Fatal Accidents Act 1959

In an action brought under this Act in respect of the death of any person after the coming into operation of this Act, damages may be awarded in respect of any medical expenses incurred as a result of the injury which caused the death and the funeral expenses of the deceased person, if the expenses have been incurred by the parties for whose benefit the action is brought.

In assessing damages in an action brought under this Act, there shall not be taken into account —

any sum paid or payable on the death of the deceased under any contract of insurance;

any sum paid or payable out of or under any superannuation, provident or like fund or scheme, or by way of benefit from a friendly society, benefit society or trade union;

any sum paid or payable by way of pension under the provisions of —

the Repatriation Act 1920‑1957, of the Parliament of the Commonwealth; or

the Social Services Consolidation Act 1947‑1953, of the Parliament of the Commonwealth; or

the Coal Industry Superannuation Act 1989; or

any other Act for the payment of a pension to the spouse or a de facto partner of the deceased,

any damages for the pain or suffering of the deceased person or for any bodily or mental harm suffered by the deceased person or for the curtailment of the deceased person’s expectation of life that, because of the Law Reform (Miscellaneous Provisions) Act 1941 section 4(2a), are recovered or recoverable for the benefit of the deceased person’s estate.

Subsection (2)(d) applies to an action that is, or could be, brought under this Act whether the cause of action accrues before, on or after the day on which the Fatal Accidents Amendment Act 2008 commences (commencement day) but does not apply to —

an action that was finalised before commencement day by a judgment of a court or by agreement of the parties to the action; or

a claim, in respect of an action that could have been brought under this Act, that was finalised before commencement day by agreement of the parties to the prospective action.