Victorian Wrongs Act – Recommendations for reform
December 18, 2013
In November 2013 the Victorian Competition and Efficiency Commission published a draft report with recommendations following its inquiry into aspects of the Wrongs Act 1958. I have taken excerpts from this that are relevant to psychiatrists. See full report
The Commission report stated that to ‘address anomalies, inequities and inconsistencies in the limitations on damages for personal injury and death, that the Victorian Government amend the Wrongs Act 1958 (Vic) to:
- adjust the psychiatric injury threshold for eligibility to access damages for non-economic loss to greater than or equal to 10 per cent ( it is now greater than 10%)
- increase the maximum amount of damages that may be awarded to a claimant for non-economic loss to align with the cap under the Accident Compensation Act ( it is now a maximum of 3 times average weekly earnings.)
- that the Victorian Government amend section 31 of the Wrongs Act 1958 (Vic) to provide that damages for mental harm caused by aircraft accidents are only recoverable if the mental harm is accompanied by personal or property damage caused by an aircraft.
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