Administration and Probate Amendment Act 2005 (TAS)

Administration and Probate Amendment Act 2005

An Act to amend the Administration and Probate Act 1935

[Royal Assent 15 December 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Administration and Probate Amendment Act 2005 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Administration and Probate Act 1935 is referred to as the Principal Act. 4Section 27 amended (Rights of action by and against personal representatives) Section 27 of the Principal Act is amended by inserting after subsection (3) the following subsections: (3A)  Notwithstanding subsection (3)(c) , damages for pain and suffering, for any bodily or mental harm or for curtailment of expectation of life, may be recovered if – (a) the cause of action related to a dust-related condition; and (b) the deceased person commenced a proceeding in relation to the cause of action before the deceased person died; and (c) the deceased person died as a result of the dust-related condition or the dust-related condition was a contributing factor to the deceased person’s death. (3B)  For the purposes of subsection (3A)  – dust-related condition means – (a) any of the following diseases: (i) aluminosis; (ii) asbestosis; (iii) asbestos-induced carcinoma; (iv) asbestos-related pleural diseases; (v) bagassosis; (vi) berylliosis; (vii) byssinosis; (viii) coal dust pneumoconiosis; (ix) farmers’ lung; (x) hard metal pneumoconiosis; (xi) mesothelioma; (xii) silicosis; (xiii) silico-tuberculosis; (xiv) talcosis; or (b) any other pathological condition of the lung, pleura or peritoneum that is attributable to dust. (3C)  Subsection (3A) applies in relation to a proceeding, in respect of an action that survives for the benefit of the estate of a deceased person, whether the proceeding commenced before or after the commencement of that subsection unless – (a) judgment has been given in relation to the proceeding; or (b) the proceeding has been settled or withdrawn.

[Second reading presentation speech made in:

House of Assembly on 29 NOVEMBER 2005

Legislative Council on 1 DECEMBER 2005]