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Compensation
Reference received: 12 November 1981
Report
Report 41: Accident Compensation: Workers' Compensation (Amendment) Bill 1982 and Cognate Bills (PDF, 196.4 KB), June 1983
Tabled in parliament: 1 December 1983
Judicial citation: Mihaljevic v Longyear (Australia) Pty Ltd (1985) 3 NSWLR 1 at 10
Report 43: Accident Compensation: A Transport Accidents Scheme for New South Wales (PDF, 2.6 MB), October 1984
An Outline of the Report was also published [PDF, 102Kb] (PDF, 103.1 KB)
Tabled in parliament: 19 March 1985
Legislative action: Transport Accidents Compensation Act 1987
Judicial citation: J Johnson v Boral Resources (NSW) Pty Ltd NSW Supreme Court, No 16217/86, Rogers CJ CommD, 4 May 88, unreported) at 7; Southgate v Waterford (1990) 21 NSWLR 4 7 at 435
Issues paper
Issues Paper 2: Accident Compensation, June 1982
An Outline of the Issues Paper was also published]
Working paper
Working Paper 22: Accident Compensation: A Transport Acciden s Scheme for New South Wales, May 1983 [An Outline of the Working Paper was also published]
Consultant's papers
Consultant's Paper by Colin Bass Human Resources Lump Sum Accident Compensation, June 1983
Consultant's Paper by M Chesterman Accident Compensation: Proposals to Modify the Common Law, November 1983
Consultant's Paper by J Dewdney and I Irwin The Aftermath - Caring for Accident Victims in New South Wales, September 1984
Research papers
Research Paper 1: by J Dewdney and I Irwin The Aftermath - Caring for Accident Victims in New South Wales, September 1984
Research Paper 2: Accident Compensation - Case Study Booklet, August 1984
Terms of reference
To inquire into, report on and make recommendations concerning the extent to which compensation should be payable in respect of death or personal injury and in particular, without affecting the generality of the foregoing, to consider
(a) whether "no-fault compensation" should be payable in respect of death or personal injury suffered by any person through the use of a motor vehicle or other means of transport;
(b) whether "no-fault compensation" should be payable in respect of death or injury suffered by any person in circumstances other than the use of a motor vehicle or other means of transport;
(c) whether a "no-fault compensation" scheme or schemes should be introduced in New South Wales and, if so, to consider further the nature and scope of any such scheme including
- the benefits to be provided;
- the basis on which claims should be determined;
- the means of financing the scheme;
- the manner in which the scheme is to be administered;
- the relationship between the benefits under the scheme and other forms of assistance or entitlements, whether provided under legislation or otherwise;
(d) whether any "no-fault compensation" scheme should be in substitution for all or any rights to compensation under existing law;
(e) whether the principles and practices relating to compensation for death or personal injury under
- workers' compensation legislation;
- other legislation;
- the tort or common law system;
- should be modified and, if so, in what way:
(f) any matter incidental to the above including transitional arrangements for the implementation of recommendations. F or the purpose of this reference, "personal injury" includes pre-natal injury, illness resulting from injury and occupational disease.
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