MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3F
MOTOR VEHICLE (THIRD PARTY INSURANCE) ACT 1943 - SECT 3F
3F . Restriction on damages for loss relating to earning capacity
(1) Subsection (4)
applies to the awarding of damages in respect of bodily injury to a person
directly caused by, or by the driving of, a motor vehicle.
(2) Subsection (4)
does not apply to causes of action arising before the commencement of section
4 of the Motor Vehicle (Third Party Insurance) Amendment Act 2006 .
(3) If subsection (4)
applies a court is not to award damages to a person contrary to that
subsection.
(4) In assessing the
amount of —
(a) past
economic loss due to the deprivation or impairment of earning capacity; or
(b)
future economic loss due to the deprivation or impairment of prospective
earning capacity,
for the purpose of the
awarding of damages, earning capacity is to be disregarded to the extent that
it would have exceeded a capacity to earn 3 times the average weekly earnings
at the date of the award.
(5) For the purpose of
subsection (4), the average weekly earnings at the date of the award is
—
(a) the
amount estimated by the Australian Statistician as the average weekly total
earnings of full-time adult employees in Western Australia for the quarter
ending most recently 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 make the estimate referred to
in paragraph (a), the amount fixed by, or determined in accordance with, the
regulations.
[Section 3F inserted: No. 15 of 2006 s. 4.]