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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Administration and Probate (Dust Diseases) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Survival of claims for damages in certain causes of action 2
5. Insertion of new section 99AC 3
99AC. Transitional provision--Administration and Probate
(Dust Diseases) Act 2000 3
6. Insertion of new First Schedule 3
NOTES 5
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s. 2
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 March 2000
A BILL
to amend the Administration and Probate Act 1958 to provide for
the survival of claims for damages in certain causes of action in
relation to dust-related conditions and for other purposes.
Administration and Probate (Dust
Diseases) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Administration and Probate Act 1958 to
provide for the survival of claims for damages in
5 certain causes of action in relation to dust-related
conditions and to make other minor amendments
to that Act.
2. Commencement
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Administration and Probate (Dust Diseases) Act 2000
Act No.
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
In section 3(1) of the Administration and
5 Probate Act 1958 insert the following
definition--
' "dust-related condition" means--
(a) a disease specified in the First
Schedule; or
10 (b) any other pathological condition of the
lungs, pleura, peritoneum or sinus that
is attributable to dust;'.
4. Survival of claims for damages in certain causes of
action
15 (1) In section 29(2)(c)(ii) of the Administration and
Probate Act 1958, after "shall not" insert
", except as provided in sub-section (2A),".
(2) After section 29(2) of the Administration and
Probate Act 1958 insert--
20 "(2A) Where--
(a) a cause of action survives under sub-
section (1) for the benefit of the estate
of a deceased person; and
(b) the death of that person is from a dust-
25 related condition which has been
caused by the act or omission which
gives rise to the cause of action; and
(c) proceedings in respect of that cause of
action were commenced by that person
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Administration and Probate (Dust Diseases) Act 2000
s. 5
Act No.
before his or her death and were
pending at his or her death--
the damages recoverable for the benefit of
the estate of that person shall include
5 damages for all or any of the following--
(d) that person's pain or suffering;
(e) any bodily or mental harm suffered by
that person;
(f) the curtailment of that person's
10 expectation of life.".
5. Insertion of new section 99AC
After section 99AB of the Administration and
Probate Act 1958 insert--
"99AC. Transitional provision--Administration
15 and Probate (Dust Diseases) Act 2000
Section 29(2A) does not apply to a cause of
action, proceedings in respect of which
commenced before the commencement of
section 4 of the Administration and
20 Probate (Dust Diseases) Act 2000, if the
plaintiff has died before the commencement
of section 4 of that Act.".
6. Insertion of new First Schedule
Before the Second Schedule to the
25 Administration and Probate Act 1958 insert--
"FIRST SCHEDULE
DUST-RELATED CONDITIONS
Aluminosis
Asbestosis
30 Asbestos induced carcinoma
Asbestos related pleural diseases
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Administration and Probate (Dust Diseases) Act 2000
s. 6
Act No.
Bagossosis
Berylliosis
Byssinosis
Coal dust pneumoconiosis
5 Farmers' lung
Hard metal pneumoconiosis
Mesothelioma
Silicosis
Silico-tuberculosis
10 Talcosis".
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Administration and Probate (Dust Diseases) Act 2000
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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