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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CIVIL LIABILITY AMENDMENT BILL 2013
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3B amended (Civil liability excluded from Act)
5. Section 4 amended (Application of Act)
6. Section 4AA inserted
4AA. Act binds Crown
7. Part 5A inserted
PART 5A - Provisional Damages
8A. Application of Part 5A
8B. Provisional damages for asbestos-related conditions
8. Section 28 amended (Tariffs for damages for non-economic loss
(general damages))
9. Section 28BA inserted
28BA. Damages for loss of capacity to provide gratuitous
services to another
10. Section 28C amended (Abolition of awards for gratuitous
services in respect of claims under Motor Accidents (Liabilities
and Compensation) Act 1973)
11. Repeal of Act
[Bill 45]-XI
2
CIVIL LIABILITY AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 September 2013
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Civil Liability Act 2002
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 Civil Liability
Amendment Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Civil Liability Act 2002* is
referred to as the Principal Act.
*No. 54 of 2002
THIS BILL IS COGNATE WITH THE LIMITATION AMENDMENT BILL 2013
[Bill 45] 3
Civil Liability Amendment Act 2013
Act No. of
s. 4
4. Section 3B amended (Civil liability excluded from
Act)
Section 3B(2) of the Principal Act is amended by
omitting "Parts 2, 3 and 5" and substituting
"Parts 2, 3, 5 and 5A".
5. Section 4 amended (Application of Act)
Section 4 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (2):
(2A) Part 5A applies to a cause of
action accrued, and an action
commenced, whether before or
after the commencement of
section 7 of the Civil Liability
Amendment Act 2013.
(2B) However, Part 5A does not apply
to an action commenced before
the commencement of section 7
of the Civil Liability Amendment
Act 2013 if -
(a) the hearing of the action
had commenced before
that commencement; or
(b) damages had been
awarded in that action
before that
commencement; or
4
Civil Liability Amendment Act 2013
Act No. of
s. 6
(c) a settlement had been
reached in that action
before that
commencement, other
than a settlement that only
relates to damages that, if
they had been awarded by
a court, would be
provisional damages
within the meaning of
section 8B(1).
(b) by inserting the following subsections
after subsection (3A):
(3B) Section 28BA does not apply to a
cause of action accrued before the
commencement of section 9 of
the Civil Liability Amendment Act
2013.
(3C) The amendment to section 28C
effected by section 10 of the Civil
Liability Amendment Act 2013
does not apply to a cause of
action accrued before the
commencement of section 10 of
that Act.
6. Section 4AA inserted
After section 4 of the Principal Act, the
following section is inserted in Part 1:
5
Civil Liability Amendment Act 2013
Act No. of
s. 7
4AA. Act binds Crown
This Act binds the Crown in right of
Tasmania and, so far as the legislative
power of Parliament permits, in all its
other capacities.
7. Part 5A inserted
After section 8 of the Principal Act, the
following Part is inserted:
PART 5A - PROVISIONAL DAMAGES
8A. Application of Part 5A
This Part applies to civil liability of any
kind for damages for personal injury or
death, except civil liability that is
excluded from the operation of this Part
by section 3B.
8B. Provisional damages for asbestos-related
conditions
(1) If it is proved or admitted in an action for
damages in respect of a dust-related
disease (the first disease) of a person that
the person may, at some definite or
indefinite time in the future, develop
another dust-related disease wholly or
partly as a result of the act or omission
giving rise to the cause of action, the
court may -
6
Civil Liability Amendment Act 2013
Act No. of
s. 7
(a) award, in the first instance,
damages (provisional damages)
for the first disease, assessed on
the assumption that the person
will not develop another dust-
related disease; and
(b) award damages at a future date if
the person does develop another
dust-related disease.
(2) In this section -
dust-related disease means -
(a) any of the following
diseases:
(i) aluminosis;
(ii) asbestosis;
(iii) asbestos-induced
carcinoma;
(iv) asbestos-related
pleural diseases;
(v) bagassosis;
(vi) berylliosis;
(vii) byssinosis;
(viii) coal dust
pneumoconiosis;
(ix) farmers' lung;
7
Civil Liability Amendment Act 2013
Act No. of
s. 8
(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.
8. Section 28 amended (Tariffs for damages for non-
economic loss (general damages))
Section 28 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) In this section -
other courts includes a court of any
jurisdiction within Australia,
including Tasmania.
9. Section 28BA inserted
After section 28B of the Principal Act, the
following section is inserted in Part 7:
8
Civil Liability Amendment Act 2013
Act No. of
s. 9
28BA. Damages for loss of capacity to provide
gratuitous services to another
(1) A person may recover, in relation to a
personal injury, damages for the loss of
capacity to provide gratuitous services to
another person.
(2) A person (the claimant) may recover
under subsection (1), in relation to a
personal injury, damages for the loss of
capacity to provide gratuitous services to
another person only if -
(a) either -
(i) the claimant was, before
the loss of capacity
occurred, providing the
services to the other
person for more than 6
hours per week and more
than 6 consecutive
months and it was
necessary for the services
to be provided to the other
person; or
(ii) the other person was,
before the injury
occurred, an unborn child
of the person; and
(b) the other person -
(i) is a person who would
have been entitled to
9
Civil Liability Amendment Act 2013
Act No. of
s. 9
recover for loss of the
claimant's services if the
claimant had been killed
rather than injured; or
(ii) would have been, if he or
she had been born before
the injury occurred,
entitled to recover for loss
of the claimant's services
if the claimant had been
killed rather than injured;
and
(c) there is a reasonable expectation
that, but for the loss of capacity,
the claimant would have provided
those services to the other person,
after the injury, for more than 6
hours per week and more than 6
consecutive months; and
(d) the other person will need the
services for more than 6 hours per
week and more than 6
consecutive months and the need
is reasonable in all the
circumstances.
(3) In calculating damages for the loss of
capacity to provide gratuitous services -
(a) the hourly rate is not to exceed
one-fortieth of adult average
weekly earnings; and
10
Civil Liability Amendment Act 2013
Act No. of
s. 10
(b) the weekly rate is not to exceed
adult average weekly earnings.
10. Section 28C amended (Abolition of awards for
gratuitous services in respect of claims under Motor
Accidents (Liabilities and Compensation) Act 1973)
Section 28C of the Principal Act is amended by
inserting "or damages for the loss by the injured
person of the capacity to provide gratuitous
services to another person" after "another
person".
11. Repeal of Act
This Act is repealed on the three hundredth and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 11