Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 19B

Calculation of damages for gratuitous care

19B. Calculation of damages for gratuitous care



(1) If, in an action under this Part, the court is satisfied that the deceased
would (if death, or the injury that caused the death, had not ensued) have
provided gratuitous care to his or her dependants for not less than 40 hours
per week, the amount of damages that may be awarded for the loss of that care
must not exceed-

   (a)  the amount per week comprising the amount estimated by the Australian
        Statistician as the average weekly total earnings of all employees in
        Victoria for-

   (i)  in respect of the whole or any part of a quarter occurring between the
        date of the death in relation to which the award is made and the date
        of the award, being a quarter for which such an amount has been
        estimated by the Australian Statistician and is, at the date of the
        award, available to the court making the award-that quarter; or

   (ii) in respect of the whole or any part of any other quarter-the most
        recent quarter occurring before the date of the award for which such
        an amount has been estimated by the Australian Statistician and is, at
        that date, available to the court making the award; or

   (b)  if the Australian Statistician fails or ceases to estimate the amount
        referred to in paragraph (a), the prescribed amount or the amount
        determined in such manner or by reference to such matters, or both, as
        may be prescribed.

(2) If, in an action under this Part, the court is satisfied that the deceased
would have provided gratuitous care to his or her dependants for less than 40
hours per week, the amount of damages that may be awarded for the loss of that
care must not exceed the amount calculated at an hourly rate of one-fortieth
of the amount determined in accordance with subsection (1)(a) or (b), as the
case requires.