Damages for gratuitous attendant care services: general
15 Damages for gratuitous attendant care services: general
In this section—
attendant care services means any of the following—
services of a domestic nature,
services relating to nursing,
services that aim to alleviate the consequences of an injury.
gratuitous attendant care services means attendant care services—
that have been or are to be provided by another person to a claimant, and
for which the claimant has not paid or is not liable to pay.
No damages may be awarded to a claimant for gratuitous attendant care services unless the court is satisfied that—
there is (or was) a reasonable need for the services to be provided, and
the need has arisen (or arose) solely because of the injury to which the damages relate, and
the services would not be (or would not have been) provided to the claimant but for the injury.
Further, no damages may be awarded to a claimant for gratuitous attendant care services unless the services are provided (or to be provided)—
for at least 6 hours per week, and
for a period of at least 6 consecutive months.
If the services are provided or are to be provided for not less than 40 hours per week, the amount of damages that may be awarded for gratuitous attendant care services must not exceed—
the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in New South Wales for—
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
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
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.
If the services are provided or are to be provided for less than 40 hours per week, the amount of those damages must not exceed the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with subsection (4)(a) or (b), as the case requires.
Except as provided by this section, nothing in this section affects any other law relating to the value of attendant care services.
Note.
By reason of the operation of section 3B(1)(b), this section does not apply to the determination of civil liability in proceedings of the kind referred to in section 11 (Claims for damages for dust diseases etc to be brought under this Act) of the Dust Diseases Tribunal Act 1989.
Section 15A makes provision with respect to the determination of damages for gratuitous attendant care services in proceedings of the kind referred to in section 11 of the Dust Diseases Tribunal Act 1989.
This provision refers to the regulations (prescribed amount
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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