Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CIVIL LIABILITY AMENDMENT BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 CIVIL LIABILITY ACT 2002 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 amended (Application of Act)
6. Section 26 amended (Damages for loss of earning capacity)
7. Sections 28A, 28B, 28C, 28D and 28E inserted
28A. Discount rate applicable to certain damages
28B. Damages for gratuitous services
28C. Abolition of awards for gratuitous services in respect
of claims under Motor Accidents (Liabilities and
Compensation) Act 1973
28D. Damages for loss of capacity to care for others
28E. Abolition of action for loss of consortium
PART 3 MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
8. Principal Act
9. Section 22 amended (Actions for damages in respect of third
party liabilities)
[Bill 56]-I
PART 4 LEGISLATION REPEALED
10. Legislation repealed
SCHEDULE 1 LEGISLATION REPEALED
2
CIVIL LIABILITY AMENDMENT BILL 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Civil Liability Act 2002, the Motor
Accidents (Liabilities and Compensation) Act 1973 and
repeal the Common Law (Miscellaneous Actions) Act 1986
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Civil Liability
Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 56] 3
s. 3 No. Civil Liability Amendment 2005
PART 2 CIVIL LIABILITY ACT 2002 AMENDED
3. Principal Act
In this Part, the Civil Liability Act 2002* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "court":
"adult average weekly earnings"
means the dollar figure for full-
time adult ordinary time earnings
for persons set out under the
heading "AVERAGE WEEKLY
EARNINGS, Australia: Original"
in catalogue number 6302.0
published by the Australian
Bureau of Statistics, as amended
from time to time;
(b) by inserting the following definitions
after the definition of "duty":
"future loss" means all or any of the
following:
(a) future economic loss;
(b) future general expenses;
*No. 54 of 2002
4
2005 Civil Liability Amendment No. s. 5
(c) future medical expenses;
(d) future gratuitous services;
"gratuitous services" means services
of a domestic nature or services
relating to nursing or attendance
provided to a person for which
that person does not pay or is not
liable to pay;
5. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) Sections 28A, 28B, 28C, 28D and 28E
do not apply to a cause of action accrued
before the commencement of the Civil
Liability Amendment Act 2005.
6. Section 26 amended (Damages for loss of earning
capacity)
Section 26 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "4.25"
and substituting "3";
(b) by omitting subsection (2).
5
s. 7 No. Civil Liability Amendment 2005
7. Sections 28A, 28B, 28C, 28D and 28E inserted
After section 28 of the Principal Act, the
following sections are inserted in Part 7:
28A. Discount rate applicable to certain damages
If an award of damages is to include any
component assessed as a lump sum for
future loss, the present value of that
future loss is to be qualified by
adopting
(a) a discount rate of 5 per cent; or
(b) if another discount rate is
prescribed, that other discount
rate.
28B. Damages for gratuitous services
(1) Damages for gratuitous services may be
awarded only in respect of gratuitous
services required by the person as a result
of injuries to that person caused by the
negligence of another person.
(2) A person may not recover damages for
gratuitous services unless the services
have been provided, or are likely to be
provided, to that person for more than 6
hours per week and for more than 6
consecutive months.
(3) In calculating damages for gratuitous
services
(a) the hourly rate is not to exceed
one-fortieth of adult average
weekly earnings; and
6
2005 Civil Liability Amendment No. s. 7
(b) the weekly rate is not to exceed
adult average weekly earnings.
28C. Abolition of awards for gratuitous services
in respect of claims under Motor Accidents
(Liabilities and Compensation) Act 1973
An award of damages relating to
personal injury to which Part III of the
Motor Accidents (Liabilities and
Compensation) Act 1973 applies is not to
include compensation for gratuitous
services required by a person as a result
of injuries to that person caused by the
negligence of another person.
28D. Damages for loss of capacity to care for
others
(1) A person who provides gratuitous
services to another person may not
recover damages for the loss of capacity
to provide those services unless, prior to
the loss of capacity, the person was
providing those services for more than 6
hours per week and for more than 6
consecutive months.
(2) A person may recover damages for the
loss of capacity to provide gratuitous
services only in relation to gratuitous
services that are necessary and that were
being provided to a person who, if the
provider of the services had been killed
rather than injured, would have been
entitled to recover for loss of the
deceased provider's services.
7
s. 7 No. Civil Liability Amendment 2005
(3) In calculating damages for the loss of
capacity to provide gratuitous services to
other persons
(a) the hourly rate is not to exceed
one-fortieth of adult average
weekly earnings; and
(b) the weekly rate is not to exceed
adult average weekly earnings.
28E. Abolition of action for loss of consortium
A person is not liable for damages in tort
on the ground that the negligence, or
other act or omission, of the person
caused loss or impairment of the
consortium of persons in a significant
relationship within the meaning of the
Relationships Act 2003.
8
2005 Civil Liability Amendment No. s. 8
PART 3 MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
8. Principal Act
In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
9. Section 22 amended (Actions for damages in respect
of third party liabilities)
Section 22(5) of the Principal Act is amended by
omitting "4.25" and substituting "3".
*No. 71 of 1973
9
s. 10 No. Civil Liability Amendment 2005
PART 4 LEGISLATION REPEALED
10. Legislation repealed
The legislation specified in Schedule 1 is
repealed.
10
2005 Civil Liability Amendment No. sch. 1
SCHEDULE 1 LEGISLATION REPEALED
Section 10
Common Law (Miscellaneous Actions) Act 1986 (No. 114 of
1986)
Government Printer, Tasmania 11