Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


LAW REFORM (MISCELLANEOUS PROVISIONS(ASBESTOS DISEASES))BILL 2000

                           Western Australia


                      LEGISLATIVE ASSEMBLY

                   (Introduced by Mr Graham, MLA)



       Law Reform (Miscellaneous Provisions
           (Asbestos Diseases)) Bill 2000


                               A Bill for


An Act to amend the Law Reform (Miscellaneous Provisions)
Act 1941 to provide for the survival of claims for damages in certain
causes of action in relation to asbestos-related conditions and for
other purposes.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Law Reform (Miscellaneous
        Provisions (Asbestos Diseases)) Act 2000.




                                                                 page 1
                                18--1
     Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Bill 2000



     s. 2



     2.          Purpose
                 The purpose of this Act is to amend the Law Reform
                 (Miscellaneous Provisions) Act 1941 to provide for the survival
                 of claims for damages in certain causes of action in relation to
5                dust-related conditions and to make other minor amendments to
                 that Act.

     3.          Commencement
                 This Act comes into operation on the day after the day on which
                 it receives the Royal Assent.

10   4.          Survival of claims for damages in certain causes of action
          (1)    Subsection 4(2) of the Law Reform (Miscellaneous Provisions)
                 Act 1941 is amended by --
                  (a) inserting in paragraph (a) after "shall not" the
                        following --
15                            ", except as provided in subsection (2A),";
                  (b) inserting in paragraph (d) after "shall not" the
                        following --
                              ", except as provided in subsection (2A),".
          (2)    A new subsection (2A) is inserted after subsection 4(2) of the
20               Law Reform (Miscellaneous Provisions) Act 1941 --
     "
                (2A)   Where --
                        (a) a cause of action survives under subsection (1)
                             for the benefit of the estate of a deceased
25                           person; and
                        (b) the death of that person is from a latent injury
                             that is attributable to the inhalation of asbestos
                             which has been caused by the act or omission
                             which gives rise to the cause of action; and



     page 2
     Law Reform (Miscellaneous Provisions (Asbestos Diseases)) Bill 2000



                                                                          s. 4



                 (c)   proceedings in respect of that cause of action
                       were commenced by that person before his or
                       her death and were pending at his or her death;
               the damages recoverable for the benefit of the estate of
5              that person shall include damages for all or any of the
               following --
                 (d) that person's pain or suffering;
                 (e) any bodily or mental harm suffered by that
                       person;
10                (f) the curtailment of that person's expectation of
                       life;
                 (g) exemplary damages.
                                                                           ".




 


[Index] [Search] [Download] [Related Items] [Help]