South Australian Current Acts South Australian Current Acts30—Further provisions as to " "solatium etc
(1) The rights
conferred by sections 28 and 29 shall be in addition to and not in
derogation of any rights conferred on the parent, spouse or domestic partner
by any other provision of this Act.
(2) In an action
brought to enforce any right given under section 28 or 29 the court may
in its discretion refuse to order the payment of any sum by way of solatium
if, having regard to the conduct of the plaintiff in relation to the deceased
person, or to the relations which existed between the plaintiff and the
deceased person, or for any other sufficient reason, it considers that no such
payment should be made.
(3) Any cause of
action conferred on any person by section 28 or 29 shall not, on the
death of that person, survive for the benefit of his estate.
(4) A cause of action
conferred on a person by section 28 or 29 is exercisable notwithstanding
that the death of the person injured by the wrongful act, neglect or default
was caused in circumstances which in law amount to an indictable offence.