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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Wrongs (Remarriage Discount) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Assessment of damages in actions for wrongful death 2
4. New section 23AD inserted 3
23AD. Supreme Court--limitation of jurisdiction 3
5. Statute law revision 4
ENDNOTES 5
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551120B.I1-29/10/2003 BILL LA CIRCULATION 29/10/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 28 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Wrongs Act 1958 with respect to wrongful deaths and
for other purposes.
Wrongs (Remarriage Discount) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Wrongs
Act 1958 to prevent a court from applying a
separate discount to reduce damages in actions for
5 wrongful death on account of the remarriage or
repartnering, or prospects of remarriage or
repartnering, of certain dependants of the
deceased person.
551120B.I1-29/10/2003 BILL LA CIRCULATION 29/10/2003
1
Wrongs (Remarriage Discount) Act 2003
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
Victorian Legislation and Parliamentary Documents
day on which it receives the Royal Assent.
3. Assessment of damages in actions for wrongful
5 death
See: At the end of section 19 of the Wrongs Act 1958
Act No.
insert--
6420.
Reprint No. 8
'(2) In assessing damages in an action under this
as at
16 June 2003
Part, that is commenced on or after the
and
10 commencement of the Wrongs
amending
Act No.
(Remarriage Discount) Act 2003, no
60/2003.
separate reduction may be made on account
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of--
dpc.vic.
gov.au
(a) the remarriage or formation of a
15 domestic partnership; or
(b) the prospects of remarriage or
formation of a domestic partnership--
of the surviving spouse or domestic partner,
or a surviving former spouse or former
20 domestic partner, of the deceased person.
(3) In sub-section (2)--
"domestic partner" of a person who dies
means an adult person to whom the
person was not married at the time of
25 death but with whom the person was in
a relationship as a couple where one or
each of them provided personal or
financial commitment and support of a
domestic nature for the material benefit
30 of the other, irrespective of their
genders and whether or not they were
living under the same roof, but does not
include a person who provided
domestic support and personal care to
35 the person--
2
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Wrongs (Remarriage Discount) Act 2003
s. 4
Act No.
(a) for fee or reward; or
(b) on behalf of another person or an
Victorian Legislation and Parliamentary Documents
organisation (including a
government or government
5 agency, a body corporate or a
charitable or benevolent
organisation);
"spouse" of a person who dies means a
person who was married to the person
10 at the time of the person's death.
(4) For the purposes of the definition of
"domestic partner" in sub-section (3), in
determining whether persons were domestic
partners of each other, all the circumstances
15 of their relationship are to be taken into
account, including any one or more of the
matters referred to in section 275(2) of the
Property Law Act 1958 as may be relevant
in a particular case.
20 (5) Except as provided in this section, nothing in
this section affects any other law relating to
damages in an action under this Part.'.
4. New section 23AD inserted
At the end of Part III of the Wrongs Act 1958
25 insert--
"23AD. Supreme Court--limitation of jurisdiction
It is the intention of section 19(2) to alter or
vary section 85 of the Constitution Act
1975.".
3
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Wrongs (Remarriage Discount) Act 2003
s. 5
Act No.
5. Statute law revision
In section 24A of the Wrongs Act 1958--
Victorian Legislation and Parliamentary Documents
(a) for "employé" (wherever occurring)
substitute "employee";
5 (b) for "employés" (wherever occurring)
substitute "employees".
4
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Wrongs (Remarriage Discount) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
5
551120B.I1-29/10/2003 BILL LA CIRCULATION 29/10/2003
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