Gratuitous Care Assessment & Civil Liability Legislation Amendment Act 2008 Commenced

Further to our E-Alerts dated 24 and 29 October 2008, the Civil Liability Legislation Amendment Act 2008 No 84 commenced on 12 November 2008.

The Act amends section 15(3) of the Civil Liability Act 2002, and section 128(3) of the Motor Accidents Compensation Act 1999 to make it clear that no damages are to be awarded for attendant care services unless the services are provided (or to be provided):

for at least 6 hours per week, and

1. for a period of at least 6 consecutive months.
2. The amendment overcomes the effect of the Court of Appeal decision in Harrison v Melhem [2008] NSWCA 67. The word 'consecutive' significantly increases the width of the threshold.

This amendment applies to all claims made under the Civil Liability Act 2002 and Motor Accidents Compensation Act 1999 not determined by 11 November 2008, irrespective of when the claim was made or the date of the accident.