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Where am I now? Lawlink > Law Reform Commission > Publications > Index

Report 43 (1984) - Accident Compensation: A Transport Accidents Scheme for New South Wales

Index

How to purchase a copy of this report.

History of this Reference (Digest)

Outline of Report


The index is by subject, arranged alphabetically, word by word, so that De facto relationship precedes Death.

The first column of references (Discussion) contains references to the Glossary, to the text of Chapters 1 to 18 (cited by paragraph number) and to the Appendices.

The second column of references (Rec.) is to the List of Recommendations, which are identified by number.

The Glossary and Chapters 1-14 are in Volume I of this Report. Chapters 15-18, the List of Recommendations and the Appendices are in Volume 2.

DiscussionRecommendation
 
AWE. see Average weekly earnings
Accident Compensation Appeal Tribunal, 16.34, 16.57-16.86228-242
appeal from, 16.87-16.89243
appeal to, 16.57-16.59228
constitution, 16.63-16.65230-231
placement in court and tribunal system, 16.80-16.86241-242
powers, 16.42, 16.75236
decision-making, 16.60-16.62229
procedures, 16.66-16.73232-234
proceedings before, 16.74-16.86235-242
Accident Compensation Corporation (proposed)
(see also Administration-, Decision-making)
administrative options, 15.27-15.38
co-ordination, 15.22
establishment, 15.38193
files16.47-16.48221
functions, 15.14-15.29192
(see also Assessment; Assistance to claimants; Policy formulation; Promotion; Research; Safety)
summary, 15.63
rehabilitation role, 9.25-9.3455-58
Rehabilitation Section, 9.32-9.3458
structure, 15.39-15.55194-202
(see also Accountability; Decentralisation; Investment of funds; Management; Staff structure; Taxation)
Accident compensation neurosis, 3.71
Accident compensation systems see Compensation systems
Accident insurance (set off), 2.33, 14.84, 14.98, 14, 100, 14.103-14.104186
Accident prevention see Safety
Accidents,
motor vehicle see Motor vehicle accidents
public transport see Public transport accidents
transport see Transport accidents
Accommodation,10.31-10.5389-97
Accountability (Accident Compensation Corporation),15.40-15.41194-195
summary,15.65
Adelaide Traffic Accident Survey,3.34, 8.41
Administration (Transport Accidents Scheme),1.53, 15.1-15.61191-204
(see also Accident Compensation Corporation; Assessment; Policy review)
functions,15.14-15.26192
options,15.27-15.31
principles,5.74-5.76,191
(see also Decision-making; Independence)15.6-15.13, 15.62
summary,15.62-15.65
Administrative efficiency,5.73-5.76
summary,5.89
Administrative expenses (comparison of no-fault and dual schemes),6.37-6.42
Administrative Review Council (views),
accessibility of appeal,16.40
appeal structure,16.31-16.33, 16.37
constitution of panels,16.44
representation,16.51
witnesses,16.53
Advancement, potential for see Potential for advancement
Adversary system see Court system
Adverse decisions,16.27211
Advice to claimants,16.14-16.15206
Aetiology see Causation
Age limits (termination of benefits),8.48-8.5151
Age variations (permanent disability),11.13, 11.49-11.50110
Aggravation of injury see Post-accident aggravation of injury
Aids and appliances,9.51-9.56, 14.2065-69, 164
Alcohol and road accidents (statistics),A.59-A.63
Allowance, mobility,10.62-10.64100
Amenities, loss of see Loss of amenities and enjoyment of life
American Medical Association,
Guides to the Evaluation of Permanent Impairment,11.9-11.15, 11.39, 11.61103
Amputation tables see Table of maims
Ancillary services (medical),13.23-13.25
compensable accident victims,13.50
proposals,13.69-13.70157
Anti-discrimination legislation,9.24
Appeal system
(see also Accident Compensation Appeal Tribunal; Compensation Review Panels; Independent Judicial Review; Review)
further appeal,16.87-16.88243
structure,16.30-16.38214
summary16.3, 16.94-16.98
Appliances,9.51-9.56, 14.2065-69, 164
Arnold Report (Victoria),4.26
Artificial members and aids,9.51-9.56, 14.2065-69, 164
Assessing officers,16.16-16.19207
Assessment,
Accident Compensation Corporation,15.20-15.21, 16.1-16.29205-213
compensation see Compensation assessment
earnings see Earnings assessment
individual see Individual assessment
interim see Interim assessment
non-economic loss see Non-economic loss difficulties in assessing
once-and-for-all see Once-and-for-all assessment
Assignability of benefits,8.3845
(see also Compensation rights-forfeiture and assignment)
Assistance to claimants,15.15-15.17, 16.14-16.15206
Attendant care services,10.11-10.3084-86
assessment of need,10.15-10.1885
definition,10.1484
provision of,10.19-10.2286
Australian citizens,14.51169
Australian (National) scheme see National Rehabilitation and Compensation Scheme
Average weekly earnings (AWE),
definitionGlossary
statistics,A.30-A.31
 
Benefits,
as result of injury,2.33
(see also Accident insurance; Domiciliary nursing care benefits; Ex gratia payments; Pensions; Sickness benefits; Sick pay; Unemployment benefits)
Bicycles,14.10-14.11
Boats, power14.9
Bodily injury see Death or bodily injury
Bradley Report (NT),4.44
Breach of statutory duty, action for,2.16, 3.27
Business loans,9.70-9.7377-78
 
Case studies,1.8-1.12
(see also Lump Sum Survey, Traffic Accident Study)14.27-14.39,165-166
Causation,18.3-18.5
Ceiling (compensation),8.25-8.3441-43
Charities (rehabilitation),9.7
Child-care responsibilities,12.44-12.49129-132
summary,12.76
Children,
death benefits,12.24-12.27117-119
death of surviving,12.66146
deaths of both parents,12.61
definition,12.24-12.25117-118
lump sum awards,12.30-12.35122-123
periodic payments,12.37-12.41125-128
limits on,12.62-12.66142-145
summary,12.78
Claimants,
advice to see Advice to claimants
assistance to, see Assistance to claimants
Claims,
(see also Assessment)
process,16.4-16.8
time limit,16.28212
Claims manual,16.23-16.24209
Collateral benefits,
(see also Accident insurance; Ex gratia payments; sick pay, Social security system; Superannuation)
definition,14.98
existing system,14.99-14.101
proposals,14.102-14.105185-186
Commencement and termination of benefits,8.39-8.5146-51
(see also Commencement of benefits; Termination of benefits; Waiting periods)
summary,8.63
Commencement of benefits,8.39-8.4046-49
Committee of Inquiry into a National Rehabilitation and Compensation Scheme see National Rehabilitation and Compensation Scheme (Australia)
Common law,
definition,Glossary
Transport Accident Scheme and,14.57-14.67, 14.81-14.83, 14.99172, 176
summary,14.128
Common law modification schemes,4.3-4.24
(see also Interim assessment; Limits on awards; Periodic payments; Procedural changes)
research program,1.14
Common law negligence action,2.25-2.26
(see also Court system; Damages; Fault principle; Once-and-for-all assessment)
critique of,3.1-3.104
arguments against,3.16-3.100
arguments in support,3.4-3.15
summary,3.102-3.104
definition,Glossary
history,2.2-2.12
summary,2.36
Common law schemes,
(see also Common law modification schemes; Current arrangements; Dual schemes)
death benefits,12.2-12.4
history,2.2-2.8
need for reform,6.1-6.3
Commonwealth,
(see also Administrative Review Council; National Rehabilitation and Compensation Scheme)
attendant care,10.13
mobility allowance,10.63
rehabilitation,9.8-9.10, 9.60, 9.66
social security appeals,16.33
Commonwealth employees,17.52-17.53
Commonwealth funding,17.51-17.57251
health care,13.61, 13.68156
home nursing,13.32-13.34, 13.36
hospitals,13.20-13.22
private,13.17-13.19
proposals,13.65-13.66
nursing homes,13.30-13.31
summary,17.65
Commonwealth Rehabilitation Service,2.63, 5.64, 9.9-9.10, 9.60, 10.42.10.58
Commonwealth vehicles,14.15, 17.27, 17.52-17.53160
Community attitudes,
to current arrangements,1.36-1.37
to fault principle,3.5, 3.28
Community statistics,A.2-A.8
Comparative studies see Interstate and overseas schemes
Compensable,
definition,Glossary
Compensable accident victims (health care),13.2, 13.10, 13.40-13.53
Compensation,
criminal injuries see Criminal injuries compensation
double see Double compensation
form of see Form of compensation
full see Full compensation
Compensation assessment,5.22-5.62
approach of Report,5.52-5.62
models,5.22-5.23
(see also Disability model; Restitution model; Welfare model)
summary,5.85-5.87
Compensation Review Panels,16.34, 16.39-16.56214-227
appeal from,16.57-16.59228
appeal to,16.39-16.41214-216
constitution,16.43-16.44218-219
powers,16.49223
decision-making,16.42217
procedures,16.45-16.48220-227
(see also Costs; Reasons for decision; Representation; Witnesses)
Compensation rights (other),
(see also Defective products; Double compensation; Occupier’s liability; Workers’ compensation)
abolition,14.45-14.67172
election,14.76, 14.85-14.91177-178
forfeiture and assignment,14.95-14.97182-184
summary,14.130-14.131
Compensation systems,
comparisons,1.50
current see Current arrangements
general principles,1.49
history see Historical background
proposed see Transport Accidents Scheme
statutory see Statutory compensation schemes
Comprehensive entitlement,5.18-5.21
summary,5.83
Comprehensive no-fault schemes see No-fault schemes, comprehensive
Compulsory insurance,
(see also Nominal defendant)
historical background,2.19-2.23
Conferences, preliminary (Accident Compensation Appeal Tribunal),16.73
Consortium,2.35
Consultations see Public consultations
Consultative committees,1.31
Contingencies see Reduction for vicissitudes
Contract,Glossary
Contributory negligence,2.8, 2.27, 3.8, 3.22-3.24
(see also Under-compensation)
Convalescent care,13.26-13.31
(see also Nursing homes)
Conybeare Report,3.77, 9.13, 9.42
Coppel Royal Commission (Victoria),4.11, 4.26
Corporation (proposed) see Accident Compensation Corporation
Corrective justice,3.5-3.6
Cost estimates,17.6-17.22
alternatives and comparisons,17.12-17.25
(see also Current arrangements; Dual schemes; Funded scheme; Interstate costs and funding; Pay-as-you-go scheme)
data and assumptions,17.6-17.11
summary,17.61-17.62
Costs,
(see also Financial aspects)
Accident Compensation Appeal Tribunal,16.78239
comparison of no-fault and dual schemes,6.37-6.42
Compensation Review Panels,16.54-16.55225-226
hospital see Hospital costs
influence on policy making,5.16-5.17
medical see Medical costs
Costs (negligence action),
incidental (to community),3.99-3.100
judicial resources,3.84-3.88
legal and administrative,3.89-3.94
third party insurance, 1.40-1.41, 3.96-3.98
Course of employment accidents,
funding source,17.48-17.49
workers’ compensation,14.58, 14.74-14.76
cost of claims,14.77-14.78
Court system,
(see also Delays; Evidentiary problems; Judicial independence; Procedural changes)
Accident Compensation Appeal Tribunal and,16.80-16.89241-243
argument in favour of negligence action,3.14-3.15
burden on,3.84-3.88
rehabilitation and,3.71-3.77
Crimes of violence,14.109, 14.117188
Criminal injuries compensation,2.47-2.49
Current arrangements (NSW),
(see also Common law negligence action; Limited statutory schemes; Social security system; Workers’ compensation)
community concern,1.36-1.37
cost estimates,17.16-17.18
cost pressures,1.40-1.41
description,2.24-2.64
summary,2.65-2.66
failure to compensate motor vehicle accident victims,1.35
influence on policy making,5.15
rationalisation,5.84
structure of the Report,1.48
 
Damages,2.29-2.33
(see also Discount rate; Economic loss; Limits on awards; Lump sum awards; Non-economic loss; Once-and-for-all assessment; Reduction for vicissitudes)
current escalation of awards,1.40
definition,Glossary
De facto relationships,12.21-12.22116
Death benefits,12.1-12.73114-152
administration,12.72-12.73151-152
eligibility,12.17-12.28115-120
establishing,12.73152
summary,12.29
form,12.9-12.16
limits,12.58-12.68140-148
lump sum payment,12.30-12.36121-124
need for,12.1114
other compensation systems,12.2-12.8
summary,15.74-12.80
Death claims, wrongful,2.34
Death or bodily injury,
(see also Artificial members and aids; Death benefits; Nervous shock; Post-accident aggravation of injury; Pre-accident conditions; Pre-natal injury)
problems of causation,14.21-14.39165-166
summary,14.126
scope of Scheme,14.16-14.20161-164
statistics,A.48-A.58
Deaths,
in rapid succession,12.60141
of both parents,12.61
statistics,A.48-A.51
surviving spouse or child,12.66146
time between accidents and,12.58-12.59140
Deceased victims (permanent disability compensation),11.51-11.52
Decentralisation,
Accident Compensation Corporation,15.49-15.51200-201
accident statistics,A.57-A.58
Decision-making,16.1-16.98205-243
(see also Adverse decisions; Appeal system; Assessment; Claims; Defamation; Dispute resolution; Secrecy; Time limits)
Accident Compensation Appeal Tribunal,
powers,16.60-16.62229
Accident Compensation Corporation,16.4-16.29205-213
powers,16.13205
Compensation Review Panels,
powers,16.42217
procedures,16.45-16.48
high quality (administrative principle),5.75, 15.11, 15.13191
negligence action,3.14-3.15
(see also Court system)
summary,16.91-16.93
Defamation,16.29213
Defective products,14.59-14.64, 14.85
Definitions,Glossary
Delays,
avoidance by periodic payments,8.2
comparison of no-fault and dual schemes,6.32
court system,3.74, 3.78-3.83
Delays Committee (Victoria),4.26, 4.43
Dependants,
(see also Family members)
death benefits,12.17-12.19115
definition,12.18-12.19115
lump sum payment,12.35-12.36123-124
Deterrence,
argument against fault principle,3.37-3.39
argument in support of fault principle,3.7-3.10
Disability,
definition,Glossary
existing see Existing disability or disability or incapacity
latent see Latent disability or incapacity
minimum level see Minimum level of disability
permanent see Permanent disability
total see Total disability
Disability model (compensation assessment),5.23, 5.31-5.37
advantages,5.34-5.35
approach of the Report,5.60-5.61
characteristics,5.31-5.33
disadvantages,5.36-5.37
Discount rate,2.32, 4.17
Discussions see Public consultations
Disfigurement,3.68
Dispute resolution,5.77-5.81
summary,5.90
Distribution of losses
(historical background),2.17-2.23
Doctors see Medical practitioners
Domiciliary nursing care benefits,13.36
Double compensation (avoidance),
(see also Collateral benefits; Compensation rights; Set-offs)
common law modification,4.24
invalid pensions,2.57
periodic payments,8.2
sickness benefits,2.33, 2.57, 2.59-2.60
Transport Accidents Scheme,14.84-14.105177-186
Drivers,
indemnification,14.68173
levy on licences,17.32-17.33247
risk ratings,17.45-17.46250
Driving offences,14.108-14.110, 14.118-14.122189
(see also Fines)
Dual schemes (No-fault supplementing common law),4.25-4.41
(see also under Tasmania; Victoria)
comparison with no-fault schemes,6.12-6.46
summary,6.47-6.48
cost estimates,17.3, 17.19
proposals for,6.4-6.11
 
Earners,
(see also Employees; Long-term incapacity; Self-employed people)
compensation for loss of earning capacity,7.1-7.511-18
definition,7.5-7.15, 7.803-5
high see High earners
measurement of loss,7.3-7.42
not in workforce,8.45-8.4648-49
summary,7.99
Earning capacity see Earners;
Loss of earning capacity; Post-accident earning capacity; Spouse of earner)
Earnings,
(see also Income; Superannuation; Superannuation, Taxation)
assessment,
employees,7.23-7.327-9
(see also Normal weekly earnings; Post-accident employment)
both employed and self-employed,7.4917
definition,
employees,7.17-7.226
self-employed,7.4011
gross see Gross earnings
statistics,A.30-A.40
Earnings approach (compensating the self-employed),7.37-7.4311-13
Economic loss,
damages,2.30
definition,Glossary
estimating (once-and-for-all assessment),3.43-3.49
Election (compensation rights),14.76, 14.85-14.91177-178
Eligibility see Assessment
Emergency family support,10.27-10.3087-88
Employees,
assessment of earning capacity,7.16-7.326-9
weekly earnings,A.33-A.34
Employment, post-accident,7.12, 7.26, 8.464, 8, 49
Employment accidents see Course of employment accidents
Enjoyment of life,2.30, 3.68-3.69, 11.25-11.29
Entitlement (administrative principle),5.75, 15.7-15.8, 15.13191
Equivalent employee approach (to compensating the self-employed),7.37-7.38, 7.4816
Established system see Current arrangements
Etiology see Causation
Evidence, rules of see Rules of evidence
Evidentiary problems (fault principle),3.29-3.33
Ex gratia payments,2.33, 14.98-14.100, 14.103-104186
Ex Gratia Scheme,2.49
Exclusions,14.106
(see also Self-inflicted injury)
current schemes,14.107-14.110
matters of principle,14.111-14.115
proposals,14.116-14.123187-190
summary,14.132
Existing arrangements see Current arrangements
Existing disability or incapacity,14.28-14.30165
Expectation of life, loss of,11.30
Expenses see Costs
Extended family see Family members
 
Family members,
(see also Children, Household services; Replacement household services; Spouse)
attendant care,10.23-10.26
death benefits,12.20-12.28116-120
definition,12.28120
emergency support,10.27-10.3087-88
labour force statistics,A.41-A.45
lump sum payments,12.30-12.32, 12.35-12.36123-124
Fault (definition),Glossary
Fault principle,
(see also Under-compensation)
abolition of,6.12-6.13
arguments against,3.17-3.39
arguments in support,3.5-3.10
community attitudes,3.5, 3.28
decline of significance,3.34-3.36
evidentiary problems,3.29-3.33
exclusions and,14.111
Files (Compensation Review Panels),16.47-16.48221
Financial aspects,17.1-17.60244-252
(see also Revenue sources)
summary,17.61-17.65
Financial counselling,9.70-9.7277
Fines (motoring offences), First five days,8.41-8.4447
Fixed pension system,8.54
Flexibility (administrative principle),5.75, 15.10, 15.13191
Floor (long term incapacity),7.50-7.5118
Forfeiture of rights,14.95-14.97182-184
Form and payment of compensation,
(see also Lump sum awards; Periodic payments)
comparison of no-fault and dual schemes,6.25-6.28
death benefits,12.9-12.16
policy questions,5.63-5.72
summary,5.88
proposals,8.2-8.3835-45
summary,8.61-8.62
Forms of transport,14.3-14.13159
(see also Commonwealth vehicles; Motor sports; Motor vehicles; Public transport)
Fraud,15.21
Fuel tax,17.36
Full compensation,2.31,6.14
(see also Contributory negligence; Individual assessment; Proportion of loss compensated)
argument in favour of negligent action,3.13
denials of,3.22-3.24, 3.61
dual model,6.18-6.21
no-fault scheme,6.15-6.17
Full-time work statistics,A.20-A.22
Fully funded scheme see Funded scheme
Funded scheme,
cf. pay-as-you-go scheme,17.23-17.25
cost estimates,17.15
definition,Glossary
Funding see Revenue sources
Funds, medical see Medical and hospital funds
Funeral expenses,12.69149
summary,12.80
 
Gair Report (New Zealand),4.51, 8.35
General deterrence,3.10
Geographical scope,14.40-14.49167
double compensation,14.85
drawbacks,18.5
limits,14.44-14.48167
other schemes,14.41
summary,14.127
Grief and suffering,12.70-12.71150
Gross earnings,8.13-8.1738
(see also Taxation)
Guides to the Evaluation of Permanent Impairment11.9-11.15, 11.39, 11.61103
 
Handicapped (definition),Glossary
Handicapped Persons Survey, 1981,3.59, 10.11, 10.55, 10.57
Health care system,13.1-13.72153-158
compensable accident victims,13.40-13.53
costs,13.8-13.10, 13.68156
research programs,1.15
summary,13.73-13.76
Health professionals (training),9.42-9.4862-63
Hearings, open see Open hearings
High earners,8.32-8.3443
Historical background,2.2-2.23
summary,2.65
Holiday pay,14.98-14.102185
Home modifications,10.41-10.4991-94
Home nursing care,13.32-13.36
benefits,13.36
compensable accident victims,13.50
non-profit,13.32-13.34
private,13.35
proposals,13.69-13.70157
Home ownership,10.37-10.4089-90
Hospital costs,13.15-13.22
Commonwealth/State arrangements,13.20-13.22
compensable accident victims,13.44-13.49
proposals,13.62-13.68156
Hospital funds see Medical and hospital funds
Hospital system (State),
funding,17.57251
liaison staff,15.16
rehabilitation,9.11, 9.26, 9.3 3-9.34, 9.37, 9.39, 9.49-9.50
Hospitals see Medical, hospital and related services
private see Private hospitals
public see Public hospitals
Household services,10.2-10.1080-83
(see also Family members; Replacement household services)
limits,10.10,
provision,10.7-10.983
scope,10.3-10.680-82
 
Impairment,
definition,Glossary
earning capacity see Loss of earning capacity
permanent see Permanent disability
Imprisonment,14.123190
Incapacity,
(see also Loss of earning capacity)
definition,Glossary
existing see Existing disability or incapacity
latent see Latent disability or incapacity
long-term see Long-term incapacity
permanent see Permanent disability
short-term see Short-term incapacity
Income,
(see also Earnings)
definition (self-employed),7.4011
labour force statistics,A.30-A.40
Income tax see Taxation
Indemnification of owner/driver,14.68173
Independence (administrative principle),5.75-5.76, 15.9, 15.13, 15.41191
Independent judicial review,6.29-6.31, 16.89
(see also judicial independence)
Independent living see Support services and independent living
Indexation of compensation,8.35-8.3744
Individual assessment,
(see also Full compensation)
argument in favour of negligence action,3.13
comparison of no-fault and dual schemes6.22-6.24
Informality,
Accident Compensation Appeal Tribunal,16.66-16.69232
Compensation Review Panels,16.45-16.46220
Injury see Death or bodily injury
Institutional accommodation,10.50-10.5395-97
Institutional care,13.37-13.39
compensable accident victims,13.51-13.53
proposals,13.71-13.72158
Insurance,
accident see Accident insurance
compulsory see Compulsory insurance
third party see Third party insurance
top-up see Top-up insurance
Insurance bodies and the administration of the Scheme,15.27, 15.29-15.31, 15.33-15.36, 15.45, 15.49, 15.51-15.52, 15.54
“Insurance mentality”,3.14, 3.95
Interim assessment,4.4-4.14
Accident Compensation Corporation,16.25-16.26210
New South Wales,4.10
South Australia,4.7
Tasmania,4.12
United Kingdom,4.8-4.9
Victoria,4.11
Western Australia,4.5-4.6
Interim payment of death benefits,12.72151
Interstate and overseas schemes,
(see also New Zealand scheme; Northern Territory scheme; South Australia; Tasmania; United Kingdom; United States; Victoria; Western Australia)
consultations,1.28-1.30, 6.7
rehabilitation,9.17-9.23
research program,1.13
Interstate costs and funding,17.20-17.21, 17.50
Invalid pensions,2.54-2.57
Investment of funds (Accident Compensation Corporation),15.52-15.54
Investment of lump sum awards,2.57, 3.50, 3.58, 3.63-3.67, 8.2
Issues Paper,1.4, 1.36, 3.3-3.4, 3.89
 
Journey accidents,
funding source,17.48-17.49
workers’ compensation,14.58, 14.70-14.73
cost of claims14.77-14.78
Judicial independence,3.14, 3.95
(see also Court System; Independent judicial review)
 
Labour force statistics,A.9-A.45
Latent disability or incapacity,14.31-14.32, 14.123165
Law Society of New South Wales,
arbitration system,3.83, 4.22
discussions with,1.18, 3.94
dispute resolution,5.78-5.80
individual assessment,5.78-5.80
legal costs,3.94, 4.22
lump sum awards,6.26, 9.70
medical expenses,13.57
periodic payments,6.26
post-accident earning capacity,7.57
restitution principle,5.44
submission,4.25, 5.78-5.80, 7.57
support for dual scheme,4.25, 5.78-5.80, 6.4-6.7, 6.9, 6.26
Legal advice,16.15206
(see also Representation)
Legal and administrative costs (negligence action),3.89-3.94
Levy on drivers’ licences,17.32-17.33247
Liability,2.25-2.28
strict see Strict liability
Licences, drivers’, levy on,17.32-17.33247
Limited statutory schemes,
current,46-2.52
drawbacks,18.3-18.5
Limits,
awards,4.16-4.20
compensation (ceiling),8.25-8.3441-43
death benefits,12.58-12.68140-148
time see Time limits
Litigation see Court system
Loans,
business,9.70-9.7377-78
home ownership,10.37-10.4089-90
Long-term incapacity,
definition,7.51, 7.8618, 30
earners (the floor),7.50-7.5118
non-earners,7.81-7.8630
Loss,
economic see Economic loss
non-economic see Non-economic loss
Loss of amenities and enjoyment of life,2.30, 3.68-3.69, 11.25-11.29
Loss of consortium,2.35
Loss of earning capacity,
(see also Commencement and termination of benefits; Earners; Form and payment of compensation Non-earners; Permanent disability)
compensation for,7.1-7.99, 8.1-8.601-54
summary,7.99, 8.61-8.64
Loss of economic capacity,7.82-7.86
Loss of enjoyment of life,2.30, 3.68-3.69, 11.25-11.29
Loss of expectation of life,11.30
Losses,
distribution (historical background),2.17-2.23
policy questions,5.2-5.3
Lost opportunity,7.86
Lump sum awards,2.29
(see also Limits on awards; Once-and-for-all assessment; Permanent disability; Redemptions)
arguments in support of,3.11-3.12
death benefits,12.30-12.36121-124
summary,12.75
inadequacy of,3.50-3.58, 6.26
investment,2.57, 3.50, 3.58, 3.63-3.67, 8.2
policy questions,5.69-5.72
use of by plaintiff,3.62-3.67
Lump Sum Survey,1.9
adequacy of awards and settlements,3.51-3.55, 8.8
reliance on social security,3.60, 8.8
use of award by plaintiff,3.62, 3.65-3.66, 8.2
 
McLachlan Committee Report (New Zealand),4.51
Maims, table of see Table of mains
Management (Accident Compensation Corporation),15.42-15.44196-197
summary,15.64
Material dependence see Dependants
Mechanical aids (rehabilitation),9.51-9.56, 14.2065-69, 164
Medical and functional rehabilitation,
aim,9.35-9.4059-61
problems,9.41-9.5062-63
Medical and hospital funds,
proposals,13.57-13.68154-156
costs,13.62-13.68156
services,13.57-13.61154-155
Medical assessment,16.5, 16.20-16.22208
Medical costs,
compensable accident victims,13.41-13.43
health care system,13.11-13.14
proposals,13.62-13.68156
Medical equipment and mechanical aids,9.51-9.56, 14.2065-69, 164
Medical, hospital and related services,13.1-13.53153
(see also Health care system)
proposals,13.54-13.72154-158
summary,13.73-13.76
Medical practitioners (rehabilitation speciality),
shortage,9.44-9.4863
training,9.42-9.4762
Medical training,9.42-9.4862-63
Medicare,
administration,13.56
costs,13.9, 13.62-13.63
ancillary and home nursing,13.23, 13.33, 13.69-13.70
hospital,13.15-13.19, 13.21-13.22, 13.44-13.45
medical,13.11-13.14, 13.41, 13.43
summary,13.73-13.75
Meetings and seminars,1.23-1.27, App. E
Minimum level of disability,11.45-11.47108
Minogue Report (Victoria),
description,4.35-4.37
legal costs,3.90
rehabilitation,3.77, 9.17, 9.47
self-employed people,7.36
Mobility,10.54-10.6498-100
definition,10.55
Mobility allowance,10.62-10.64100
Modification,
home see Home modifications
vehicle see Motor vehicles modification
workplace see Workplace, alterations to
Modification of common law
schemes see Common law modification schemes
Money (as compensation),5.64-5.68
(see also Lump sum awards; Periodic payments)
Motor fuel tax,17.36
Motor sports,14.12-14.13, 14.108-14.110159
Motor vehicle accident victims,
failure to compensate,1.35
statistics,A.48-A.58
Motor vehicle accidents (scope of the Report),1.33-1.44
Motor vehicle owners,
contributions from,17.27-17.30245
indemnification,14.68173
Motor vehicle third party insurance see Third party insurance
Motor vehicles,14.3-14.5
definition,14.14159
modification,10.57-10.6198-99
risk classifications,17.41-17.44249
Motoring offences see Driving offences
 
National Rehabilitation and Compensation Scheme (proposed),4.54-4.58
administration,15.28
compensation models,5.33, 5.35, 5.42-5.43
comprehensive entitlement,5.18-5.19, 18.5
death benefits,12.20
earnings,7.20
financial aspects,17.25
legal and administrative costs,3.89-3.90
minimum level of disability,11.46
philosophy,4.48
proportion of loss compensated,8.19
prospects for,18.1-18.13
redemptions,8.5
rehabilitation,9.15-9.16, 9.48-9-49, 9.77
short-term injuries,8.42
State relations,4.61, 4.65, 5.14, 18.6
Negligence,
contributory see Contributory negligence
definition,Glossary, 2.25-2.26
Negligence action see Common law negligence action
Nervous shock,14.18-14.19163
New Zealand scheme,1.13, 4.48-4.55
(see also Gair Report; McLachlan Committee Report; Quigley Report; Woodhouse Report)
administration,15.3, 15.7, 15.31, 15.41-15.42, 15.49
administrative costs,6.39
appeal system,16.35-16.36, 16.57-16.58
attendant care,10.13
bodily injury,14.20
claims manual,16.23
death benefits,12.6
earners,7.7
emergency family support,10.27
exclusions,14.107, 14.113-14.114
failure to index benefits,8.35
financial aspects,17.7-17.10, 17.17
home modifications,10.43, 10.47
medical costs,13.5-13.6
mobility,10.59
pain and suffering,11.24
permanent disability,11.36-11.40, 11.45-11.46
assessment,8.55-8.56, 8.60
post-accident earning capacity,7.57, 7.61
pre-accident conditions,14.27
proportion of loss compensated,8.19
redemptions,8.5
rehabilitation,9.19-9.21, 9.47, 9.58
self-employed people,7.36
waiting period,8.44
No-fault compensation,
definition,Glossary, 1.1
United States experience,6.46
No-fault schemes,1.38-1.39
comparison with dual schemes,6.12-6.46
summary,6.47-6.48
comprehensive,4.48-4.58
(see also National Rehabilitation and Compensation Scheme; New Zealand scheme)
prospects for,18.1-18.13
death benefits,12.6-12.8
history,2.13-2.15
medical services,13.5-13.7
replacing common law,4.42-4.47
(see also Northern Territory scheme)
research program,1.13
supplementing common law see Dual schemes
Nominal defendant,2.20, 3.32
Non-earners (compensation),7.1, 7.81-7.8629-34
(see also Notional earning capacity)
assessment,7.87-7.9431-34
definition,7.8029
short-term incapacity,7.95-7.9834
summary,7.99
Non-economic loss,
(see also Loss of amenities and enjoyment of life; Pain and suffering; Permanent disability)
damages,2.30
definition,Glossary
difficulties in assessing,3.68-3.70
Non-residents see Residents and non-residents
Non-wage benefits (statistics),A-40
Normal weekly earnings,
(see also Post-accident employment)
adjustment to,7.27-7.329
calculation,
employees,7.23-7.257-8
self-employed,7.41-7.4312-13
Northern Territory scheme,1.13, 1.38-1.39
administration,15.29
death benefits,12.6, 12.59
description,4.44-4.47
exclusions,14.12, 14.110, 14, 114
geographical scope,14.41
health care,13.57
redemptions,8.12
unconscious victims,11.55
waiting period,8.42
Notice of assessment (post-accident earning capacity),7.6322
Notification of adverse decisions,16.27211
Notional earning capacity,7.51, 7.87-7.9031
Nursing homes,
compensable accident victims,13.51-13.53
convalescent care,13.27-13.31
proposals,13.71-13.72158
 
Occupiers’ liability,14.65-14.66
Ombudsman,16.90
Once-and-for-all assessment,2.29
(see also Lump sum awards)
criticisms of,3.40-3.42, 3.73
economic loss,3.43-3.49
permanent disability,11.31
reliance on social security system,3.59-3.60
Open hearings,
Accident Compensation Appeal Tribunal,16.74222
Compensation Review Panels,16.48225
Over-compensation,3.44, 8.2
Overseas residents see Residents and non-residents-overseas
Overseas schemes see Interstate and overseas schemes
Owners see Motor vehicle owners
 
Pain, assessment of,11.12
Pain and suffering,2.30, 3.68, 11.40
Panels see Compensation Review Panels
Parties (Compensation Review Panels),16.41216
Part-time work (statistics),A.20-A.22
Pay-as-you-go scheme,
cf. funded scheme,17.23-17.25
cost estimates,17.12-17.14
definition,Glossary
Payment of compensation see Form and payment of compensation
Pearson Royal Commission (UK),
appointment and terms of reference,4.1, 4.49
compensation for personal injury (definition),5.2
limits on awards,4.18-4.20
loss of expectation of life,11.30
non-economic losses,11.33
proposals,4.8-4.9, 4.25
Pecuniary loss see Economic loss
Pensions,2.33, 14.103-14.104186
(see also Age limits; Fixed pension system Invalid pensions)
Periodic payments,
(see also Structured settlements)
advantages,8.2
children (surviving),12.37-12.41125-128
current arrangements,4.4-4.14
New South Wales,4.10
South Australia,4.7
Tasmania,4.12
United Kingdom,4.8-4.9
Victoria,4.11
Western Australia,4.5-4.6
death benefits (summary),12.76-12.78
limits (surviving spouse and children),12.62-12.68142-145
policy questions,5.69-5.72
proposed,6.25, 8.2-8.335
spouse (surviving),12.42-12.53129-135
Permanent disability,5.37, 11.1-11.58101-113
(see also Loss of amenities and enjoyment of life; Pain and suffering)
assessment (permanent incapacity),8.52-8.6052-54
summary,8.64
common law approach,11.20-11.34, 11.43
definition,11.8-11.10103
duty to mitigate,11.57113
New Zealand system,11.1, 11.36-11.40, 11.45-11.46
proposals,11.41-11.58101-113
amount of compensation,11.43-11.44107
assessment,11.58
form of compensation,11.41-11.42
scope,11.11-11.18104-106
summary,11.59-11.62
workers’ compensation,11.35, 11.38, 11.4
Pharmaceutical supplies,9.5265
Placement programs,9.65-9.6774-75
Policy formation (Accident Compensation Corporation),15.18-15.19, 15.26192
Policy making, influences on,5.13-5.17
Policy questions see Transport Accidents Scheme-objectives
Policy review (Transport Accidents Scheme),15.19, 15.41-15.42, 15.56-15.61, 16.24, 16.90203-204
Post-accident aggravation of injury,14.34-14.39166
consequences of transport accident,14.35-14.36
independent events,14.37-14.39
Post-accident earning capacity,
assessment (earners),7.52-7.6319-21
notice of,7.6322
non-earners,7.9433
Post-accident employment,7.12, 7.26, 8.464, 8, 49
Potential for advancement,7.51, 7.64-7.7923-28
assessment,7.74-7.7926-28
eligibility to claim,7.64-7.7323-25
non-earners,7.91-7.9332
Power vessels,14.9
Pre-accident conditions,14.27-14.33165
(see also Latent disability or incapacity)
Preliminary conferences (Accident Compensation Appeal Tribunal),16.73
Pre-natal injury,14.17162
Private hospitals,
costs,13.17-13.19
Procedural changes,4.21-4.23
Promotion (Accident Compensation Corporation),15.15-15.17, 15.26192
Proportion of loss compensated,8.18-8.2439-40
Proposals see Transport Accidents Scheme (proposed)
Public consultations,1.18-1.32, App. D
(see also Interstate and overseas schemes- consultations; Meetings and seminars; Submissions)
Public hearings see Open hearings
Public hospitals,
costs,13.16
Public transport,14.6-14.7159
(see also Mobility)
definition,14.6
Public transport accidents (scope of the Report),1.45-1.46
Public transport authorities,
contributions from,17.31246
risk factors, safety and funding,17.47
Publications,1.3-1.6
(see also Issues Paper, Working Paper)
Publicity (Accident Compensation Corporation),15.15-15.17, 15.26192
 
Queensland,
Medical Boards,16.20-16.21, 16.30
Quigley Report (New Zealand),4.52-4.53
minimum level of disability,11.46
 
Races, motor,14.12-14.13, 14.108-14.110159
Reasons for decision,
Accident Compensation Appeal Tribunal,16.79240
Compensation Review Panels,16.56227
Redemptions,8.4-8.12, 14.8936-37, 177
Reduction for vicissitudes,2.31, 7.64
(see also Full compensation)
Reference, terms of,1.1-1.2, 1.33
Reform,
need for,3.101
proposals in New South Wales,4.59-4.71
range of proposals,4.1-4.2
(see also Common law modification schemes; Dual schemes; No-fault schemes)
summary,4.72-4.74
Registration see Motor vehicle owners
Rehabilitation,
(see also Commonwealth Rehabilitation Service; Health care and rehabilitation; Workforce rehabilitation)
comparison of no-fault and dual schemes,6.33-6.36
consultations,1.32
definition,9.2
effects of common law on,3.71-3.77
historical development,9.6-9.24
policy questions,1.49, 5.7-5.12
proposals,9.1, 9.25-9.7655-79
summary,9.77-9.79
right to,9.2555
Rehabilitation Section (proposed),9.32-9.3458
Rehabilitation services,
(see also Medical equipment and mechanical aids)
centralisation,9.49-9.5064
provision,9.26-9.3156-57
Relatives, compensation to,14, 100
(see also Family members)
Remarriage of surviving spouse,12.67-12.68147-148
Replacement household services,12.54-12.57136-139
summary,12.79
Replacement services approach (to compensating the self-employed),7.37-7.38, 7.43-7.4714-15
Report structure,1.47-1.55
Representation,
(also see Costs)
Accident Compensation Appeal Tribunal,16.76237
Accident Compensation Corporation,16.14206
Compensation Review Panels,16.50-16.52224
Research (Accident Compensation Corporation),15.23, 15.26192
Research program,1.7-1.17, 3.42
(see also Case studies and the subheading research program under: Common law modification schemes; Health care and rehabilitation; Interstate and overseas schemes; No-fault schemes; Workers’ compensation)
Residents and non-residents, 14.49-14.56168-171
definition,14.50-14.51168
overseas,14.52-14.56170-171
Restitution,3.13
(see also Full compensation; Individual assessment; Loss of earning capacity; compensation for Restitution model)
Restitution model (compensation assessment),5.23, 5.38-5.51
advantages,5.41-5.44
approach of Report,5.57-5.59
characteristics,5.38-5.40
disadvantages,5.45-5.51
Retraining see Training and retraining
Return to work,
compensation entitlement and,9.68-9.6976
Revenue sources,1.42-1.44, 17.23-17.57244-251
(see also Commonwealth funding; Interstate costs and funding; Risk factors; Safety and funding)
continuing review,17.37248
summary,17.63-17.64
Review,16.90
(see also Appeal system)
Review Panels see Compensation Review Panels
Rights,
compensation see Compensation rights
rehabilitation see Rehabilitation right to
Risk factors, safety and funding,17.38-17.47249-250
drivers,17.45-17.46250
vehicles,17.41-17.44249
Risk spreading (historical background),2.17-2.18
Rules of evidence,
Accident Compensation Appeal Tribunal,16.70-16.72233-234
Compensation Review Panels,16.45-16.46220
 
SSATs see Social Security Appeals Tribunals
Safety,
administrative function,15.24-15.26192
policy questions,5.4-5.6
risk factors and funding,17.38-17.47249-250
Secrecy,16.29213
Self-employed people,
approaches to compensation,7.37-7.38 10
assessment of earning capacity,7.33-7.4910-17
income statistics,A.37-A.39
Self-inflicted injury,14.66, 14.107-14.110, 14, 116187
Seminars see Meetings and seminars
Services (as compensation),5.64-5.68
(see also Social security system)
Set-offs,14.92-14.94179-181
(see also Collateral benefits)
definition,Glossary
Settlements,3.25-3.27
structured,4.13-4.14
Sheltered employment allowances,2.61
Short-term incapacity,7.95-7.98, 8.4234
Sick pay,2.33, 8.42, 14.84, 14.98-14.99, 14.102185
Sickness benefits,2.33, 2.58-2.60
Social rehabilitation,9.74-9.7679
Social Security Appeals Tribunals (SSATs),16.33, 16.43-16.44, 16.50, 16.53
Social security system,
(see also Commonwealth Rehabilitation Service; Restitution model; Services; Sickness benefits; Unemployment benefits; Welfare model)
description,2.52-2.63
double compensation (avoidance),14.84, 14.98, 14, 100, 14.104-14.105
reliance on (once-and-for-all assessment),3.59-3.60
summary,2.64
Solatium,12.70-12.71150
South Australia,
interim assessment and periodic payments,4.7, 4.59
speed (administrative principle),5.75, 15.12-15.13191
Sporting injuries,2.50-2.51
Sports, motor,14.12-14.13, 14.108-14.110159
Spouse,
(see also Dependants, Family members)
death benefits,12.21-12.23116
death of surviving,12.66146
definition,12.21116
earning capacity,
assessment,12.53135
impaired,12.50-12.52133-134
lump sum awards,12.30-12.35122-123
periodic payments,
additional (spouse of earner),12.42-12.53129-135
limits on,12.62-12.65142-145
summary,12.76-12.77
remarriage,12.67-12.68147-148
Spreading the risk (historical background),2.17-2.18
Staff structure,
Accident Compensation Appeal Tribunal,16.83-16.86
Accident Compensation Corporation,15.17, 15.45-15.48198-199
(see also Assessing officers)
State level of inquiry (influence on policy making),5.14
State scheme (disadvantages),18.6
Statistics,A.1-A.73
Statutory authority see Accident Compensation Corporation
Statutory compensation schemes,2.13-2.15
(see also Limited statutory schemes; No-fault schemes)
Statutory duty, action for breach of,2.16, 3.27
Strict liability,
(see also Statutory duty, action for breach of)
definition,Glossary
history,2.6
Structure of Report,1.47-1.55
Structured settlements,4.13-4.14
Submissions,1.19-1.22, App. B-C
consultations on,App. D.I
Suffering see Pain and suffering, Solatium
Suicide see Self-inflicted injury
Superannuation,7.21, 14.84, 14, 98, 14.100, 14.103-14.104186
Support services and independent living,10.1-10.6480-100
(see also Accommodation; Attendant care services; Emergency family support; Household services; Mobility)
summary,10.65-10.70
Surveys see Research program
Susceptibility to injury,14.33
Suspension of decision appealed from,16.75236
 
Table of maims,11.35
definition,Glossary
Tasmania,
interim assessment of periodic payments,4.12
no-fault scheme replacing common law (proposed),4.42
no-fault scheme supplementing common law,
administration,15.29, 15.41-15.42
death benefits,12.6, 12.58
description,1.13, 1.38-1.39, 4.25, 4.39-4.41, 4.59
employees and self-employed,7.49
exclusions,14.109, 14.114, 14, 118
geographical scope,14.41
gross earnings,8.14
proportion of loss compensated,8.19
replacement services approach,7.45
vehicle risk classifications,17.41
waiting period,8.42
Tax, motor fuel,17.36
Taxation,
(see also Gross earnings)
compensation assessment based on returns,7.43
income and,7.4011
increase in revenue,17.55-17.56
liability of Accident Compensation Corporation,15.54-15.55
periodic payments,12.39, 12.47130
Victorian scheme,4.30, 8.13, 8.15-8.16
Termination of benefits,8.47-8.5150-51
(see also Age limits)
Terms of reference,1.1-1.2, 1.33
Third party insurance (motor vehicle),
(see also Financial aspects)
costs,1.40-1.41, 3.96-3.98
current premiums,1.40-1.41
deterrence and,3.7, 3.9-3.10
funding source,1.42
health care costs,13.42-13.43, 13.46-13.50
historical background,2.18, 2.20
Thresholds (permanent disability),
minimum level,11.45-11.47108
total disability,11.48109
Time limits,
appeals,16.40215
between accident and death,12.58-12.59140
lodging claims,16.28212
Top-up insurance,8.3142
Tort (definition),Glossary
(see also Common law)
Total disability,11.45-11.48109
Traffic Accident Study,1.12
adequacy of awards,3.56-3.58
delays,3.79, 3.82
estimating economic loss,3.46
reliance on social security,3.60
use of award by plaintiff,3.62, 3.65-3.67, 8.2
Traffic accidents see Transport accidents
Traffic offences see Driving offences
Training and retraining,
disabled persons and dependent spouses,9.58-9.5970
health professionals,9.42-9.48
Transitional arrangements,17.58-17.60252
Transport see Mobility
Transport accidents,
(see also Forms of transport Motor vehicle accidents; Public transport accidents)
definition,14.14, 14.21159
Report’s concentration on,1.1-1.2
reasons for,1.33-1.46
scope,14.3-14.15
summary,14.125
statistics,A.46-A.72
Transport Accidents Scheme (proposed),
(see also Accident Compensation Corporation Administration; Exclusions; Financial aspects; Medical, hospital and related services)
context,1.55, 18.1-18.13
cost,1.54
coverage,14.40-14.56167-171
(see also Geographical scope)
establishment,15.32-15.38193
objectives,5.1-5.81
summary,5.82-5.90
research program,1.17
scope,1.52, 14.1-14.123159-190
summary,14.124-14.132
structure of Report,1.51
workers’ compensation and,9.6373
Tribunal see Accident Compensation Appeal Tribunal
 
Uncompensated accident victims (argument against fault principle),3.17-3.21
Unconscious victims,11.53-11.56112
Under-compensation,3.22-3.24, 3.44, 8.2
(see also Settlements)
Unemployment,
benefits,2.33, 2.61
statistics,A.17-A.19
United Kingdom,
(see also Pearson Royal Commission)
interim assessment and periodic payments,4.8-4.9
United States,
experience of no-fault schemes,6.46
structured settlements,4.13-4.15, 6.27
Universal coverage see Comprehensive entitlement
 
Vehicles, motor see Motor vehicles
Verbal threshold,6.46
Vessels, power,14.9
Vicissitudes see Reduction for vicissitudes
Victims, motor vehicle accident see Motor vehicle accident victims
Victoria,
(see also Delays Committee, Minogue Report)
interim assessment and periodic payments,4.11
no-fault scheme supplementing common law,
administration,1.13, 15.31, 15.41, 15.53
as model for New South Wales,1.13, 4.59, 6.2, 6.6-6.8, 6.10, 6.18-6.19
summary,6.47-6.49
costs,6.39-6.46
death benefits,12.6, 12.58-12.59
description,1.13, 1.38-1.39, 4.25-4.40
exclusions,14.12, 14.108, 14, 114
financial aspects,17.3, 17.7-17.9, 17.19
form of compensation,6.28
geographical scope,14.41
medical costs,13.5, 13.7
proportion of loss compensated,8.19
rehabilitation,6.33, 9.17-9.18
taxation,4.30, 8.13, 8.15-8.16
workers’ compensation,14.71
Violence, crimes of,14.109, 14.117118
Visits and visitors see Interstate and overseas schemes-consultations
Vocational training,9.58-9.5970
 
Waiting periods,8.41-8.4647-49
Welfare model (compensation assessment),5.23-5.30
advantages,5.26-5.28
approach of the Report,5.62
characteristics,5.24-5.25
disadvantages,5.29-5.30
Western Australia,
interim assessment and periodic payments,4.5-4.7, 4.59
“Whole Person Approach”,
(permanent disability),11.9-11.15, 11.39, 11.61103
Witnesses,
Accident Compensation Appeal Tribunal,16.77238
Compensation Review Panels,16.53
Women and employment patterns,A.14-A.16
Woodhouse Committee and Report (Australia) see National Rehabilitation and Compensation Scheme
Woodhouse Report (New Zealand),4.48-4.52, 5.42-5.43, 5.61, 11.1, 15.24
Workers’ compensation,
Accident Compensation Appeal Tribunal,16.83, 16.85
Accident Compensation Corporation,15.32-15.33
Administration of Transport Accidents Scheme,15.27, 15.30, 15.33, 15.37
collateral benefits,14.101
Compensation models,5.25, 5.32, 5.39
current scheme,2.37-2.45, 7.56
death benefits,12.5
existing incapacity,14.30
form and payment of compensation,8.19, 8.37
finding source,1.43
historical background,2.8-2.11, 2.14, 2.17-2.20
liability to pay,9.62-9.6473
medical assessment,16.20
medical costs,13.5
permanent disability,11.35, 11.38, 11.43
post-aggravation,14.38-14.39
redemptions and,8.4-8.7, 14.89177
rehabilitation and,3.77, 7.56, 9.12-9.14
research program,1.16
sick pay,14.102
transport accidents,14.58, 14.69-14.80, 14.84-14.89, 14.94174-175, 177
(see also Course of employment accidents; Journey accidents)
costs,14.77-14.78
waiting periods,8.42
Workforce rehabilitation,9.57-9.7370-78
Working Paper: “Deferred Assessment of Damages for Personal Injuries” (1969),4.10, 4.59-4.60
Working Paper “A Transport Accidents Scheme for NSW” (1983),
accident prevention,15.24
administration,15.3
age limits,8.48
ceiling on compensation,8.26, 8.28
common law rights,14.81
course of employment accidents,14.74-14.75
death benefits,12.1, 12.9-12.16, 12.70-12.71
earners,7.7-7.8
escalation of damages,1.40
failure to compensate motor accident victims,1.35, 3.18
financial aspects,17.2, 17.8, 17.23
geographical scope,14.40
gross earnings,8.13, 8.15
hospital costs,13.46
journey accidents,14.71-14.72
loss of economic capacity,7.82, 7.84
lost opportunity,7.86
non-earners,7.82, 7.84, 7.86
permanent disability,11.43, 11.49
potential for advancement,7.66-7.67
proportion of loss compensated,8.18
proposals,1.6, 6.2
redemptions,8.4
rehabilitation,8.52, 9.1, 9.26
self-employed people,7.37
summary,1.5-1.6
tax returns,7.43
transport accidents,14.21
reasons for concentration on,1.33
unemployment,7.55
waiting periods,8.42
Workplace, alterations to,9.60-9.6171-72
Work-related accidents,14.69-14.80174-176
(see also Workers’ compensation)
common law actions,14.81-14.83176
special provision (set-offs),14.94181
summary,14.130-14.131
Wrongful death claims,2.34
 

 



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