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TASMANIA
__________
ADMINISTRATION AND PROBATE
AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 27 amended (Rights of action by and against personal
representatives)
[Bill 91]-I
2
ADMINISTRATION AND PROBATE
AMENDMENT BILL 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Administration and Probate Act 1935
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Administration and
Probate Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Administration and Probate Act
1935* is referred to as the Principal Act.
*No. 38 of 1935
[Bill 91] 3
s. 4 No. Administration and Probate Amendment 2005
4. Section 27 amended (Rights of action by and against
personal representatives)
Section 27 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(3A) Notwithstanding subsection (3)(c),
damages for pain and suffering, for any
bodily or mental harm or for curtailment
of expectation of life, may be recovered
if -
(a) the cause of action related to a
dust-related condition; and
(b) the deceased person commenced
a proceeding in relation to the
cause of action before the
deceased person died; and
(c) the deceased person died as a
result of the dust-related
condition or the dust-related
condition was a contributing
factor to the deceased person's
death.
(3B) For the purposes of subsection (3A) -
"dust-related condition" means -
(a) any of the following diseases:
(i) aluminosis;
(ii) asbestosis;
(iii) asbestos-induced
carcinoma;
4
2005 Administration and Probate Amendment No. s. 4
(iv) asbestos-related pleural
diseases;
(v) bagassosis;
(vi) berylliosis;
(vii) byssinosis;
(viii) coal dust pneumoconiosis;
(ix) farmers' lung;
(x) hard metal
pneumoconiosis;
(xi) mesothelioma;
(xii) silicosis;
(xiii) silico-tuberculosis;
(xiv) talcosis; or
(b) any other pathological condition
of the lung, pleura or peritoneum
that is attributable to dust.
(3C) Subsection (3A) applies in relation to a
proceeding, in respect of an action that
survives for the benefit of the estate of a
deceased person, whether the proceeding
commenced before or after the
commencement of that subsection
unless -
(a) judgment has been given in
relation to the proceeding; or
(b) the proceeding has been settled or
withdrawn.
Government Printer, Tasmania 5