DEFAMATION ACT 2005 - SECT 33
DEFAMATION ACT 2005 - SECT 33
33—Damages for non-economic loss limited
(1) The maximum amount
of damages for non-economic loss that may be awarded in defamation proceedings
is $250 000 or any other amount adjusted in accordance with
this section from time to time (the "maximum damages amount") that is
applicable at the time damages are awarded.
(2) The
maximum damages amount is to be awarded only in a most serious case.
(2a)
Subsection (1) does not limit the court's power to award aggravated
damages if an award of aggravated damages is warranted in the circumstances.
(2b) An award of
aggravated damages is to be made separately to any award of damages for
non-economic loss to which subsection (1) applies.
(3) The Minister is,
on or before 1 July 2006 and on or before 1 July in each succeeding year, to
declare, by order published in the Gazette, the amount that is to apply, as
from the date specified in the order, for the purposes of subsection (1).
(4) The amount
declared is to be the amount applicable under subsection (1) (or that
amount as last adjusted under this section) adjusted by the percentage change
in the amount estimated by the Australian Statistician of the average weekly
total earnings of full-time adults in Australia over the 4 quarters preceding
the date of the declaration for which those estimates are, at that date,
available.
(5) An amount declared
for the time being under this section applies to the exclusion of the amount
of $250 000 or an amount previously adjusted under this section.
(6) If the Australian
Statistician fails or ceases to estimate the amount referred to in
subsection (4), the amount declared is to be determined in accordance
with the regulations.
(7) In adjusting an
amount to be declared for the purposes of subsection (1), the amount
determined in accordance with subsection (4) is to be rounded to the
nearest $500.
(8) A declaration made
or published in the Gazette after 1 July in a year and specifying a date that
is before the date it is made or published as the date from which the amount
declared by the order is to apply has effect as from that specified date.