South Australian Numbered Acts

LAW REFORM (IPP RECOMMENDATIONS) ACT 2004 (NO 9 OF 2004) - SECT 32

32—Substitution of section 24C

Section 24C—delete the section and substitute:

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 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.