WRONGS ACT 1958 - SECT 28IA Limitation on damages for gratuitous attendant care

WRONGS ACT 1958 - SECT 28IA

    (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.

S. 28IB inserted by No. 60/2003 s. 6.