New South Wales Law Reform Commission

To The Honourable D P Landa, LLB, MP,

Attorney General For New South Wales

Accident Compensation Final Report 1 -

A TRANSPORT ACCIDENTS SCHEME FOR NEW SOUTH WALES

We make this Report under our reference from you to inquire into and review the law concerning the extent to which compensation should be payable in .aspect of death or personal injury.

Professor Ronald Sackville

(Chairman)

Deirdre O'Connor

(Commissioner)

Professor Colin Phegan

(Commissioner)

Marcia Neave

(Part-time Commissioner)

The Honourable Justice Andrew Rogers

(Commissioner)

Philippa Smith

(Part-time Commissioner)

H D Sperling, QC

(Commissioner)

22 October 1984

TERMS OF REFERENCE

On 12 November 1981, the then Attorney General of New South Wales, the Hon F J Walker, QC, MP, made the following reference to the Commission:

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.

For the purpose of this reference, “personal injury” includes pre-natal injury, illness resulting from injury and occupational disease.

New South Wales Law Reform Commission

The New South Wales Law Reform Commission is constituted by the Law Reform Commission Act, 1967. The Commissioners are:

Chairman

Professor Ronald Sackville

Deputy Chairman

Mr Russell Scott

Full-time Commissioners

Paul Byrne

Miss Deirdre O'Connor

Professor Colin Phegan

Part-time Commissioners

Associate Professor Bettina Cass

Mr Julian Disney

Her Hon Judge Jane Mathews

Ms Marcia Neave

The Hon Justice Peter Nygh

The Hon Justice Adrian Roden

The Hon Justice Andrew Rogers

Ms Philippa Smith

Mr H D Sperling, QC

Research Director

Mr Mark Richardson

Members of the research staff are:

Mr Ian Ramsay (until 7 August 1984)

Ms Roslyn Robertson

Ms Fiona Tito

Ms Judith Walker

Ms Meredith Wilkie

The Secretary of the Commission is Mr Peter Lemon and its offices are at 16th Level Goodsell Building, 8-12 Chifley Square, Sydney, NSW (telephone (02) 238 7213).

PARTICIPANTS

The Division

On 5 November 1982, pursuant to section 12A(1) of the Law Reform Commission Act, 1967, the Chairman constituted a Division of the Commission for the purposes of the reference. The Division comprised the following members of the Commission:

Professor Ronald Sackville (Chairman)

Mr J R T Wood, QC

The Hon Justice Andrew Rogers

Ms Philippa Smith

Mr H D Sperling, QC

Mr Wood left the Commission on 31 January 1984 to take up an appointment to the Supreme Court of New South Wales. Upon the resignation of Mr Wood and following the appointments of Miss D O'Connor in November 1983 and Professor C Phegan in February 1984 as Commissioners, the Chairman reconstituted the Division on 7 February 1984. The Division now comprises the following members:

Professor Ronald Sackville (Chairman)

Miss Deirdre O'Connor (Commissioner)

Professor Colin Phegan (Commissioner)

Ms Marcia Neave (part-time Commissioner)

The Hon Justice Andrew Rogers (part-time Commissioner)

Ms Philippa Smith (part-time Commissioner)

Mr H D Sperling, QC (part-time Commissioner)

Dr R Madden, then Deputy Secretary of the Health Commission of New South Wales, was a Principal Consultant to the Commission in connection with the reference until October 1983, when he accepted a senior position in the Northern Territory.

Principal Researcher:

Ms Fiona Tito (Senior Legal Officer)

Research and Other Assistance:

Mr Mark Richardson (Research Director)

Ms Shelagh Coleman (Consultant)

Ms Fiona Curtis (Consultant)

Mrs Katherine Derham-Moore (Consultant)

Maureen Tangney (Consultant)

Ms Judith Walker (Legal Officer)

Ms Meredith Wilkie (Legal Officer)

Word Processing:

Ms Lorna Clarke

Ms Gayle Dubbelde

Ms Maureen Lawton

Ms Joanne Milne

Ms Rose Ong

Typing:

Mrs Sarah Chelliah

Mrs Margaret Edenborough

Ms Judith Grieves

Librarian:

Mrs Beverley Caska

Index:

Mr Alan Walker (Consultant)

Editing:

Ms Lette Clare (Consultant)

Ms Julia Hall (Consultant)

Miss Zoya Howes

Ms Marie-Louise Taylor (Consultant)