Motor Accidents (Liabilities and Compensation) Amendment Regulations 2012
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Motor Accidents (Liabilities and Compensation) Act 1973 .
9 July 2012PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Infrastructure
These regulations may be cited as the Motor Accidents (Liabilities and Compensation) Amendment Regulations 2012 .
These regulations take effect on 1 August 2012.
In these regulations, the Motor Accidents (Liabilities and Compensation) Regulations 2010 are referred to as the Principal Regulations.
4. Schedule 1 amended (Scheduled benefits)
Schedule 1 to the Principal Regulations is amended as follows:(a) by inserting the following definition after the definition of family member in clause 1 of Part 1 :most recent release day means –(a) until the adult average weekly earnings for the May 2013 half-year are released by the Australian Bureau of Statistics, the day in May 2012 on which the average weekly earnings for the February 2012 quarter were published by the Australian Bureau of Statistics; and(b) on or after the adult average weekly earnings for the May 2013 half-year are released by the Australian Bureau of Statistics, the day in August in each year on which the adult average weekly earnings for the May half-year of that year are published by the Australian Bureau of Statistics;(b) by omitting the definition of release day from clause 1 of Part 1 ;(c) by omitting clause 2 from Part 2 and substituting the following clause:2. Limitation of amount of medical benefitsExcept in the case of a person requiring daily care, the payment of medical benefits under this Part, and disability benefits under Part 6 , in respect of a personal injury to a person resulting directly from a single motor accident is not to exceed –(a) if the person has been a continuous hospital in-patient for more than 4 days commencing on the date of the accident, $500 000 in aggregate; or(b) in any other case, $400 000 in the aggregate.(d) by omitting from clause 1(2) of Part 4 "1 March 2010 is a sum of $70 000" and substituting "1 August 2012 is a sum of $77 000";(e) by omitting from clause 1(3)(a) of Part 4 "$18 750" and substituting "$22 500";(f) by omitting from clause 1(3)(b) of Part 4 "$9 375" and substituting "$11 250";(g) by omitting from clause 1(3)(c) of Part 4 "$3 750" and substituting "$4 500";(h) by inserting the following subclause after subclause (4) in clause 1 of Part 4 :(4A) The amount payable as death benefits in respect of a motor accident that occurred on or after 1 March 2010 but before 1 August 2012 is to be determined in accordance with the Motor Accidents (Liabilities and Compensation) Regulations 2000 as in force immediately before 1 August 2012.(i) by omitting from clause 3(5) of Part 5 "$312.50" and substituting "$400";(j) by omitting from clause 3(6) of Part 5 "$312.50" and substituting "$400";(k) by omitting paragraph (a) from clause 3(6) of Part 5 and substituting the following paragraph:(a) $320;(l) by omitting subclause (1) from clause 6 of Part 6 and substituting the following subclause:(1) Except in the case of a person requiring daily care, the payment of disability benefits under this Part, and medical benefits under Part 2 , in respect of a personal injury to a person resulting directly from a single motor accident is not to exceed –(a) if the person has been an in-patient at a hospital for a continuous period of more than 4 days commencing on the date of the accident, $500 000 in aggregate; or(b) in any other case, $400 000 in aggregate.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 18 July 2012
These regulations are administered by the Motor Accidents Insurance Board.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Motor Accidents (Liabilities and Compensation) Regulations 2010 by –(a) increasing certain benefits that are payable under the Motor Accidents (Liabilities and Compensation) Act 1973 ; and(b) reflecting a change in the publication date of data used to calculate the limit on funeral benefits payable under that Act.