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S306M - Damages for loss of consortium or loss of servitum

(1) A court must not award damages for loss of consortium or loss of servitium unless-

(a) the injured worker died as a result of injuries sustained; or

(b) general damages for the injured worker are assessed (before allowing for contributory negligence) at the amount prescribed under a regulation for this provision, or more.

 

Note - Under section 306V, the Minister must make a recommendation about the amount to be prescribed.

 

(2) The court must not assess damages for loss of servitium above the limit fixed by subsection (3).

(3) The limit is 3 times QOTE per week.

(4) Section 10(3) does not apply to the reference to damages in subsection (1).

 

1 July 2010 1 July 2011
For section 306M(1)(b) of the Act, the amount prescribed is applied to injuries sustained on or after the following dates. $35,340 $36,350
For section 306M(3) of the Act, the limit of 3 times QOTE per week is applied to injuries sustained on or after the following dates. $3684.60 $3789.60