Further to our E-Alert dated 24 October 2008 reporting on the Civil Liability Legislation Amendment Bill 2008.
The Bill amends the Civil Liability Act 2002, the Motor Accidents Act 1988 and the Motor Accidents Compensation Act 1999 to make it clear that "damages are to be awarded for gratuitous attendant care services only if the services are provided (or to be provided) for at least 6 hours per week and for at least 6 consecutive months." The amendment extends to liabilities that arose before the commencement of the amendment but does not apply to proceedings determined before that commencement. It overcomes the NSW Court of Appeal decision in Harrison v. Melhem.
On 29 October 2008, both the NSW Legislative Assembly and the Legislative Council, passed the Bill and it now awaits commencement. We now have access to the legislation. The relevant provisions are:
"Motor Accidents Compensation Act 1999 No 41
Section 128 Damages for economic loss – maximum amount for provision of certain attendant care services
Omit section 128 (3). Insert instead:
(3) Further, no compensation is to be awarded unless the services are provided (or to be provided):
(a) for at least 6 hours per week, and
(b) for a period of at least 6 consecutive months".
The Bill provides for the retrospective operation to which we referred in the previous E-Alert:
"Restrictions on compensation for attendant care services
An amendment made to this Act by the Civil Liability Legislation Amendment Act 2008 extends to liability arising, and to proceedings commenced, before the commencement of the amendment, but does not apply to any proceedings determined before that commencement".
We expect that the Bill will be proclaimed to commence in the near future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
