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RACING (JOCKEYS ACCIDENT INSURANCE) REGULATION 2006 (NO 10 OF 2006)
Australian Capital Territory
Racing (Jockeys Accident Insurance) Regulation 2006
Subordinate law SL2006–10
made under the
Racing Act 1999, Section 61C (2) (a) and (b), enacted as Section 61C (2) (a) and (b) by virtue of the Racing (Jockeys Accident Insurance) Amendment Act 2006.
EXPLANATORY STATEMENT
Amendments to the Racing Act 1999 (Act), the Racing (Jockeys
Accident Insurance) Amendment Bill 2006 (passed by the Assembly on 9 March
2006) provided an essential mechanism by which jockeys, apprentices and approved
riders (jockeys) who engage in racing, track work or barrier trials (riding
activities) in the ACT may be insured against the consequences of injury in the
performance of their profession.
Racing NSW, a statutory body and the
designated specialised accident insurer for all jockeys racing in NSW, will
administer the insurance scheme facilitated by passage of the legislation. Due
solely to the provisions of the Act and the Regulation, Racing NSW will be able
to offer accident insurance to NSW licensed jockeys riding in the ACT on the
same terms as they would expect and enjoy if they suffered a workplace injury in
NSW.
The legislation provided clarification and greater certainty with
respect to the application of the insurance scheme. Senior counsel has opined
that the legislative amendments were critical to the efficacy of the agreements
that will implement the insurance scheme.
Section 61BA (2) of the amended
Act provides for a regulation making power in connection with the insurance
scheme. As with the legislation itself, the Regulation, described below, and its
contents were likewise derived directly from senior counsel’s
advice.
The amending legislation described the application and boundaries
of the insurance scheme. It also specified the respective powers and obligations
of jockeys and Racing NSW.
Complementary to the amending legislation, the
Regulation provides the practical array of necessary provisions that in effect
manage the application of the various provisions of NSW law that are invoked
generally by the Act, so that Racing NSW can administer the insurance cover
efficiently, without duplication of effort and without requiring what could only
otherwise be described as an intolerably complicated agreement and a very
difficult scheme.
Clause 1 – Name of Regulation – This clause names the
Regulation as the Racing (Jockeys Accident Insurance) Regulation
2006
Clause 2 – Commencement – this clause
declares that the regulation will commence on the day after its notification
day.
Clause 3 – Dictionary – this clause provides
that the dictionary at the end of the Regulation is part of the
Regulation.
Clause 4 – Notes – this clause provides
that a note included in the Regulation is merely explanatory.
Clause 5
– Application of the NSW Acts in relation to jockeys accident insurance
– Act, s 61B (4) – this clause sets out the provisions of the
NSW Workers Compensation Act 1987 and the NSW Workplace Injury
Management and Workers Compensation Act 1998 (the 1998 Act) that will not
apply to this insurance scheme and in fact are essentially excluded if the
insurance scheme is to work properly in the ACT. The exclusions were agreed by
all parties to the insurance scheme. The Government agreed to give effect to the
intentions of the parties.
Clause 6 – Application of Civil law
(Wrongs) Act in relation to common law claims – Act, s 61B (4) and (5)
– this clause ensures that chapter 5 of the Civil Law (Wrongs) Act
2002 applies in case of personal injury (negligence) actions brought by
jockeys in the ACT. While it may appear an unrelated clause in the context of
the Regulation, it is desirable for Chapter 5 to apply because it reflects the
position now in relation to common law claims against employers generally in the
ACT. Coupled with Regulation 7, it can be seen that the clause is necessary for
prescribing an effective jurisdictional pathway in the ACT for aggrieved parties
seeking redress by way of litigation.
Clause 7 – Jurisdiction of
courts – Act, s 61B (4) and (5) – this clause determines the
relevant jurisdiction within which claims will be determined. This Regulation,
coupled with regulation 5, overcomes conflicting decisions in the NSW Court of
Appeals with respect to jurisdiction and protects the rights of all parties to
have their issues heard by a properly constituted judicial
body.
Dictionary – sets out the meaning of the defined
terms, by reference to the Act.