Sporting Injuries Insurance Rule 1997

This Rule is the Sporting Injuries Insurance Rule 1997.

This Rule commences on 5 September 1997.

In this Rule:

member organisation means any organisation that belongs to, is a member or a constituent or subordinate organisation of, or is affiliated or connected with or attached to, a sporting organisation.

serious injury means an injury that is, or may be capable of being, a compensable injury.

the Act means the Sporting Injuries Insurance Act 1978.

This clause applies if a prescribed organisation becomes aware that a person who is a registered participant, enrolled participant or enrolled student participant of the prescribed organisation has suffered a serious injury, or has died as a consequence of having suffered an injury, while participating in an authorised activity of the prescribed organisation.

The prescribed organisation must notify the Committee of the serious injury or death as soon as practicable after becoming aware of the serious injury or death, and in any case within 12 months after becoming aware of the serious injury or death.

The notice is to be in the form of Form 3 in Schedule 1.

A person who is a registered participant, enrolled participant or enrolled student participant of a prescribed organisation and who suffers a serious injury while participating in an authorised activity of the prescribed organisation must notify the Committee of the injury as soon as practicable after becoming aware of the injury, and in any case within 12 months after becoming aware of the injury.

The legal personal representative of a person who was a registered participant, enrolled participant or enrolled student participant of a prescribed organisation and who died as a consequence of having suffered an injury while participating in an authorised activity of the prescribed organisation must notify the Committee of the death as soon as practicable after the death, and in any case within 12 months after the death.

The notice is to be in the form of Form 3 in Schedule 1.

A person, or the legal personal representative of a person, is not required to give notice of a serious injury or death to the Committee under this clause if the person or legal personal representative reasonably believes that the prescribed organisation has notified the Committee of the serious injury or death.

For the purposes of section 21 (1) (a) of the Act, the prescribed form of application for a person applying for a benefit:

under section 19 (1) (a) of the Act is Form 1 in Schedule 1, or

under section 19 (1) (b) or 19 (1) (c) of the Act is Form S1 in Schedule 1, or

under section 19 (2) (a) of the Act is Form 2 in Schedule 1, or

under section 19 (2) (b) or 19 (2) (c) of the Act is Form S2 in Schedule 1.

An application under section 19 of the Act must be accompanied by:

in the case of an application under section 19 (1) (a):

a certificate or report relating to the injury that is the subject of the application given by a legally qualified medical practitioner concerning the examination of the applicant, the applicant’s condition, the history of the injury as provided by the applicant and, if relevant, the degree of loss sustained by the applicant in the opinion of that practitioner, and

a statement by the secretary or another official of the sporting organisation or member organisation to which the applicant belonged when the injury occurred outlining all details known to the secretary or the official of the occurrence that led to the injury, and confirming, from an examination of the organisation’s records, that the applicant was registered as a participant with the organisation at the time of the injury, and

a statement from at least one witness to the injury concerning the cause of the injury, or

in the case of an application under section 19 (1) (b):

a certificate or report relating to the injury that is the subject of the application given by a legally qualified medical practitioner concerning the examination of the applicant, the applicant’s condition, the history of the injury as provided by the applicant and, if relevant, the degree of loss sustained by the applicant in the opinion of that practitioner, and

a statement from the school principal or another official of the school at which the applicant was an enrolled student participant when the injury occurred outlining all details known to the principal or other official of the occurrence that led to the injury, and confirming that the applicant was participating in an authorised activity of the school at the time of the injury, and

a statement from at least one witness to the injury concerning the cause of the injury, or

in the case of an application under section 19 (1) (c):

a certificate or report relating to the injury that is the subject of the application given by a legally qualified medical practitioner concerning the examination of the applicant, the applicant’s condition, the history of the injury as provided by the applicant and, if relevant, the degree of loss sustained by the applicant in the opinion of that practitioner, and

a statement by an officer of the Department outlining all details known to the officer of the occurrence that led to the injury, and confirming that the applicant was an enrolled participant in an authorised activity of the Department at the time of the injury, and

a statement from at least one witness to the injury concerning the cause of injury, or

in the case of an application under section 19 (2) (a):

if a death certificate has been issued with respect to the death of the person concerned, a copy of that certificate, and

if a post mortem examination has been conducted with respect to the death, a copy of the report of the examination, and

a statement by the secretary or another official of the sporting organisation or member organisation to which the deceased belonged when the injury that resulted in the death occurred outlining all details known to the secretary or other official of the occurrence that led to the injury, and confirming, from an examination of the organisation’s records, that the deceased was registered as a participant with the organisation at the time of the injury, and

a statement from at least one witness to the injury concerning the cause of the injury, or

in the case of an application under section 19 (2) (b):

if a death certificate has been issued with respect to the death of the person concerned, a copy of that certificate, and

if a post mortem examination has been conducted with respect to the death, a copy of the report of the examination, and

a statement from the school principal or another official of the school at which the deceased was an enrolled student participant when the injury that resulted in the death occurred outlining all details known to the principal or other official of the occurrence that led to the injury, and confirming that the deceased was participating in an authorised activity of the school as an enrolled student participant at the time of the injury, and

a statement from at least one witness to the injury concerning the cause of the injury, or

in the case of an application under section 19 (2) (c):

if a death certificate has been issued with respect to the death of the person concerned, a copy of that certificate, and

if a post mortem examination has been conducted with respect to the death, a copy of the report of the examination, and

a statement from an officer of the Department outlining all details known to the officer of the occurrence that led to the injury, and confirming that the deceased was participating in an authorised activity of the Department as an enrolled participant at the time of the injury, and

a statement from at least one witness to the injury concerning the cause of the injury.

An application under section 19 of the Act is to be lodged at the office of the Executive Officer to the Sporting Injuries Committee situated at Level 4, 92–100 Donnison Street, Gosford.

The authorised activities of sporting organisations are:

any game or match involving 2 teams organised by a sporting organisation, a member organisation of the sporting organisation or any other organisation of which the sporting organisation is a member, and any training or practice for such game or match, that takes place within a period in respect of which a premium has been paid by the sporting organisation to the Committee under Part 4 of the Act, or

any sporting or athletic contest involving 2 or more participants that is organised by a sporting organisation, a member organisation of the sporting organisation or any other organisation of which the sporting organisation is a member, and any training or practice for such sporting or athletic contest, that takes place within a period in respect of which a premium has been paid by the sporting organisation to the Committee under Part 4 of the Act.

The authorised activities of a school are any sporting or athletic activity operated or approved by the school.

The authorised activities of the Department are any sporting or athletic activity or program operated or approved by the Department.

In this clause, a reference to a sporting or athletic activity, in relation to a sporting organisation, is a reference to an activity in respect of which the organisation is, for the time being, declared under section 5 of the Act and includes a reference to an activity of a kind that is carried on in connection with or in relation to that activity.

A person is to be treated, for the purposes of the Act, as a registered participant of a sporting organisation with respect to a sporting or athletic activity at a particular time if:

the person is registered, at that time and with respect to the activity, with the sporting organisation, or

the person is registered, at that time and with respect to the activity, with a member organisation of the sporting organisation and the person’s name:

has been submitted to the Committee by, or with the concurrence of, the sporting organisation, and

has been recorded by the Committee,

for the purpose of the person’s being treated as a registered participant of the sporting organisation at that time and in respect of that activity.

A person is to be treated, for the purposes of the Act, as an enrolled student participant of a school with respect to a sporting or athletic activity at a particular time if the school principal (however described) determines that the person was an enrolled student participant of the school with respect to the activity at that time.

Such a determination is to be made by a certificate to the Committee in writing signed by the school principal.

A person is to be treated, for the purposes of the Act, as an enrolled participant of the Department with respect to a sporting or athletic activity or program at a particular time if an authorised officer of the Department determines that the person was an enrolled participant of the Department with respect to the activity or program at that time.

Such a determination is to be made by a certificate to the Committee in writing signed by the authorised officer.

In this clause:

authorised officer means an officer of the Department authorised by the Director-General of the Department for the purposes of this clause.