Review of compensation to relatives

Reference received: 3 November 2010

Report

Report 131: Compensation to relatives (PDF, 785.4 KB), October 2011

Tabled in parliament: 9 November 2011
Legislative action: See NSW Government response to NSW Law Reform Commission Report 131 Compensation to Relatives (PDF, 2.7 MB) (Tabled 22 May 2012)

Consultation paper

Consultation Paper 14: Compensation to relatives (PDF, 503.2 KB), May 2011

Submissions

Preliminary submissions

Terms of Reference

The Law Reform Commission is to inquire into the legislation governing the provision of damages, including under the Compensation to Relatives Act 1897, Law Reform (Miscellaneous Provisions) Act 1944, Dust Diseases Tribunal Act 1989 and Civil Liability Act 2002.

In particular, the Commission is:

to consider the merits of amending the legislation to overrule the principle that compensation to a relative for pecuniary loss is reduced to the extent that general damages to the legal personal representative of the deceased have already increased the amount to be distributed to the relative from the deceased’s estate;
if this amendment is recommended by the Commission, advise as to whether other legislative changes should be made or further economic modelling undertaken if it appears that, on a global basis, liabilities may be materially affected;
in considering any amendment, have regard also to the equity implications, including in terms of fairness as between defendants and claimants and as between different categories of claimants; and
to consider any related matters that the Commission thinks appropriate.