Section 77 of the Motor Accidents Act 1988 (NSW) requires that a claimant for psychological or psychiatric injury must have been physically present at the scene of the motor accident at the time of the collision itself. The common law 'aftermath' doctrine, which permitted recovery by persons who witnessed events at the scene after the accident or at hospital during immediate post-accident treatment, does not extend the meaning of 'accident' under s 77. A rescuer who was not present at the moment of collision and who attended the scene afterwards is not entitled to damages for nervous shock under the Act.
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