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Wrongs Amendment (Asbestos Related Claims) Bill 2014

 Wrongs Amendment (Asbestos Related
         Claims) Bill 2014

                         Introduction Print


               EXPLANATORY MEMORANDUM


                                   General
The Wrongs Amendment (Asbestos Related Claims) Bill 2014 amends the
Wrongs Act 1958.
The aim of the Bill is to ensure that claimants with asbestos-related
conditions can bring their claims for compensation expeditiously.

                                Background
Part VBA of the Wrongs Act 1958 contains procedures for ascertaining
whether a claimant has suffered a 'significant injury' for the purposes of
bringing a claim for the recovery of damages for non-economic loss.
The Bill amends Part VBA of the Wrongs Act 1958 to make it clear that
claimants who suffer from asbestos-related conditions do not need to comply
with the Part VBA processes. The Bill is intended to assist claimants with
asbestos-related conditions to bring their claims for the recovery of damages
without undue delay.

                                Clause Notes
Clause 1    provides that the purpose of the Bill is to amend Part VBA of the
            Wrongs Act 1958 in relation to claims for the recovery of
            damages for non-economic loss in respect of asbestos-related
            conditions.

Clause 2    provides that the Act comes into operation on the day after the
            day on which it receives Royal Assent.




581011                                 1     BILL LA INTRODUCTION 22/12/2014

 


 

Clause 3 inserts a new definition of asbestos-related condition into section 28LB of the Wrongs Act 1958. The definition of asbestos-related condition will have the same meaning as in the Asbestos Diseases Compensation Act 2008. Clause 4 inserts a new paragraph after section 28LC(2)(d) of the Wrongs Act 1958 which provides that Part VBA does not apply to a claim for the recovery of damages for non-economic loss in respect of an injury that is an asbestos-related condition, thereby exempting such claims from the requirements of that Part. Clause 5 inserts new section 28LZR into the Wrongs Act 1958. Subsection (1) provides that subject to subsection (2), Part VBA as amended by the Wrongs Amendment (Asbestos Related Claims) Act 2014 applies to a claim in a proceeding for damages for non-economic loss in respect of an injury that is an asbestos- related condition, irrespective of when the act or omission causing the injury and giving rise to the claim for damages in respect of the injury occurred, thereby allowing claims in respect of injuries that were sustained at any time to be exempted from the requirements of that Part. Subsection (2) provides that the amendments made to Part VBA by the Wrongs Amendment (Asbestos Related Claims) Act 2014 do not apply to a claim in a proceeding for damages for non-economic loss in respect of an injury that is an asbestos- related condition if, before the Wrongs Amendment (Asbestos Related Claims) Act 2014 came into operation, the proceeding had been finally determined or the claim had otherwise been finally settled, so that proceedings that have been settled or finally determined are not impacted by the amendments. Subsection (3) provides that, if immediately before the commencement of the Act, a proceeding for a claim for damages for non-economic loss in respect of an injury that is an asbestos- related condition has been commenced and begun to be heard but was not determined by the court or otherwise finally settled at the commencement of the Act, that claim is taken to have always been a claim to which Part VBA does not apply as if section 28LC(2)(e) had been enacted and in operation at the time the proceeding in respect of the claim was commenced. This exempts proceedings that are part-heard at the time of the commencement of the Act from the need to comply with Part VBA of the Wrongs Act 1958. 2

 


 

Subsection (4) provides that, despite the operation of section 14(2) of the Interpretation of Legislation Act 1984, Part VBA as amended by the Act applies to proceeding number S CI 2390 of 2013 in the Supreme Court of Victoria: Multari v Amaca Pty Ltd (under New South Wales administered winding up) & Another. Clause 6 provides for the automatic repeal of the Wrongs Amendment (Asbestos Related Claims) Act 2014 on the first anniversary of its commencement. The repeal of that Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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