Untitled document

Wrongs Amendment (Asbestos Related Claims) Act 2015

No. 2 of 2015

table of provisions

Section  Page

1Purpose

2Commencement

3Definitions

4Application of Part

5New section 28LZR inserted

6Repeal of amending Act

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Endnotes

1      General information

Wrongs Amendment (Asbestos Related Claims) Act 2015

No. 2 of 2015

[Assented to 10 March 2015]

The Parliament of Victoria enacts:

1Purpose

The main purpose of this Act is to amend Part VBA of the Wrongs Act 1958 in relation to claims for the recovery of damages for non-economic loss in respect of asbestos-related conditions.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Definitions

In section 28LB of the Wrongs Act 1958 insert the following definition—

"asbestos-related condition has the same meaning as in the Asbestos Diseases Compensation Act 2008;".

4Application of Part

(1)In section 28LC(2)(d) of the Wrongs Act 1958, for "that Act." substitute "that Act;".

(2)After section 28LC(2)(d) of the Wrongs Act 1958 insert—

"(e)a claim in respect of an injury that is an asbestos-related condition.".

5New section 28LZR inserted

After section 28LZQ of the Wrongs Act 1958 insert—

"28LZR   Transitional—Wrongs Amendment (Asbestos Related Claims) Act 2015

(1)Subject to subsection (2), this Part as amended by the Wrongs Amendment (Asbestos Related Claims) Act 2015 applies to a claim in a proceeding for damages for non-economic loss in respect of an injury that is an asbestos-related condition, irrespective of when the act or omission causing the injury and giving rise to the claim for damages in respect of the injury occurred.

(2)The amendments made to this Part by the Wrongs Amendment (Asbestos Related Claims) Act 2015 do not apply to a claim in a proceeding for damages for non-economic loss in respect of an injury that is an asbestos-related condition if, before the Wrongs Amendment (Asbestos Related Claims) Act 2015 commenced—

(a)the proceeding had been finally determined; or

(b)the claim had otherwise been finally settled.

(3)If, immediately before the commencement of the Wrongs Amendment (Asbestos Related Claims) Act 2015, a proceeding for a claim for damages for non-economic loss in respect of an injury that is an asbestos-related condition had been commenced and begun to be heard but was not determined by the court or otherwise finally settled at the commencement of that Act, that claim is taken to have always been a claim to which this Part does not apply as if section 28LC(2)(e) had been enacted and in operation at the time the proceeding in respect of the claim was commenced.

(4)Despite section 14(2) of the Interpretation of Legislation Act 1984, this Part as amended by the Wrongs Amendment (Asbestos Related Claims) Act 2015 applies to proceeding number S CI 2390 of 2013 in the Supreme Court of Victoria: Multari v Amaca Pty Ltd (under New South Wales administered winding up) and Another.".

6Repeal of amending Act

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 11 February 2015

Legislative Council: 12 February 2015

The long title for the Bill for this Act was "A Bill for an Act to amend Part VBA of the Wrongs Act 1958 and for other purposes."