Victorian Current Acts

WRONGS ACT 1958 - SECT 28IB

    (1)     If gratuitous attendant care services are provided or are to be provided for not less than 40 hours per week, the amount of damages that may be awarded for the services must not exceed—

        (a)     the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Victoria for—

S. 28IB(1)(a)(i) amended by No. 44/2014 s. 33(Sch. item 34(3)).

              (i)     in respect of the whole or any part of a reference period occurring between the date of the injury in relation to which the award is made and the date of the award, being a reference period for which such an amount has been estimated by the Australian Statistician and is, at the date of the award, available to the court making the award—that reference period; or

S. 28IB(1)(a)(ii) amended by No. 44/2014 s. 33(Sch. item 34(3)).

              (ii)     in respect of the whole or any part of any other reference period—the most recent reference period occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and is, at that date, available to the court making the award; or

        (b)     if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed.

    (2)     If gratuitous attendant care services are provided or are to be provided for less than 40 hours per week, the amount of damages that may be awarded for the services must not exceed the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with subsection (1)(a) or (b), as the case requires.

S. 28IC inserted by No. 60/2003 s. 6.