New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 15
Damages for gratuitous attendant care services: general
(1) In this section:
"attendant care services" means any of the following:
(a) services of a
(b) services relating to nursing,
(c) services that aim to
alleviate the consequences of an injury.
"gratuitous attendant care services" means attendant care services:
have been or are to be provided by another person to a claimant, and
which the claimant has not paid or is not liable to pay.
(2) No damages may
be awarded to a claimant for gratuitous attendant care services unless the
court is satisfied that:
(a) there is (or was) a reasonable need for the
services to be provided, and
(b) the need has arisen (or arose) solely
because of the injury to which the damages relate, and
(c) the services would
not be (or would not have been) provided to the claimant but for the injury.
(3) Further, no damages may be awarded to a claimant for
gratuitous attendant care services unless the services are provided (or to be
(a) for at least 6 hours per week, and
(b) for a period of at
least 6 consecutive months.
(4) If the services are provided or are to be
provided for not less than 40 hours per week, the amount of damages that may
be awarded for gratuitous attendant care services must not exceed:
amount per week comprising the amount estimated by the Australian Statistician
as the average weekly total earnings of all employees in New South Wales for:
(i) in respect of the whole or any part of a quarter occurring between the
date of the injury in relation to which the award is made and the date of the
award, being a quarter for which such an amount has been estimated by the
Australian Statistician and is, at the date of the award, available to the
court making the award-that quarter, or
(ii) in respect of the whole or any
part of any other quarter-the most recent quarter occurring before the date of
the award for which such an amount has been estimated by the Australian
Statistician and is, at that date, available to the court making the award, or
(b) if the Australian Statistician fails or ceases to estimate the amount
referred to in paragraph (a), the prescribed amount or the amount determined
in such manner or by reference to such matters, or both, as may be prescribed.
(5) If the services are provided or are to be provided for less than 40 hours
per week, the amount of those damages must not exceed the amount calculated at
an hourly rate of one-fortieth of the amount determined in accordance with
subsection (4) (a) or (b), as the case requires.
(6) Except as provided by
this section, nothing in this section affects any other law relating to the
value of attendant care services.
Note : By reason of the operation of
section 3B (1) (b), this section does not apply to the determination of civil
liability in proceedings of the kind referred to in section 11 (Claims for
damages for dust diseases etc to be brought under this Act) of the
Dust Diseases Tribunal Act 1989 .
Section 15A makes provision with respect to the determination of damages for
gratuitous attendant care services in proceedings of the kind referred to in
section 11 of the Dust Diseases Tribunal Act 1989 .
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