Untitled document

Wrongs (Remarriage Discount) Act 2004

Act No. 6/2004

TABLE OF PROVISIONS

Section  Page

1.Purpose

2.Commencement

3.Assessment of damages in actions for wrongful death

4.New section 23AD inserted

23AD.Supreme Court—limitation of jurisdiction

5.Statute law revision

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ENDNOTES

Wrongs (Remarriage Discount) Act 2004

[Assented to 27 April 2004]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to amend the Wrongs Act 1958 to prevent a court from applying a separate discount to reduce damages in actions for wrongful death on account of the remarriage or repartnering, or prospects of remarriage or repartnering, of certain dependants of the deceased person.

2.Commencement

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

3.Assessment of damages in actions for wrongful death

At the end of section 19 of the Wrongs Act 1958 insert—

'(2)In assessing damages in an action under this Part, that is commenced on or after the commencement of the Wrongs (Remarriage Discount) Act 2004, no separate reduction may be made on account of—

(a)the remarriage or formation of a domestic partnership; or

(b)the prospects of remarriage or formation of a domestic partnership—

of the surviving spouse or domestic partner, or a surviving former spouse or former domestic partner, of the deceased person.

(3)In sub-section (2)—

"domestic partner" of a person who dies means an adult person to whom the person was not married at the time of death but with whom the person was in a relationship as a couple where one or each of them provided personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they were living under the same roof, but does not include a person who provided domestic support and personal care to the person—

(a)for fee or reward; or

(b)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

"spouse" of a person who dies means a person who was married to the person at the time of the person's death.

(4)For the purposes of the definition of "domestic partner" in sub-section (3), in determining whether persons were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case.

(5)Except as provided in this section, nothing in this section affects any other law relating to damages in an action under this Part.'.

4.New section 23AD inserted

At the end of Part III of the Wrongs Act 1958 insert—

"23AD.Supreme Courtlimitation of jurisdiction—

It is the intention of section 19(2) to alter or vary section 85 of the Constitution Act 1975.".

5.Statute law revision

In section 24A of the Wrongs Act 1958—

(a)for "employé" (wherever occurring) substitute "employee";

(b)for "employés" (wherever occurring) substitute "employees".

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ENDNOTES

Minister's second reading speech—

Legislative Assembly: 29 October 2003

Legislative Council: 20 April 2004

The long title for the Bill for this Act was "to amend the Wrongs Act 1958 with respect to wrongful deaths and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 29 October 2003

Legislative Council: 20 April 2004

Absolute majorities:

Legislative Assembly: 2 March 2004

Legislative Council: 20 April 2004