Table Of Contents

Motor Accidents (Determination of Non-Economic Loss) Order 2009

2   Commencement
This Order commences on 1 October 2009 and is required to be published in the Gazette.
3   Section 79: Determination of non-economic loss—accidents occurring before midnight on 26.9.95
(1) Section 79 (3) It is declared that, on and from the date specified in Column 1 of the Table to this subclause, the maximum amount that may be awarded for the non-economic loss of an injured person as a consequence of a motor accident that occurred before midnight on 26 September 1995 is the amount specified in Column 2 of that Table opposite that specified date.
Table
Column 1
Column 2
Operative date
Maximum amount of damages for non-economic loss
1 October 1990
$192,000
1 October 1991
$198,000
1 October 1992
$211,000
1 October 1993
$212,000
1 October 1994
$222,000
1 October 1995
$235,000
1 October 1996
$247,000
1 October 1997
$250,000
1 October 1998
$259,000
1 October 1999
$273,000
1 October 2000
$284,000
1 October 2001
$296,000
1 October 2002
$309,000
1 October 2003
$329,000
1 October 2004
$341,000
1 October 2005
$359,000
1 October 2006
$366,000
1 October 2007
$381,000
1 October 2008
$390,000
1 October 2009
$408,000
1 October 2010
$432,000
1 October 2011
$450,000
(2) Section 79 (4) It is declared that, on and from the date specified in Column 1 of the Table to this subclause, no damages for economic loss shall be awarded to an injured person as a consequence of a motor accident that occurred before midnight on 26 September 1995 if the amount of non-economic loss is assessed to be less than the amount specified in Column 2 of that Table opposite that specified date.
Table
Column 1
Column 2
Operative date
Minimum amount of non-economic loss (threshold for assessment of economic loss)
1 October 1990
$16,050
1 October 1991
$16,500
1 October 1992
$17,500
1 October 1993
$17,500
1 October 1994
$18,500
1 October 1995
$19,500
1 October 1996
$20,500
1 October 1997
$20,500
1 October 1998
$21,000
1 October 1999
$22,000
1 October 2000
$23,000
1 October 2001
$24,000
1 October 2002
$25,000
1 October 2003
$26,500
1 October 2004
$27,500
1 October 2005
$29,000
1 October 2006
$29,500
1 October 2007
$30,500
1 October 2008
$31,000
1 October 2009
$32,500
1 October 2010
$34,500
1 October 2011
$36,000
(3) Section 79 (5) It is declared that, on and from the date specified in Column 1 of the Table to this subclause, if the amount of damages that may be awarded for non-economic loss in accordance with section 79 of the Motor Accidents Act 1988 is more than the amount specified in Column 2 of that Table opposite that specified date but less than the amount specified in Column 3 of that Table opposite that specified date, the following deductions are to be made from that amount:
(a)  if the amount of damages is less than the amount specified in Column 4—the amount to be deducted is the amount specified in Column 2,
(b)  if the amount of damages is not less than the amount specified in Column 4—the amount to be deducted is the amount specified in Column 2 or that amount reduced by $1,000 for every $1,000 by which the amount of damages exceeds the amount specified in Column 4.
Table
Column 1
Column 2
Column 3
Column 4
Operative date
Lower deduction amount
Upper deduction amount
Deduction withdrawal threshold amount
1 October 1990
$16,050
$58,850
$42,800
1 October 1991
$16,500
$60,500
$44,000
1 October 1992
$17,500
$64,500
$47,000
1 October 1993
$17,500
$65,000
$47,000
1 October 1994
$18,500
$68,000
$49,000
1 October 1995
$19,500
$72,000
$52,000
1 October 1996
$20,500
$75,500
$54,500
1 October 1997
$20,500
$76,500
$55,000
1 October 1998
$21,000
$79,000
$57,000
1 October 1999
$22,000
$83,500
$60,000
1 October 2000
$23,000
$87,000
$62,500
1 October 2001
$24,000
$90,500
$65,000
1 October 2002
$25,000
$94,500
$68,000
1 October 2003
$26,500
$100,500
$72,500
1 October 2004
$27,500
$104,000
$75,000
1 October 2005
$29,000
$109,500
$79,000
1 October 2006
$29,500
$111,500
$80,500
1 October 2007
$30,500
$116,000
$84,000
1 October 2008
$31,000
$119,000
$86,000
1 October 2009
$32,500
$124,500
$90,000
1 October 2010
$34,500
$131,500
$95,000
1 October 2011
$36,000
$137,000
$99,000
cl 3: Am 2009 No 106, Sch 2.22; 2010 (565), Sch 1 [1]–[3]; 2011 (518), Sch 1 [1]–[3].
4   Section 79A: Determination of non-economic loss—accidents occurring after midnight on 26.9.95
It is declared that, on and from the date specified in Column 1 of the Table to this clause, the maximum amount that may be awarded for the non-economic loss of an injured person as a consequence of a motor accident that occurred after midnight on 26 September 1995 is the amount specified in Column 2 of that Table opposite that specified date.
Table
Column 1
Column 2
Operative date
Maximum amount of damages for non-economic loss
1 October 1996
$247,000
1 October 1997
$250,000
1 October 1998
$259,000
1 October 1999
$273,000
1 October 2000
$284,000
1 October 2001
$296,000
1 October 2002
$309,000
1 October 2003
$329,000
1 October 2004
$341,000
1 October 2005
$359,000
1 October 2006
$366,000
1 October 2007
$381,000
1 October 2008
$390,000
1 October 2009
$408,000
1 October 2010
$432,000
1 October 2011
$450,000
cl 4: Am 2010 (565), Sch 1 [4]; 2011 (518), Sch 1 [4].
5   Repeal
Every Order made under section 80 of the Motor Accidents Act 1988 before the commencement of this Order is repealed.