XN000022-1986-01-17 — Page 7

FRIDAY, JANUARY 17, 1986

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BILLS DEAL WITH INJURY CLAIMS *****

TWO INTERRELATED BILLS WHICH PROPOSE TO IMPLEMENT CERTAIN RECOMMENDATIONS MADE BY THE LAW REFORM COMMISSION IN ITS REPORT ENTITLED DAMAGES FOR PERSONAL INJURY AND DEATH WERE GAZETTED TODAY (FRIDAY).

THE OBJECTIVES OF THE LAW AMENDMENT AND REFORM (CONSOLIDATION) (AMENDMENT) BILL 1986 AND THE FATAL ACCIDENTS BILL 1986 ARE TO MAKE SOME LEGAL CHANGES IN RELATION TO DAMAGES RECOVERABLE BY AND ON BEHALF OF PERSONS INJURED OR KILLED THROUGH THE DELIBERATE OR NEGLIGENT ACTION OF OTHERS, A GOVERNMENT SPOKESMAN SAID.

+THESE CLAIMS MOST COMMONLY ARISE AS A RESULT OF ACCIDENTS

AT WORK OR ON THE ROADS, HE ADDED.

ONE OF THE MAIN AIMS OF THE BILLS IS TO DEAL WITH THE PROBLEM OF +WINDFALL+ DAMAGES.

AS THE LAW STANDS AT PRESENT, IT IS POSSIBLE IN SOME CIRCUMSTANCES THAT A DEFENDANT IN A FATAL ACCIDENT CLAIM IS REQUIRED TO PAY OUT SUBSTANTIALLY MORE THAN IS NECESSARY TO COMPENSATE THE RELATIVES OF THE PERSON KILLED.

+ THE BILLS WILL ENSURE THAT WHAT IS PAID BY THE DEFENDANT IS NO MORE, AND NO LESS, THAN FAIR COMPENSATION, THE SPOKESMAN SAID.

AT THE SAME TIME THE BILLS ABOLISH SOME OUTDATED PROVISIONS IN THE PRESENT LAW AND REPLACE THEM WITH NEW REMEDIES, HE POINTED OUT.

THE CHIEF OF THESE NEW REMEDIES IS AN AWARD OF $40 000 WHICH WILL BE PAID TO THE CLOSE RELATIVES OF A DECEASED PERSON TO COMPENSATE THEM FOR THEIR BEREAVEMENT.

+WHERE A PERSON IS SO BADLY INJURED AS TO REDUCE HIS ABILITY TO GIVE HIS CLOSE RELATIVES THE BENEFIT OF HIS SOCIETY, COMPENSATION OF UP TO $40 000 CAN ALSO BE AWARDED. IF AN INJURED OR DECEASED PERSON RENDERED GRATUITOUS SERVICES TO ANY OF THEM BEFORE THE ACCIDENT, COMPENSATION MAY BE AWARDED FOR HIS LOSS OF ABILITY TO RENDER THOSE SERVICES,+ HE EXPLAINED.

THE BILLS ALSO PROPOSE THAT THE RANGE OF DEPENDANTS WHO CAN MAKE A CLAIM FOR DAMAGES RESULTING FROM ANY PERSON'S DEATH CAUSED BY A WRONGFUL ACT, NEGLECT OR DEFAULT SHOULD BE EXTENDED.

AT PRESENT WIVES AND HUSBANDS, PARENTS, GRANDPARENTS, CHILDREN (INCLUDING ADOPTED AND STEP-CHILDREN), GRANDCHILDREN, BROTHERS, SISTERS, UNCLES AND AUNTS, COUSINS, NIECES AND NEPHEWS CAN CLAIM.

/+THE LIST