Under ss 131-134 of the Motor Accidents Compensation Act 1999 (NSW), once the 10% permanent impairment threshold is passed, damages for non-economic loss are assessed without any proportionality requirement linking the award to the degree of impairment or the statutory maximum of $284,000. The proportionality approach under the 1988 Act has been deliberately abandoned. The degree of permanent impairment above 10% is not a decisive factor in every case, though it may be relevant in particular cases.
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