9B
CurrentExclusion: recklessly ignoring risk
Part 3Entitlement to benefits
9B Exclusion: recklessly ignoring risk
(1) A person is not entitled to benefits to which this section applies for an injury suffered in, or as a result of, a motor accident if:
(a) the accident occurred while the injured person was engaged in conduct that created a substantial risk of injury to the injured person; and
(b)
the injured person recklessly ignored the risk.
(2)
The benefits to which this section applies are:
(a)
compensation for loss of earning capacity; and
(b)
lump sum compensation for a permanent impairment.
(3) This section does not apply in relation to conduct mentioned in section 11(1)(c).
This Act’s bill:Second reading speech
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