Page 1658 - Week 05 - Tuesday, 14 May 2019

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(1A) However,  if the claimant brings a proceeding based on the claim, and applies to stay the proceeding, under section 141 (3B) (WPI assessment 4 years 6 months after motor accident), the parties to the claim must have a compulsory conference before the proceeding can proceed.

Note  The Civil Law (Wrongs) Act 2002, s 79 (Need for urgent proceeding) applies to a claimant in relation to a motor accident claim.

Schedule 3

Motor Accident Injuries Bill 2019

Amendments moved by Ms Le Couteur

1

Proposed new clause 76 (a) (vii)

Page 62, line 15—

insert

(vii) if the injured person’s pre-injury income AWE adjusted is less than $800 AWE indexed—any contribution paid or payable on behalf of the person by the person’s employer to a superannuation scheme for the benefit of the person; but

2

Clause 76 (b) (i)

Page 62, line 17—

omit clause 76 (b) (i), substitute

(i) if the injured person’s pre-injury income AWE adjusted is $800 AWE indexed or more—any contribution paid or payable on behalf of the person by the person’s employer to a superannuation scheme for the benefit of the person; but

3

Proposed new clause 76 (2)

Page 62, line 27—

insert

(2) In this section:

AWE adjusted, for an injured person’s pre-injury income—see section 94.

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