MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 35C
Maximum amount of damages for provision of certain services
MOTOR VEHICLES (THIRD PARTY INSURANCE) ACT 1942 - SECT 35C
Maximum amount of damages for provision of certain services
35C Maximum amount of damages for provision of certain services
(1) Where an award of damages to which this Part applies is to include
compensation 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,
the amount of the compensation shall not exceed:
(c) where the
services provided or to be provided are not less than 40 hours per week:
(i)
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:
(A) 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
(B) 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
(ii) where the Australian Statistician fails
or ceases to estimate the amount referred to in subparagraph (i), the
prescribed amount or the amount determined in such manner or by reference to
such matters, or both, as may be prescribed, or
(d) where the services
provided or to be provided are less than 40 hours per week--the amount
calculated at an hourly rate of one-fortieth of the amount determined in
accordance with paragraph (c) (i) or (ii), as the case may be.
(2) 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 (1).
