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This is a Bill, not an Act. For current law, see the Acts databases.
Compensation to Relatives Legislation
Amendment (Dust Diseases) Bill 2012
No , 2012
A Bill for
An Act to amend certain legislation to give effect to the recommendations of the
NSW Law Reform Commission in its Report 131 Compensation to Relatives.
Compensation to Relatives Legislation Amendment (Dust Diseases) Bill
Clause 1 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Compensation to Relatives Legislation Amendment 3
(Dust Diseases) Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Compensation to Relatives Legislation Amendment (Dust Diseases) Bill
2012
Amendments Schedule 1
Schedule 1 Amendments 1
1.1 Compensation to Relatives Act 1897 No 31 2
[1] Section 3 An action to be maintainable against any person causing death 3
through neglect despite the death of the person injured 4
Insert at the end of section 3 (3) (c): 5
, or 6
(d) any damages recovered or recoverable for the benefit of 7
the estate of the deceased person under section 12B of the 8
Dust Diseases Tribunal Act 1989. 9
[2] Section 3 (4) 10
Insert after section 3 (3): 11
(4) Section 3 (3) (d), as inserted by the Compensation to Relatives 12
Legislation Amendment (Dust Diseases) Act 2012, extends to an 13
action for damages that arises before the commencement of that 14
Act but not so as to affect any decision of a court or tribunal made 15
before that commencement. 16
1.2 Dust Diseases Tribunal Act 1989 No 63 17
[1] Section 12B 18
Omit the section. Insert instead: 19
12B Damages for non-economic loss after death of plaintiff 20
(1) The purpose of this section is to enable the estate of a person 21
whose death has been caused by a dust-related condition to 22
recover damages for the person's pain or suffering, or for any 23
bodily or mental harm suffered by the person, or for curtailment 24
of the person's expectation of life, provided: 25
(a) proceedings commenced by the person were pending 26
before the Tribunal at the person's death, or 27
(b) proceedings are, by the filing and service of the statement 28
of claim and the statement of particulars, commenced by 29
the estate of the person no later than 12 months after the 30
person's death. 31
Note. Section 17 (5) enables parties to be joined at any stage during the 32
proceedings. 33
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Compensation to Relatives Legislation Amendment (Dust Diseases) Bill
2012
Schedule 1 Amendments
(2) Section 2 (2) (d) of the Law Reform (Miscellaneous Provisions) 1
Act 1944 does not apply in relation to: 2
(a) proceedings commenced by a person before his or her 3
death and pending before the Tribunal at his or her death, 4
or 5
(b) proceedings commenced by the estate of the person, by the 6
filing and service of the statement of claim and the 7
statement of particulars, no later than 12 months after the 8
person's death, 9
where the cause of action is for damages in respect of a 10
dust-related condition. 11
(3) This section, as substituted by the Compensation to Relatives 12
Legislation Amendment (Dust Diseases) Act 2012, extends to 13
proceedings in the Tribunal commenced before the 14
commencement of that Act but not so as to affect any decision of 15
a court or tribunal made before that commencement. 16
[2] Schedule 3 Savings, transitional and other provisions 17
Insert at the end of clause 1 (1): 18
Compensation to Relatives Legislation Amendment (Dust 19
Diseases) Act 2012 20
1.3 Law Reform (Miscellaneous Provisions) Act 1944 No 28 21
[1] Section 2 Effect of death on certain causes of action 22
Insert at the end of section 2 (2) (a) (ii): 23
, or 24
(iii) any damages for the loss of the capacity of the 25
person to provide domestic services during such 26
time after the person's death as the person would 27
have survived but for the act or omission which 28
gives rise to the cause of action, 29
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Compensation to Relatives Legislation Amendment (Dust Diseases) Bill
2012
Amendments Schedule 1
[2] Section 2 (3) 1
Insert after section 2 (2): 2
(3) Section 2 (2) (a) (iii), as inserted by the Compensation to 3
Relatives Legislation Amendment (Dust Diseases) Act 2012, 4
extends to an action for damages that arises before the 5
commencement of that Act but not so as to affect any decision of 6
a court or tribunal made before that commencement. 7
Page 5
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