Racing (Jockeys Accident Insurance) Regulation 2006

This regulation is the Racing (Jockeys Accident Insurance) Regulation 2006.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘1987 NSW Acts—see the Act, section 61A.’ means that the term ‘1987 NSW Acts’ is defined in that section and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

For the Act, part 5A (Jockeys accident insurance), the following provisions of the 1987 NSW Act do not apply in the ACT:

section 9A (No compensation payable unless employment substantial contributing factor to injury);

part 3 (Compensation—benefits), division 9 (Commutation of compensation);

part 4 (Uninsured liabilities), division 6 (Uninsured liabilities);

part 5 (Common law remedies), division 4 (Retrospective restoration of modified common law);

part 7 (Insurance), other than section 159 (Provisions of policies of insurance) and section 160 (Recovery of excess from employer);

For the Act, part 5A (Jockeys accident insurance), the following provisions of the 1998 NSW Act do not apply in the ACT:

chapter 2 (Administration), the following provisions:

part 2 (General workers compensation functions);

part 6 (Financial provisions);

chapter 4 (Workers compensation), part 2 (Compensation—claims and proceedings), the following provisions:

division 1 (Notice of injury etc and claims for compensation);

division 2 (Administration by insurers of claims for compensation or damages);

division 3 (Notification of decisions of insurers);

division 4 (Special provisions with respect to weekly payments of compensation);

division 5 (Restrictions on commencing court proceedings);

division 6 (Proceedings before Commission or the Compensation Court);

division 7 (Medical examinations and disputes);

chapter 6 (Miscellaneous), section 234 (No contracting out);

chapter 7 (New claims procedures), the following provisions:

part 3 (Dealing with claims), division 5 (Enforcement of claims obligations);

part 4 (Compensation dispute determination);

part 5 (Expedited assessment);

part 6 (Court proceedings for work injury damages);

part 7 (Medical assessment), other than section 322 (Assessment of impairment) and section 323 (Deduction for previous injury or pre-existing condition or abnormality);

part 8 (Costs);

part 9 (Proceedings before Commission);

part 10 (Administration).

For the operation of the applied NSW Acts in the ACT, the Civil Law (Wrongs) Act 2002, chapter 5 (Personal injuries claims—pre-court procedures) applies to a claim for common law damages in relation to an injury suffered by someone as an ACT jockey.

The Supreme Court has jurisdiction in relation to a proceeding under the applied NSW Acts for compensation in relation to an injury suffered by someone as an ACT jockey.

The Magistrates Court has jurisdiction in relation to a proceeding under the applied NSW Acts for compensation in relation to an injury suffered by someone as an ACT jockey as if the proceeding were a personal action at law under the Magistrates Court Act 1930, section 257 (Personal actions at law—amount or value).