Consultation Paper 14 (2011) - Compensation to relatives
Table of contents
Make a submission
Terms of reference
Participants
Questions
1. Introduction
Terms of Reference
Context of review
Approach of the Commission to this issue
Outline of the paper
2. Nature and incidence of asbestos-related diseases
Asbestos
Asbestos-related diseases
3. Dust diseases compensation framework in NSW
Dust disease defined
Dust diseases compensation
Dust Diseases Tribunal
1998 dust diseases amendments
Workers Compensation (Dust Diseases) Board
Asbestos litigation
Asbestos litigation trends
The James Hardie Final Funding Agreement
Compensation planning issues
4. Entitlements
Work-related injuries
Workers compensation
Common law actions
Other common law actions
Motor accidents
General common law actions
Dust diseases
Dependants’ actions under the Compensation to Relatives Act
Estate actions under survival of actions legislation
Implications for our review
5. Options for reform
Summary of main options
Option 1: Maintain the current law
Option 2: Abolish the Strikwerda principle
Option 3: Expand the entitlement to damages for non-economic loss in estate actions to dust-disease actions commenced after death
Option 4: Introduce damages for grief suffered by relatives
Option 5: Expand the entitlement to damages for non-economic loss in estate actions to all cases
Option 6: Alter the basis of assessment of damages in a dependant’s action
Consequences for stakeholders of any reform of the law
State of NSW
Defendants and insurers
Victims/claimants
6. Retain the current law or abolish the Strikwerda principle in relation to dust disease cases
Other jurisdictions
South Australia
Victoria
Western Australia
England and Wales
Retain the current law
Well-established principle
Dependants are adequately compensated
Avoidance of inequity between categories of claimants
Avoidance of over-compensation
Avoidance of increases in claims and claim costs
Abolish the Strikwerda principle
Discrimination and unfairness in the operation of the Strikwerda principle
Consistency between jurisdictions
The principle undermines the beneficial changes made in relation to estate actions
Impact of the amendments will be insignificant
7. Expand entitlement to damages for non-economic loss in estate actions to dust disease actions commenced after death
8. Solatium or bereavement damages
Function of solatium
Solatium and non-economic loss, options for award
Elements of an award of solatium
Entitlement to claim
Amount of award
Discretionary considerations
9. Expand the entitlement to damages for non-economic loss in estate actions
10. Alter the list of benefits which are to be disregarded when assessing damages in dependants’ actions
The law in other jurisdictions
England and Wales
Tasmania
The consequences of any enlargement of the excluded benefits
Appendix A Preliminary submissions
Appendix B Preliminary consultations
Table of cases
Table of legislation
Bibliography
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