MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3C
MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3C
3C . Restrictions on damages for non-pecuniary loss
(1) In this section
—
Amount A 1 means —
(a) for
the financial year ending on 30 June 1994, $200 000; and
(b) for
any subsequent financial year, the amount recalculated as Amount A under
subsections (8) and (9);
Amount B 1 means —
(a) for
the financial year ending on 30 June 1994, $10 000; and
(b) for
any subsequent financial year, the amount recalculated as Amount B under
subsections (8) and (10);
Amount C 1 means —
(a) for
the financial year ending on 30 June 1994, $30 000; and
(b) for
any subsequent financial year, the amount recalculated as Amount C under
subsections (8) and (10);
non-pecuniary loss means —
(a) pain
and suffering;
(b) loss
of amenities of life;
(c) loss
of enjoyment of life;
(d)
curtailment of expectation of life; and
(e)
bodily or mental harm.
(2) The amount of
damages to be awarded for non-pecuniary loss is to be a proportion, determined
according to the severity of the non-pecuniary loss, of the maximum amount
that may be awarded.
(3) The maximum amount
of damages that may be awarded for non-pecuniary loss is Amount A, but the
maximum amount may be awarded only in a most extreme case.
(4) If the amount of
non-pecuniary loss is assessed to be Amount B or less, no damages are to be
awarded for non-pecuniary loss.
(5) If the amount of
non-pecuniary loss is assessed to be more than Amount B but not more than
Amount C, the amount of damages to be awarded for non-pecuniary loss is the
excess of the amount so assessed over Amount B.
(6) If the amount of
non-pecuniary loss is assessed to be more than Amount C but less than the sum
of Amounts B and C, the amount of damages to be awarded for non-pecuniary loss
is the excess of the amount so assessed over —
(7) No entitlement to
damages is created by subsection (2), (3), (5) or (6) and those subsections
are subject to any law (other than Division 2 of Part IV of the
Workers’ Compensation and Injury Management Act 1981 ) that prevents or
limits the awarding of damages.
(8) By operation of
this subsection and subsection (9) or (10) each of Amounts A, B and C is
recalculated for each financial year with effect from 1 July ( the
recalculation date ), commencing on 1 July 1994, by varying the respective
amounts for the preceding financial year —
(a) by
the percentage by which the weighted average minimum award rate for adult
males under Western Australian State Awards published by the Australian
Statistician varies between 1 April in the calendar year preceding the
recalculation date and 31 March in the calendar year of the recalculation
date; or
(b) if
the relevant information is not so published, in accordance with the
regulations.
(9) If an amount
recalculated under subsection (8) as Amount A is not a multiple of $1 000 it
is to be rounded off to the nearest multiple of $1 000 (with an amount that is
$500 more than a multiple of $1 000 being rounded off to the next highest
multiple of $1 000).
(10) If an amount
recalculated under subsection (8) as Amount B or C is not a multiple of $500
it is to be rounded off to the nearest multiple of $500 (with an amount that
is $250 more than a multiple of $500 being rounded off to the next highest
multiple of $500).
(11) On or before 1
July in each year the Minister is to publish a notice in the Gazette setting
out Amounts A, B and C as they will have effect on and from that 1 July 1 .
(12) Failure to
publish, or late publication of, a notice under subsection (11) does not
affect the operation of subsection (8), (9) or (10).
(13) Issues as to
whether damages for non-pecuniary loss may be awarded and as to the amount of
those damages that may be awarded are to be determined by reference to Amounts
A, B and C as in effect on the date on which the determination is made.
[Section 3C inserted: No. 17 of 1994 s. 5;
amended: No. 42 of 2004 s. 174.]