Section 151P of the Workers Compensation Act 1987 (NSW) does not provide an independent cause of action for relatives of deceased workers; it merely limits damages recoverable under an existing cause of action. Section 4 of the Law Reform (Miscellaneous Provisions) Act 1944 (NSW) does not displace common law liability for nervous shock but extends liability to defined classes. At common law, no duty of care is owed to family members who merely hear about an accident without perceiving it or its aftermath, regardless of the closeness of the relationship or the horrific nature of the accident. The question whether s 4(1)(a) could permit recovery by a spouse or parent who suffers shock from being told of a death (without perception) was raised in obiter but left open.
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