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This is a Bill, not an Act. For current law, see the Acts databases.
Dust Diseases Tribunal Amendment
(Damages--Deceased's Dependants)
Bill 2010
No , 2010
A Bill for
An Act to amend the Dust Diseases Tribunal Act 1989 to provide that damages for a
compensation to relatives claim in respect of the death of a person from a dust-related
condition cannot be reduced to take into account the claimant's entitlement to
participate in the distribution of the deceased person's estate.
Dust Diseases Tribunal Amendment (Damages--Deceased's Dependants)
Clause 1 Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Dust Diseases Tribunal Amendment (Damages-- 3
Deceased's Dependants) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Dust Diseases Tribunal Amendment (Damages--Deceased's Dependants)
Bill 2010
Amendment of Dust Diseases Tribunal Act 1989 No 63 Schedule 1
Schedule 1 Amendment of Dust Diseases Tribunal 1
Act 1989 No 63 2
[1] Section 12E 3
Insert after section 12D: 4
12E Damages in compensation to relatives claims not to be reduced to 5
take into account entitlement to deceased's estate 6
(1) This section applies to proceedings before the Tribunal 7
(including proceedings on an appeal from the Tribunal) involving 8
a compensation to relatives claim arising from the death of a 9
person (the deceased person) from a dust-related condition in 10
circumstances where: 11
(a) general damages have been paid or are payable for a claim 12
for damages in relation to the condition brought by the 13
deceased person or the deceased person's estate (the 14
deceased person's claim), and 15
(b) the person making the compensation to relatives claim has 16
an entitlement to participate in the distribution of the 17
deceased person's estate. 18
(2) The amount of damages to be awarded for pecuniary loss in 19
proceedings to which this section applies is not to be reduced so 20
as to take into account the amount of general damages that has 21
been paid or is payable in relation to the deceased person's claim. 22
(3) This section has effect despite anything to the contrary in the 23
Compensation to Relatives Act 1897 or any other law. 24
(4) In this section: 25
compensation to relatives claim means an action for damages 26
brought under the Compensation to Relatives Act 1897 or any 27
other law in the claimant's capacity as a relative of a deceased 28
person. 29
Page 3
Dust Diseases Tribunal Amendment (Damages--Deceased's Dependants)
Bill 2010
Schedule 1 Amendment of Dust Diseases Tribunal Act 1989 No 63
[2] Schedule 3 Savings, transitional and other provisions 1
Insert after Part 6: 2
Part 7 Dust Diseases Tribunal Amendment 3
(Damages--Deceased's Dependants) 4
Act 2010 5
16 Damages in compensation to relatives claims not to be reduced to 6
take into account entitlement to deceased's estate 7
(1) Section 12E (as inserted by the Dust Diseases Tribunal 8
Amendment (Damages--Deceased's Dependants) Act 2010) 9
applies in relation to causes of action arising before or after the 10
commencement of that section, and extends to proceedings 11
pending at that commencement. 12
(2) However, section 12E does not apply in relation to a cause of 13
action to the extent that proceedings on the cause of action have 14
been determined before the commencement of that section. 15
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