AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 28B

Damages for gratuitous services

(1)  Damages for gratuitous services may be awarded in respect of gratuitous services required by the person as a result of injuries to that person caused by the negligence of another person.
(2)  A person may not recover damages for gratuitous services unless the services have been provided, or are likely to be provided, to that person for more than 6 hours per week and for more than 6 consecutive months.
(3)  In calculating damages for gratuitous services –
(a) the hourly rate is not to exceed one-fortieth of adult average weekly earnings; and
(b) the weekly rate is not to exceed adult average weekly earnings.
(4)  Nothing in this section prevents the award of damages under the Fatal Accidents Act 1934 for the loss of gratuitous services provided by a person whose death is caused by a wrongful act, neglect or default, within the meaning of that Act.



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