Victorian Current Acts

WRONGS ACT 1958 - SECT 19A

In an action under this Part, no damages may be awarded for a loss of gratuitous care provided or to be provided by the deceased to his or her dependants unless the court is satisfied that—

        (a)     the care—

              (i)     was provided to the dependants; and

              (ii)     was being provided for at least 6 hours per week; and

              (iii)     had been provided for at least 6 consecutive months before the death, or the injury that caused the death, to which the damages relate; or

        (b)     there is a reasonable expectation that, but for the death, or the injury that caused the death, of the deceased, the gratuitous care would have been provided to the dependants—

              (i)     for at least 6 hours per week; and

              (ii)     for a period of at least 6 consecutive months.

S. 19B inserted by No. 102/2003 s. 4.