South Australian Consolidated Acts South Australian Consolidated Acts52—Damages for non-economic loss
(1) Damages may only
be awarded for non-economic loss if—
(a) the
injured person's ability to lead a normal life was significantly impaired by
the injury for a period of at least 7 days; or
(b)
medical expenses of at least the prescribed minimum have been reasonably
incurred in connection with the injury.
(2) If damages are to
be awarded for non-economic loss, they must be assessed as follows:
(a) the
injured person's total non-economic loss is to be assigned a
numerical value (the "scale value") on a scale running from 0 to 60 (the scale
reflecting 60 equal gradations of non-economic loss, from a case in which the
non-economic loss is not severe enough to justify any award of damages to a
case in which the injured person suffers non-economic loss of the gravest
conceivable kind);
(b) the
damages for non-economic loss are to be calculated in relation to an injury
arising from an accident that occurred during 2002 by multiplying the
scale value by $1 710;
(c) the
damages for non-economic loss are to be calculated in relation to an injury
arising from an accident that occurred during 2003 as follows:
(i)
if the scale value is 10 or less—by multiplying the
scale value by $1 150;
(ii)
if the scale value is 20 or less but more than
10—by adding to $11 500 an amount calculated by multiplying the
number by which the scale value exceeds 10 by $2 300;
(iii)
if the scale value is 30 or less but more than
20—by adding to $34 500 an amount calculated by multiplying the
number by which the scale value exceeds 20 by $3 450;
(iv)
if the scale value is 40 or less but more than
30—by adding to $69 000 an amount calculated by multiplying the
number by which the scale value exceeds 30 by $4 600;
(v)
if the scale value is 50 or less but more than
40—by adding to $115 000 an amount calculated by multiplying the
number by which the scale value exceeds 40 by $5 750;
(vi)
if the scale value is 60 or less but more than
50—by adding to $172 500 an amount calculated by multiplying the
number by which the scale value exceeds 50 by $6 900;
(d) the
damages for non-economic loss in relation to an injury arising from an
accident that occurred in a subsequent calendar year are to be calculated in
accordance with paragraph (c) but the amount arrived at is to be adjusted
(to the nearest multiple of $10) by multiplying it by a proportion obtained by
dividing the Consumer Price Index for the September quarter of the previous
calendar year by the Consumer Price Index for the September quarter 2002.
Example—
Suppose that A is injured in an accident that occurred in 2003 and claims
damages for personal injury. The case is one in which the criteria under which
damages for non-economic loss may be awarded are satisfied. In assessing those
damages, A's total non-economic loss is assigned by the court a scale value of
23. The damages for non-economic loss will, therefore, be $44 850,
calculated as follows:
