South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 53

53—Damages for mental harm

        (1)         Damages may only be awarded for mental harm if the injured person—

            (a)         was physically injured in the accident or was present at the scene of the accident when the accident occurred; or

            (b)         is a parent, spouse, domestic partner or child of a person killed, injured or endangered in the accident.

        (2)         Damages may only be awarded for pure mental harm if the harm consists of a recognised psychiatric illness.

        (3)         Damages may only be awarded for economic loss resulting from consequential mental harm if the harm consists of a recognised psychiatric illness.



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