Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28IA

Limitation on damages for gratuitous attendant care

28IA. Limitation on damages for gratuitous attendant care



(1) No damages may be awarded to a claimant for gratuitous attendant care
services unless the court is satisfied that-

   (a)  there is (or was) a reasonable need for the services to be provided;
        and

   (b)  the need has arisen (or arose) solely because of the injury to which
        the damages relate; and

   (c)  the services would not be (or would not have been) provided to the
        claimant but for the injury.

(2) Further, no damages may be awarded to a claimant for gratuitous attendant
care services if the services are provided, or are to be provided-

   (a)  for less than 6 hours per week; and

   (b)  for less than 6 months.