Queensland Consolidated Acts
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CIVIL LIABILITY ACT 2003 - SECT 59A
Damages for gratuitous domestic services provided by an injured person
(1) Subject to section 59B , damages (
"section 59A damages" ) may be awarded to an injured person for any loss of
the person’s capacity to provide gratuitous domestic services to someone
"recipient" ) if subsection (2) or (4) applies.
(2) Generally, the court may
award section 59A damages only if it is satisfied of all of the following—
(i) the injured person died as a result of the injuries
(ii) general damages for the injured person are assessed (before
allowing for contributory negligence) at the amount prescribed under
section 58 , or more;
(b) at the relevant time the recipient was—
person who resided at the injured person’s usual residence; or
unborn child of the injured person;
(c) before the relevant time, the injured
(i) provided the services to the recipient; or
(ii) if the
recipient was then an unborn child—would have provided services to the
recipient had the recipient been born;
(d) the recipient was, or will be,
incapable of performing the services personally because of the recipient’s
age or physical or mental incapacity;
(e) there is a reasonable expectation
that, if not for the relevant injury, the injured person would have provided
the services to the recipient—
(i) for at least 6 hours a week; and
for a period of at least 6 months;
(f) there will be a need for the services
for the hours and the period mentioned in paragraph (e), and the need is
reasonable in all the circumstances.
(3) Subsection (4) applies if—
the court is satisfied, as required under subsection (2) , in all respects
other than that the injured person would have provided the services for the
hours and the period mentioned in subsection (2) (e) and (f) ; and
recipient was provided with accommodation by a parent other than the injured
person or with other care to which all of the following apply—
included accommodation provided other than by the injured person;
(ii) it was
provided because the recipient is aged, frail or suffers from a mental or
(iii) its primary purpose was to give the recipient or
the injured person a break from their usual care arrangements.
(4) The court
may award section 59A damages if it considers that—
(a) the injured person
would not have provided the services for the hours and the period because of
the provision of the accommodation or the other care; and
(b) awarding the
damages is reasonable in all the circumstances.
Examples of circumstances
that may make the award reasonable—
1 The injured person would have had
custody of the recipient each alternate week for a full week at a time.
recipient would have spent part of their school holidays with a non-custodial
3 The recipient is an elderly parent and is placed in short-term or
occasional respite care at a nursing home.
(5) In this section—
"gratuitous domestic services" means services of a domestic nature for which
there has been, and will be, no payment or liability to pay.
"parent" includes a person who stands in the place of a parent.
"relevant time" means—
(a) generally, when the relevant injury happened; or
(b) if the symptoms of the relevant injury were not immediately apparent when
it happened, when the nature and extent of the injury becomes known.
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