Victorian Current Acts

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In this Part—

S. 28B def. of attendant care services inserted by No. 60/2003 s. 5.

"attendant care services" means any of the following—

        (a)     services of a domestic nature;

        (b)     services relating to nursing;

        (c)     services that aim to alleviate the consequences of an injury;

"claimant" means a person who makes or is entitled to make a claim for personal injury damages;

court includes tribunal, and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined;

"damages" includes any form of monetary compensation;

S. 28B def. of dependants inserted by No. 102/2003 s. 8, substituted by No. 62/2015 s. 4.

"dependants", in relation to a claimant, means—

        (a)     any persons who are wholly, mainly or in part dependent on the claimant at the time that the liability in respect of which the claim is made arises; or

        (b)     any unborn children of the claimant (including unborn children derived by adoption or otherwise) at the time that the liability in respect of which the claim is made arises and who is born after that time;

"fault" includes act or omission;

S. 28B def. of gratuitous attendant care services inserted by No. 60/2003 s. 5.

"gratuitous attendant care services" means attendant care services

        (a)     that have or are to be provided by another person to a claimant; and

        (b)     for which the claimant has not paid or is not liable to pay;

"injury" means personal or bodily injury and includes—

        (a)     pre-natal injury; and

        (b)     psychological or psychiatric injury; and

        (c)     disease; and

        (d)     aggravation, acceleration or recurrence of an injury or disease;

"non-economic loss" means any one or more of the following—

        (a)     pain and suffering;

        (b)     loss of amenities of life;

        (c)     loss of enjoyment of life;

"personal injury damages" means damages that relate to the death of or injury to a person caused by the fault of another person.

S. 28C inserted by No. 49/2002 s. 7.

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