Western Australian Numbered Acts

CIVIL LIABILITY ACT 2002 (NO. 35 OF 2002) - SECT 12

12 .         Damages for provision of home care services

        (1)         This section deals with the awarding of damages for gratuitous services of a domestic nature or gratuitous services relating to nursing and attendance that have been or are to be provided to the person in whose favour the award is sought by a member of the same household or family as the person.

        (2)         No damages are to be awarded for the services if the services would have been, or would be, provided to the person even if the person had not suffered the personal injury.

        (3)         If the amount of damages that could, if this subsection did not apply, be awarded under subsection (5) or (7) is Amount B or less, no damages are to be awarded for the services.

        (4)         In subsection (3) —

        “Amount B” has the meaning given by section 13.

        (5)         If the services are provided or to be provided for not less than 40 hours per week, the amount of damages awarded for them is not to exceed the amount calculated on a weekly basis at the rate of —

            (a)         the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Western Australia for the relevant quarter; or

            (b)         if the Australian Statistician ceases to make the estimate referred to in paragraph (a), the weekly amount fixed by, or determined in accordance with, the regulations.

        (6)         In subsection (5)(5)(a) —

        “the relevant quarter” means —

            (a)         the quarter in which the services were provided; or

            (b)         if at the date of the award an estimate as referred to in subsection (5)(a) is not available to the court for that quarter or the services are yet to be provided, the most recent quarter for which such an estimate is available to the court at the date of the award.

        (7)         If the services are provided or to be provided for less than 40 hours per week, the amount of damages awarded for them is not to exceed the amount calculated on an hourly basis at an hourly rate that is one-fortieth of the weekly rate that would be applicable under subsection (5) if the services were provided or to be provided for not less than 40 hours per week.