accordance with subsection (1)(a) or (b), as the case requires. S. 19C inserted by No. 102/2003 s. 4. 19C Application of sections 19A and 19B (1) Except as provided by sections 19A and 19B, nothing in those sections affects any other law relating to damages arising from loss of gratuitous care. (2) Sections 19A and 19B do not apply to the following actions for damages— (a) subject to subsection (3), an action for damages in respect of an injury that is a dustrelated condition within the meaning of the Administration and Probate Act 1958; or (b) subject to subsection (3), an action for damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the Tobacco Act 1987, or exposure to tobacco smoke. (3) An action for damages referred to in subsection (2)(a) or (2)(b) does not include an action for damages that relates to the provision of or the failure to provide a health service. S. 20 substituted by No. 8330 s. 2. 20 Application to court as to cause of action under this Part S. 20(1) amended by No. 9884 s. 6(a)(b). (1) Not more than one action shall lie for and in respect of the same subject-matter of complaint, and (subject to subsection (1A)) every such action shall be commenced within six years after the death of such deceased person or, where an application is made to a court under subsection (2), within the period referred to in the order of the court.
S. 28F(2) substituted by No. 62/2015 s. 5. (2) The amount of damages that may be awarded for each week of the period of loss of earnings is an amount that is 3 times the amount of average weekly earnings at the date of the award. (3) For the purposes of this section, the amount of average weekly earnings at the date of the award is— S. 28F(3)(a) amended by No. 44/2014 s. 33(Sch. item 34(1)). (a) the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Victoria for the most recent reference period occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award; or (b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed. S. 28G inserted by No. 49/2002 s. 7, amended by No. 62/2015 s. 6. 28G Fixing damages for non-economic loss The maximum amount of damages that may be awarded to a claimant for non-economic loss is $577 050. S. 28H inserted by No. 49/2002 s. 7, amended by No. 44/2014 s. 33(Sch. item 34(2)), substituted by No. 62/2015 s. 7. 28H Indexation of certain amounts—consumer price index The amount specified in section 28G must be varied, in respect of the financial year beginning on 1 July 2016 and each subsequent financial year, in accordance with the formula— where—
(ii) the court in which the conviction took place; and (iii) the place of sitting of that court; and (iv) the offence committed; and (v) the sentence imposed; Crown Prosecutor has the same meaning as in the Criminal Procedure Act 2009; damages includes any form of monetary compensation; legal practitioner has the same meaning as in the Criminal Procedure Act 2009; mental harm means psychological or psychiatric injury; non-economic loss means any one or more of the following— (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; police officer has the same meaning as in the Victoria Police Act 2013; prisoner means a person referred to in section 28LAE(1)(a); profit motivated offence means— (a) an offence referred to in Schedule 2 to the Confiscation Act 1997, and if circumstances are specified in that Schedule in relation to that offence, means an offence committed in those circumstances; or
intent to cause death or injury or that is sexual assault or other sexual misconduct; (b) a claim to which Part 3, 6 or 10 of the Transport Accident Act 1986 applies; S. 28LC(2)(c) amended by No. 67/2013 s. 649(Sch. 9 item 36(5)). (c) a claim to which Part IV of the Accident Compensation Act 1985 or Part 5 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies; S. 28LC(2)(d) amended by No. 2/2015 s. 4(1). (d) a claim in respect of an injury or death which entitles, or may entitle, a worker, or a dependant of a worker, within the meaning of the Workers Compensation Act 1958 to compensation under that Act; S. 28LC(2)(e) inserted by No. 2/2015 s. 4(2). (e) a claim in respect of an injury that is an asbestos-related condition. (3) This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part. (4) This Part extends to a claim for damages for noneconomic loss even if the claim is founded on breach of contract or any other cause of action. S. 28LD inserted by No. 60/2003 s. 4. 28LD This Part is substantive law For the avoidance of doubt it is declared that all the provisions of this Part contain matters that are substantive law and are not procedural in nature. Division 2—Restriction on recovery of damages for noneconomic loss S. 28LE inserted by No. 60/2003 s. 4. 28LE Restriction on recovery of damages for noneconomic loss A person is not entitled to recover damages for non-economic loss in any proceeding in a court in respect of an injury to a person caused by the fault
S. 28LZD inserted by No. 60/2003 s. 4. 28LZD Attendance before Medical Panel to be private (1) Any attendance of a claimant before a Medical Panel must be in private, unless the Medical Panel considers that it is necessary for another person to be present. (2) If the claimant is a person under disability, the Medical Panel must permit a representative of the claimant to be present. (3) In this section person under disability means a person who is— (a) a minor; or (b) incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs in relation to the matter before the Medical Panel. S. 28LZE inserted by No. 60/2003 s. 4, amended by No. 102/2003 s. 30 (ILA s. 39B(1)). 28LZE Medical Panel can ask a registered health practitioner to attend (1) If a Medical Panel so requests and the claimant consents, a registered health practitioner who has examined the claimant must— (a) meet with the Panel and answer questions; and (b) supply relevant documents to the Panel. S. 28LZE(2) inserted by No. 102/2003 s. 30. (2) A request under this section must be made within 30 days after the last of the following to occur— (a) the date on which the medical question is referred to the Medical Panel; (b) the date on which the claimant meets with the Medical Panel under section 28LZC;
S. 28LZJ inserted by No. 60/2003 s. 4. 28LZJ Treating medical practitioner not to be on Medical Panel If a medical practitioner has treated or examined or has been engaged to treat or examine the claimant (otherwise than in his or her capacity as a member of a Medical Panel), he or she must not be a member of a Medical Panel considering a medical question relating to the claimant. S. 28LZK inserted by No. 60/2003 s. 4. 28LZK Validity of acts or decisions An act or decision of a Medical Panel under this Division is not invalid by reason only of any defect or irregularity in or in connection with the appointment of a member. S. 28LZL inserted by No. 60/2003 s. 4, amended by No. 102/2003 s. 32, substituted by No. 67/2013 s. 649(Sch. 9 item 36(9)). 28LZL Operation of Panel provisions of the Workplace Injury Rehabilitation and Compensation Act 2013 (1) Except as provided in subsection (2), and subject to any inconsistency of context or subject-matter, Division 2 of Part 12 of the Workplace Injury Rehabilitation and Compensation Act 2013 applies to a Medical Panel appointed for the purposes of this Part. (2) Division 3 of Part 6 and section 270 and 540 of the Workplace Injury Rehabilitation and Compensation Act 2013 do not apply to or in relation to— (a) the procedure of a Medical Panel under this Part; or (b) a matter referred to a Medical Panel under this Part.
(d) leave any matter or thing to be decided by a specified person or specified class of persons; and (e) provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section. (3) Regulations made under this section have effect despite anything to the contrary— (a) in any Act (other than this Part or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This section is repealed on the second anniversary of the day on which it comes into operation. Part VC (Heading and ss 28M, 28N) inserted by No. 49/2002 s. 8. S. 28M inserted by No. 49/2002 s. 8. 28M Definitions In this Part— S. 28M def. of claim amended by No. 67/2013 s. 649(Sch. 9 item 36(10)). claim does not include a claim under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013; court, in relation to a claim, means—
S. 60 inserted by No. 102/2003 s. 3. 60 Duty to warn of risk Section 59 does not apply to a liability arising in connection with the giving of (or the failure to give) a warning or other information in respect of a risk or other matter to a person if the giving of the warning or information is associated with the provision by a professional of a professional service. Division 6—Non-delegable duties and vicarious liability S. 61 inserted by No. 102/2003 s. 3. 61 Liability based on non-delegable duty (1) The extent of liability in tort of a person (the defendant) for breach of a non-delegable duty to ensure that reasonable care is taken by a person in the carrying out of any work or task delegated or otherwise entrusted to the person by the defendant is to be determined as if the defendant were vicariously liable for the negligence of the person in connection with the performance of the work or task. (2) This section applies to a claim for damages in tort whether or not it is a claim for damages resulting from negligence, despite anything to the contrary in section 44. Division 7—Contributory negligence S. 62 inserted by No. 102/2003 s. 3. 62 Standard of care for contributory negligence (1) The principles that are applicable in determining whether a person has been negligent also apply in determining whether the person who suffered harm has been contributorily negligent in failing to take precautions against the risk of that harm. (2) For that purpose—
Pt 12 (Heading and ss 79–87) inserted by No. 102/2003 s. 3. S. 79 inserted by No. 102/2003 s. 3. 79 Definitions In this Part— damages includes any form of monetary compensation; exercise in relation to a function includes perform a duty; function includes a power, authority or duty; negligence means failure to exercise reasonable care; S. 79 def. of public authority amended by No. 108/2004 s. 117(1) (Sch. 3 item 237.3). public authority means— (a) the Crown; (b) a public service body within the meaning of the Public Administration Act 2004; (c) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; (d) a Council within the meaning of the Local Government Act 1989; (e) a body established or appointed for a public purpose by the Governor in Council or by a Minister, otherwise than under an Act;
Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Wrongs (Defamation) Act 1981, No. 9708/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Wrongs (Dependants) Act 1982, No. 9856/1982 Assent Date: 5.1.83 Commencement Date: 21.12.82: s. 1(3) (same day as Administration and Probate (Survival of Actions) Act 1982) : All of Act in operation Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983 Assent Date: 10.5.83 Commencement Date: 11.5.83: Government Gazette 11.5.83 p. 1145 : All of Act in operation Penalties and Sentences (Amendment) Act 1983, No. 9945/1983 Assent Date: 20.9.83 Commencement Date: S. 3(3)(Sch. 2 item 42) on 20.12.83: Government Gazette 14.12.83 p. 4035 : This information relates only to the provision/s amending the Wrongs Act 1958 Occupiers' Liability Act 1983, No. 9995/1983 Assent Date: 13.12.83 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2120 : All of Act in operation Wrongs (Animals Straying on Highways) Act 1984, No. 10078/1984 Assent Date: 15.5.84 Commencement Date: 1.8.84: Government Gazette 11.7.84 p. 2381 : All of Act in operation Accident Compensation Act 1985, No. 10191/1985 Assent Date: 30.7.85 Commencement Date: S. 276(Sch. 2) on 31.8.85 (at 4 p.m.): Government Gazette 30.8.85 p. 3401 : This information relates only to the provision/s amending the Wrongs Act 1958 Wrongs (Contribution) Act 1985, No. 10227/1985 Assent Date: 10.12.85 Commencement Date: 12.2.86: Government Gazette 12.2.86 p. 382 : All of Act in operation Coroners Act 1985, No. 10257/1985