Law Reform Commission > Completed projects > 1980-1989

Accident compensation                

Reference received: ​12 November 1981​

​Report

Report 41: Accident Compensation: Workers' Compensation (Amendment) Bill 1982 and Cognate Bills [PDF, 196Kb], 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, 2Mb], October 1984​

An Outline of the Report was also published [PDF, 102Kb]

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