Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 28IE

Calculation of damages for gratuitous care

28IE. Calculation of damages for gratuitous care



(1) If the court is satisfied that a claimant would 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 to the claimant for any loss of the claimant's
capacity to provide 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 injury 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 the court is satisfied that a claimant 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 to a claimant for the loss of the claimant's
capacity to provide 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.