MOTOR ACCIDENTS ACT 1988 - SECT 72
Maximum amount of damages for provision of certain home care services
MOTOR ACCIDENTS ACT 1988 - SECT 72
Maximum amount of damages for provision of certain home care services
72 Maximum amount of damages for provision of certain home care services
(1) The objects of this section are:
(a) to limit to average weekly earnings
the level of payment for services for additional domestic assistance, and
(b)
to restrict access to those payments to claims where the need is long term,
and
(c) to exclude claims where the services provided would have been
rendered as a matter of course regardless of the relevant motor accident.
(1A) Compensation, included in an award of damages, for the value of services
of a domestic nature or services relating to nursing and attendance:
(a) which
have been or are to be provided by another person to the person in whose
favour the award is made, and
(b) for which the person in whose favour the
award is made has not paid and is not liable to pay,
must not exceed the
amount determined in accordance with this section.
(2) Further, no
compensation is to be awarded unless the services are provided (or to be
provided):
(a) for at least 6 hours per week, and
(b) for a period of at
least 6 consecutive months.
(3) If the services provided or to be provided
are not less than 40 hours per week, the amount of compensation must not
exceed:
(a) the 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.
(4) If the services provided or to be
provided are less than 40 hours per week, the amount of compensation must not
exceed the amount calculated at an hourly rate of one-fortieth of the amount
determined in accordance with subsection (3) (a) or (b), as the case may be.
(5) Unless evidence is adduced to the contrary, the court is to assume that
the value of the services is the maximum amount determined under subsection
(3) or (4), as the case requires.
(6) No compensation is to be awarded if the
services would have been provided to the person even if the person had not
been injured by the motor accident.
(7) Except as provided by this section,
nothing in this section affects any other law relating to the value of
services of the kind referred to in subsection (1A).