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
"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
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
We expect that the Bill will be proclaimed to commence in the
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