Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 174

Maximum amount of damages for provision of certain services

174. Maximum amount of damages for provision of certain services



(1) Where an award of damages to which this Division applies is to include
compensation for the value of services of a domestic nature or services
relating to nursing and attendance-

   (a)  which have been or are to be provided by another person to the person
        in whose favour the award is made; and

   (b)  for which the person in whose favour the award is made has not paid
        and is not liable to pay-

and the services provided or to be provided are for not less than 40 hours per
week, the amount of the compensation must not exceed-

   (c)  in respect of the whole or any part of a quarter occurring between the
        date of the injury in relation to which the award is made and the date
        of the award-the amount per week that is the average weekly earnings
        of all employees for Victoria published by the Australian
        Statistician-



   (i)  in respect of that quarter; or

   (ii) if such an amount has not been so published, the last amount so
        published in respect of a quarter; and

   (d)  in respect of the whole or any part of any other quarter-the amount
        per week that is the average weekly earnings of all employees for
        Victoria last published by the Australian Statistician before the date
        of the award in respect of a quarter-

and, if the services provided or to be provided are for less than 40 hours per
week, the amount of the compensation must not exceed the amount calculated at
an hourly rate of one-fortieth of the amount determined in accordance with
paragraph (c) or (d), as the case may be.

(2) Except as provided by this section, nothing in this section affects any
other law relating to the value of services of the kind referred to in
subsection (1).