Schedule 1 to the Principal Regulations is amended as follows:

(a) by inserting the following definitions before the definition of child of a person in clause 1 of Part 1 :

2007 release day means the day in May 2007 on which the adult average weekly earnings for the February 2007 quarter were published by the Australian Bureau of Statistics;

2008 release day means the day in May 2008 on which the adult average weekly earnings for the February 2008 quarter are published by the Australian Bureau of Statistics;

(b) by omitting the definitions of dependant and dependent child from clause 1 of Part 1 and substituting the following definitions:

counselling services has the same meaning as in section 23 of the Act;

dependant, of a person whose death results directly from a motor accident, means –

(a) an individual who is the spouse of the person and who, but for the death of the person, would be wholly or partly dependent on the person for financial support; or

(b) a dependent child of the person; or

(c) a dependent parent of the person; or

(d) a dependent carer of the person; or

(e) an individual who –

(i) is the parent or step-parent of a dependent child, being a dependent child who, but for the death of the person, would be wholly or partly dependent on the person for care; and

(ii) is the spouse of the person;

dependent carer means a dependent carer within the meaning of clause 5A of Part 1 ;

dependent child, of a person, means –

(a) an individual who –

(i) is, or, but for the personal injury of the person, would be, wholly or partly dependent on the person for financial support; and

(ii) is a child of the person or is a child of a marriage or significant relationship to which the person is a party; and

(iii) does not have a spouse; and

(iv) either –

(a) is less than 16 years of age; or

(b) has attained 16 years of age but is less than 25 years of age and is a full-time student; or

(b) an individual who –

(i) is, or, but for the personal injury of the person, would be, wholly or partly dependent on the person for care; and

(ii) is a child of the person or is a child of a marriage or significant relationship to which the person is a party; and

(iii) is less than 16 years of age;

(c) by inserting the following definition after the definition of dependent parent in clause 1 of Part 1 :

family member has the same meaning as in section 23 of the Act;

(d) by inserting the following definitions after the definition of registered in clause 1 of Part 1 :

release day means the day in May in each year on which the adult average weekly earnings for the February quarter of that year are published by the Australian Bureau of Statistics;

significant relationship has the same meaning as in the Relationships Act 2003 ;

(e) by omitting "relationship, within the meaning of the Relationships Act 2003 ," from paragraph (a) of the definition of spouse in clause 1 of Part 1 and substituting "relationship";

(f) by omitting "wholly, mainly" from paragraph (c) of the definition of spouse in clause 1 of Part 1 and substituting "wholly";

(g) by omitting from clause 2(1) of Part 1 "relationship, within the meaning of the Relationships Act 2003 ," and substituting "relationship";

(h) by omitting from clause 2(1) of Part 3 "is $4 000" and substituting "in respect of a motor accident that occurs on or after 1 December 2007 is $7 500";

(i) by omitting subclauses (2) and (3) from clause 2 of Part 3 and substituting the following subclauses:

(2) The additional amount referred to in subclause (1) is –

(a) if the funeral benefits are paid before the 2008 release day, $0; or

(b) if the funeral benefits are paid on or after the 2008 release day, an amount calculated in accordance with the following formula:

where –

A is the additional amount payable in dollars;

I% is the total percentage increase in adult average weekly earnings after the 2007 release day, calculated as at the most recent release day.

(3) The amount payable as funeral benefits in respect of a motor accident that occurred before 1 December 2007 is to be determined in accordance with these regulations as in force immediately before 1 December 2007.

(j) by omitting from clause 1(2) of Part 4 "is a sum of $50 000" and substituting "in respect of a motor accident that occurs on or after 1 December 2007 is a sum of $62 000";

(k) by omitting subclause (3) from clause 1 of Part 4 and substituting the following subclause:

(3) If the deceased is survived by 2 or more dependants of whom at least one is a dependent child who –

(a) is less than 9 years of age, the lump sum is to be increased by $15 000 in respect of each such dependent child; or

(b) has attained 9 years of age but is less than 18 years of age, the lump sum is to be increased by $7 500 in respect of each such dependent child; or

(c) has attained 18 years of age but is less than 25 years of age, the lump sum is to be increased by $3 000 in respect of each such dependent child.

(l) by inserting the following subclause after subclause (4) in clause 1 of Part 4 :

(5) The amount payable as death benefits in respect of a motor accident that occurred before 1 December 2007 is to be determined in accordance with these regulations as in force immediately before 1 December 2007.

(m) by omitting from clause 2(5)(b) of Part 5 "4.25" and substituting "3";

(n) by omitting from clause 3(4)(b) of Part 5 "4.25" and substituting "3";

(o) by inserting the following Part after clause 7 in Part 6 :

PART 7 - Counselling Services Benefits

1.   Counselling services benefits

If –

(a) a person suffers personal injury resulting directly from a motor accident that occurs on or after 1 December 2007 and requires daily care, or has died, as a result of the personal injury; and

(b) because of that injury or death, a family member of that person requires counselling services –

the expenses reasonably incurred by, or on behalf of, that family member for those counselling services are payable as counselling services benefits.

2.    Limitation on counselling services benefits

The maximum amount payable under clause 1 of this Part is $1 000 for each family member.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 31 October 2007

These regulations are administered by the Motor Accidents Insurance Board.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Motor Accidents (Liabilities and Compensation) Regulations 2000 by –

(a) revising the definitions of "dependant" and "dependent child" ; and

(b) revising certain provisions relating to the payment of funeral benefits, death benefits, employed persons' allowances and self-employed persons' allowances; and

(c) providing for the payment of counselling services benefits; and

(d) making minor miscellaneous and consequential amendments.