenge Authority decisions on causation or quantum.
Administrative procedures
Use the service of notices rules in s 34 to ensure proper receipt and avoid disputes about notice service. Keep certified mail records and verified business/residential addresses for the service of Authority notices.
Implementing these compliance steps reduces operational, financial and litigation risks created by the Act’s mechanisms. Where facts are complex or borderline, obtain early legal advice because the Act limits some remedies and contains time‑sensitive liabilities and recoveries.
Fund means the Sporting Injuries Fund established under section 11 (1).
injury means personal injury arising out of or in the course of an authorised activity of a prescribed organisation, and includes a disease—
(a) contracted in the course of any such activity, and
(b) to which the activity was a contributing factor,
but does not include the aggravation, acceleration, exacerbation of, or deterioration resulting from, a disease.
medical panel means a medical panel appointed under section 6 (4).
perform, in relation to a function that is a power or an authority, means exercise the power or authority and, in relation to a duty, means discharge the duty.
prescribed organisation means a sporting organisation, a school or the Department.
referee means a person who is a referee under section 6 (1) or (2).
registered participant, in relation to a sporting organisation, means a person who, in accordance with the rules or a determination made under the rules, is to be treated as a registered participant of the organisation for the purposes of this Act.
regulations means regulations made under this Act.
rules means rules made under this Act.
school means a government school or a registered non-government school under the Education Act 1990.
Self Insurance Corporation means the NSW Self Insurance Corporation constituted by the NSW Self Insurance Corporation Act 2004.
sexual organs means genitals and, in the case of a woman, includes breasts.
sporting organisation means an individual, a body corporate or an unincorporated association declared under section 5 (1) to be a sporting organisation for the purposes of this Act.
Supplementary Fund means the Supplementary Sporting Injuries Fund established under section 11A (1).
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(1A) A reference in this Act to an authorised activity—
(a) in relation to a sporting organisation, does not include a reference to an activity of a kind that is not, or is not carried on in connection with, or is not related to, a sporting or athletic activity in respect of which the organisation is for the time being declared under section 5, and
(b) in relation to the Department, does not include a reference to an activity for the participation in which no fee is payable to the Department.
(1B) Where an authorised activity of a sporting organisation is also an authorised activity of a school or of the Department, a person—
(a) who is participating in the activity as a registered participant of the organisation, and
(b) who, if this subsection had not been enacted, would also be participating in the activity as an enrolled student participant of the school, as an enrolled participant of the Department, or as both,
shall, for the purposes of this Act, be deemed not to be an enrolled student participant of the school or an enrolled participant of the Department while participating in the activity.
(2) A reference in this Act to the due day for payment of a premium is a reference to the day specified under section 17 (1) (a) (v) in a notice served under section 17 (1) on a sporting organisation and requiring payment of the premium.
(3) Where a sporting organisation changes its name, any reference in—
(a) an order made under section 5 (1),
(b) a rule, or
(c) a notice served on the organisation in accordance with section 34,
to the former name of the organisation shall be read and construed as a reference to the name as changed by the organisation, but nothing in this subsection affects an entitlement to a benefit under this Act that would have arisen if this subsection had not been enacted.
s 4: Am 1981 No 116, Schs 2 (2), 4 (1); 1984 No 65, Sch 1 (3); 1984 No 92, Sch 1 (1); 1997 No 134, Sch 2 [1]; 2002 No 23, Sch 1.8 [1]; 2012 No 54, Sch 3.5 [3]–[5]; 2015 No 19, Sch 9 [1]; 2017 No 63, Sch 4.45.
5 Declaration of sporting organisations
5 Declaration of sporting organisations
5 Declaration of sporting organisations
(1) An individual, a body corporate or an unincorporated association, who or which is concerned, directly or indirectly, in the regulation and conduct of any sporting or athletic activity or activities, may be declared, by an order made—
(a) by the Minister, or
(b) with the consent of the Minister, by the chief executive,
to be a sporting organisation in respect of that activity or those activities.
(2) Orders made under subsection (1) may declare more than one individual, body corporate or unincorporated association, or any 2 or more of any of them, to be sporting organisations in respect of the same sporting or athletic activity.
(3) An order made under subsection (1) has effect when it is made and shall be published in the Gazette not later than 30 days after it has been made.
s 5: Am 1981 No 116, Sch 4 (2); 2012 No 54, Sch 3.5 [6]; 2015 No 19, Sch 9 [2].
5A Insurance exemption for sporting organisations
5A Insurance exemption for sporting organisations
5A Insurance exemption for sporting organisations
(1) The Authority may grant a sporting organisation an insurance exemption if satisfied that the organisation will have adequate private insurance for the period for which the exemption will be in force.
(2) An insurance exemption operates as follows—
(a) a premium is not payable under Part 4 by the sporting organisation in respect of the period for which the exemption is in force,
(b) no benefits are payable under this Act in respect of an injury suffered by a registered participant of the sporting organisation, or in respect of the death of a person as a consequence of an injury suffered by the person as such a registered participant, during the period for which the exemption is in force,
(c) the exemption does not affect the operation of paragraph (d) of the definition of worker in section 4 of the Workplace Injury Management and Workers Compensation Act 1998 in respect of a registered participant of the organisation.
(3) A sporting organisation has adequate private insurance for the period for which an insurance exemption will be in force if—
(a) a policy of insurance provides for payment of benefits, or indemnification of the sporting organisation in connection with a liability to pay benefits, in respect of an injury suffered by a registered participant of the sporting organisation, or in respect of the death of a person as a consequence of an injury suffered by the person as such a registered participant, during the period for which the exemption will be in force, and
(b) those benefits are of no lesser amount than the benefits that would be payable under this Act in respect of the injury or death, and
(c) the insurer under the policy of insurance is a body corporate that is authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth.
(4) An insurance exemption may be granted for a period of up to 12 months and may be granted by way of renewal or further renewal for a further period or further periods of up to 12 months.
(5) On each occasion of the grant or renewal of an insurance exemption, there is payable by the sporting organisation a levy of 10% of the amount that the Authority determines to be the amount that would otherwise be determined for and payable by the organisation as premium under Part 4 in respect of the period for which the insurance exemption will be in force.
(6) The levy is due and payable as required by a notice sent to the sporting organisation by the Authority. If the levy is not paid as required by the notice, the insurance exemption is of no effect while the levy remains unpaid.
(7) A levy payable under this section is payable to the Authority for payment into the Fund.
(8) The Authority must cancel an insurance exemption by notice in writing to the sporting organisation if the Authority is satisfied that the organisation does not or will not have adequate private insurance for any period for which the exemption is in force.
(9) The Authority may cancel an insurance exemption by notice in writing to the sporting organisation for any other reason that the Authority considers sufficient. The Authority must first give the sporting organisation a reasonable opportunity to make written submissions to the Authority on the matter.
s 5A: Ins 2002 No 124, Sch 3 [1].
6 Appointment of referees and medical panels
6 Appointment of referees and medical panels
6 Appointment of referees and medical panels
(1) A medical assessor under the Workplace Injury Management and Workers Compensation Act 1998 is taken to be a referee for the purposes of this Act and for that purpose has and may exercise all the functions of a medical assessor under that Act.
(2) The Minister may appoint as referees for the purposes of this Act persons who the Minister considers are qualified to assess a person’s loss of mental capacity.
(3) A person may be appointed under subsection (2) whether or not the person is a legally qualified medical practitioner.
(4) The chief executive may appoint 2 or more referees as a medical panel for the purposes of this Act.
(5) Referees shall be entitled to such remuneration from the Fund as the Minister considers fit in respect of anything done pursuant to this Act by them.
s 6: Am 1984 No 92, Sch 1 (2); 1987 No 79, Sch 1; 1998 No 85, Sch 2.10 [1]; 2002 No 23, Sch 1.8 [2]; 2012 No 54, Sch 3.5 [7]; 2015 No 19, Sch 9 [2]; 2022 No 25, Sch 4.3.
Part 2 Constitution and functions of Authority
Part 2 Constitution and functions of Authority
Part 2 Constitution and functions of Authority
pt 2, hdg: Am 2012 No 54, Sch 3.5 [8]; 2015 No 19, Sch 9 [3].
7 Constitution of Authority
7 Constitution of Authority
7 Constitution of Authority
(1) There is constituted by this Act a body corporate with the corporate name of the Sporting Injuries Compensation Authority.
(2) The Authority is a NSW Government agency.
Note—
See section 13A of the Interpretation Act 1987.
s 7: Rep 2012 No 54, Sch 3.5 [9]. Ins 2015 No 19, Sch 9 [4].
7A Ministerial control
7A Ministerial control
7A Ministerial control
The Authority is subject to the control and direction of the Minister in the exercise of its functions, except in relation to the contents of any advice, report or recommendation given to the Minister.
s 7A: Ins 2015 No 19, Sch 9 [4].
8 Authority’s functions
8 Authority’s functions
8 Authority’s functions
The Authority shall—
(a) compile and maintain such statistics with respect to the incidence of injuries resulting from sporting or athletic activities as the Authority considers would assist it in the performance of the functions given to it by or under this or any other Act,
(b) co-operate with organisations concerned in the regulation and conduct of sporting or athletic activities, the Department and the Department of Education for the purpose of initiating, developing, encouraging and implementing such policies as are likely to eliminate or reduce the incidence of injuries resulting from sporting or athletic activities,
(c) when requested by the Minister to do so, examine and report to the Minister on the desirability of extending the scheme provided by this Act, and
(d) perform such other functions as are given to it by or under this or any other Act.
s 8: Am 1984 No 65, Sch 1 (4).
9 Chief executive of Authority
9 Chief executive of Authority
9 Chief executive of Authority
(1) The Minister is to appoint a person as the chief executive of the Authority.
Note—
Schedule 4A contains provisions relating to the chief executive of the Authority.
(2) The affairs of the Authority are to be managed and controlled by the chief executive.
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by the chief executive is taken to have been done by the Authority.
s 9: Rep 2012 No 54, Sch 3.5 [9]. Ins 2015 No 19, Sch 9 [5].
10 Delegation
10 Delegation
10 Delegation
(1) The Authority may delegate to an authorised person any of the functions of the Authority (other than this power of delegation).
(2) In this section—
authorised person means any of the following—
(a) a member of staff of Insurance and Care NSW,
(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
s 10: Rep 2012 No 54, Sch 3.5 [9]. Ins 2015 No 19, Sch 9 [5].
Part 3 Financial provisions
Part 3 Financial provisions
Part 3 Financial provisions
11 Establishment of Sporting Injuries Fund
11 Establishment of Sporting Injuries Fund
11
This is an opening excerpt, not the complete document.