{"id":"tas:act-1934-030","name":"Fatal Accidents Act 1934","slug":"fatal-accidents-act-1934","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"30 of 1934","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110635,"registerId":"tas-act-1934-030-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Fatal Accidents Act 1934](/view/html/inforce/2026-04-12/act-1934-030) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Act to bind Crown","content":"### 2 Act to bind Crown\n\n> *\\[Section 2 Inserted by No. 14 of 1993, s. 20 \\]*\n> \n> > (1)  This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.\n> \n> > (2)  An action may be brought under this Act against the Crown in the same circumstances as it may be brought against a subject.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> *\\[Section 3 Substituted by No. 48 of 1994, s. 4 \\]*\n> \n> > (1)  In this Act, unless the contrary intention appears –[*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja25@GC1@Hpa@EN)\n> > \n> > > ***member of the family***, in relation to a person, means that person's –\n> > > \n> > > > > (a) [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja25@GC1@Hpb@EN) spouse, partner, parent, stepparent, grandparent, child, stepchild or grandchild; or\n> > > > \n> > > > > (b) brother, sister, half-brother or half-sister;\n> > \n> > [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja25@GC1@Hpc@EN) [*\\[Section 3 Subsection (1) amended by No. 18 of 2008, s. 20, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS20@EN)\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 18 of 2008, s. 20, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS20@EN) ***partner***, in relation to a person, means an individual who, at the time when a wrongful act, neglect or default occurred in respect of the person, was in a personal relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with the person;\n> > \n> > > ***wrongful act, neglect or default*** means a wrongful act, neglect or default referred to in [section 4](#GS4@EN) .","sortOrder":2},{"sectionNumber":"3A.","sectionType":"section","heading":null,"content":"### 3A.\n\n*\\[Section 3A Inserted by No. 48 of 1994, s. 4 \\]* [*\\[Section 3A Repealed by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja25@GC2@EN)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Action to be maintainable notwithstanding the death of the person injured","content":"### 4 Action to be maintainable notwithstanding the death of the person injured\n\n> Whenever the death of a person is caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a crime.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Action to be for the benefit of certain relations","content":"### 5 Action to be for the benefit of certain relations\n\n> *\\[Section 5 Amended by 7 Geo. VI No. 34, s. 2 \\]*Every such action shall be for the benefit of the members of the family of the persons whose death shall have been so caused, and, subject to this Act, shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the parties aforesaid in such shares as the jury by their verdicts shall find and direct.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Only one action to lie","content":"### 6 Only one action to lie\n\n> *\\[Section 6 Subsection (1) amended by No. 98 of 1974, s. 40 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 6 Subsection (1) amended by No. 52 of 1965, s. 2 \\]*Not more than one action under this Act shall lie for and in respect of the same subject-matter of complaint.\n> \n> > (2)  *\\[Section 6 Subsection (2) omitted by No. 98 of 1974, s. 40 and Sched. 1 \\]*.  .  .  .  .  .  .  .  \n> \n> > (3)  *\\[Section 6 Subsection (3) omitted by No. 98 of 1974, s. 40 and Sched. 1 \\]*.  .  .  .  .  .  .  .","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Plaintiff to deliver particulars","content":"### 7 Plaintiff to deliver particulars\n\n> *\\[Section 7 Amended by 25 Geo. V No. 78 \\]*[*\\[Section 7 Amended by No. 23 of 2009, s. 12, Applied:16 Jun 2009\\]*](/view/html/inforce/2009-06-16/act-2009-023#GS12@EN) In every such action the plaintiff on the record shall be required, together with the statement of claim, to deliver to the defendant or the defendant's Australian legal practitioner a full particular of the persons for whom and on whose behalf such action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Persons beneficially interested may sue in default of executor, &c.","content":"### 8 Persons beneficially interested may sue in default of executor, &c.\n\n> *\\[Section 8 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  If in any case there is no executor or administrator of the person deceased, or, if there is such executor or administrator and no action under this Act is brought within 6 months after the death of such deceased person by and in the name of his executor or administrator, then and in every such case such action may be brought by and in the name or names of all or any of the persons, if more than one, for whose benefit such action would have been if it had been brought by and in the name of such executor or administrator.\n> \n> > (2)  Every action brought as provided by this section shall be for the benefit of the same persons, and shall be subject to the same regulations and procedure, as nearly as may be, as if it were brought by and in the name of such executor or administrator.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Payment into court without division","content":"### 9 Payment into court without division\n\n> > (1)  In any action brought under the provisions of this Act it shall be sufficient, if the defendant is advised to pay money into court, that he pay it as compensation in one sum to all persons entitled under this Act for his wrongful act, neglect, or default, without specifying the shares into which it is to be divided by the jury.\n> \n> > (2)  If the sum so paid into court is not accepted, and an issue is taken by the plaintiff as to its sufficiency, and the jury shall think the sum sufficient, the defendant shall be entitled to the verdict upon that issue.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Assessing damages","content":"### 10 Assessing damages\n\n> *\\[Section 10 Amended by 7 Geo. VI No. 34, s. 2 \\]**\\[Section 10 Amended by No. 77 of 1955, s. 2 \\]**\\[Section 10 Amended by No. 43 of 1956, s. 2 \\]**\\[Section 10 Amended by No. 55 of 1965, s. 5 \\]*\n> \n> > (1)  *\\[Section 10 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*In assessing damages in any action under this Act, there shall not be taken into account –\n> > \n> > > > (a) any sum paid or payable on the death of the deceased under any contract of insurance or assurance, whether made before or after the commencement of this Act;\n> > > \n> > > > (b) [*\\[Section 10 Subsection (1) amended by No. 18 of 2008, s. 21, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS21@EN) the value of such portion of the estate of the deceased person as passes to the members of his family, except so far as that value exceeds the sum of $250 000;\n> > > \n> > > > (c) any sum paid or payable out of any superannuation, provident, or like fund or by way of benefit from a friendly society, benefit society, or trade union, whether that sum forms portion of the estate of the deceased person or not; or\n> > > \n> > > > (d) any sum paid or payable by way of pension, benefit, or allowance under –\n> > > > \n> > > > > > (i) [*\\[Section 10 Subsection (1) amended by No. 16 of 2006, s. 22, Applied:01 Nov 2006\\]*](/view/html/inforce/2006-11-01/act-2006-016#GS22@EN) the [Veterans' Entitlements Act 1986](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth; or\n> > > > > \n> > > > > > (ii) the [Social Security Act 1991](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth –\n> > > > \n> > > > or under any Act (whether an Act of the Commonwealth or of this State) amending or replacing any such Act.\n> \n> > (2)  In any action brought under this Act damages may be awarded in respect of the expenses of the funeral or cremation of the deceased person and the reasonable cost of erecting a headstone or tombstone over the grave of the deceased person and hospital and medical expenses incurred as a result of the wrongful act causing his death if such expenses have been incurred or paid by the parties by whom, or for whose benefit, the action is brought, whether or not any such parties have sustained other pecuniary loss by reason of the death of the deceased.","sortOrder":10},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[*\\[Schedule 1 Repealed by No. 18 of 2008, s. 22, Applied:26 Jun 2008\\]*](/view/html/inforce/2008-06-26/act-2008-018#GS22@EN)","sortOrder":11}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act, as presented, contains post-enactment modifications that change its practical scope from the original 1934 text. Notable changes recorded in the text include: insertion of the Crown‑binding provision (s 2) (inserted by No. 14 of 1993); substitution and expansion of definitions in s 3 including a cross-reference to the Relationships Act 2003 for the term \"partner\" (amendments noted in 1994, 2003 and 2008); amendments to the damages assessment rules that exclude certain estate value up to $250,000 and specified pensions and benefits from reckoning in damages (s 10(1), amendments noted 1994, 2006, 2008); and repeal of Schedule 1 (noted 2008). These amendments widen Crown exposure to suit (subject to legislative power), alter who counts as family for entitlement purposes, and materially change what financial items are offset against damages, thereby changing both the potential size of awards and the distributional consequences among claimants (see s 2, s 3, s 10)."},"complexity_factors":["Cross-references to other statutes for definitions (e.g. 'partner' defined by reference to the Relationships Act 2003) (s 3).","Multiple specified exclusions when assessing damages (insurance, estate up to $250,000, superannuation, veterans' and social security benefits) requiring factual and legal characterisation (s 10(1)).","Procedural rules that change who may sue and when (executor/administrator primary, beneficiaries after 6 months) and a one-action-per-subject rule that affects strategy (s 6, s 8).","Defendant’s ability to pay a single lump sum into court without specifying shares transfers allocation to jury procedure if disputed (s 9).","Mixture of substantive liability rule (treating defendant as liable despite death) and procedural directives (particulars, jury allocation), creating interaction effects between evidence, procedure and remedy (s 4–5, s 7).","Binding of the Crown subject to parliamentary power creates an interpretive limit on scope (s 2(1)).","Amendments and repeals noted in the text indicate the statute has been modified over time; reading requires attention to those amendment notes."],"plain_english_summary":"**What this law does (mechanically)\n\n- Creates a cause of action when a person’s death is caused by a wrongful act, neglect or default so that the person who would have been liable to the injured person (if they had lived) is liable in an action for damages despite the victim’s death (s 4).\n\n- Directs that any such action is brought for the benefit of the deceased person’s family and must, subject to the Act, be brought by the deceased’s executor or administrator (s 5). The jury decides what damages are proportioned to each family member and the amount recovered is divided according to the jury’s directions after deduction of costs not recovered from the defendant (s 5).\n\n- Limits the process to one action for the same subject-matter (s 6).\n\n- Requires the plaintiff to file with the statement of claim a full list of the persons for whose benefit the action is brought and the nature of the claim (s 7).\n\n- Permits beneficiaries to bring the action themselves if there is no executor/administrator or if the executor/administrator does not bring the action within six months after death; such actions are to follow the same rules as if brought by an executor/administrator (s 8).\n\n- Allows a defendant advised to pay money into court to pay a single lump sum as compensation for all persons entitled under the Act, without specifying shares; if the sum is disputed and a jury finds it sufficient, the defendant wins that issue (s 9).\n\n- Prescribes what is excluded and included in assessing damages: amounts paid under life insurance are not to be taken into account; the value of that portion of the deceased’s estate that passes to family is ignored except so far as it exceeds $250,000; sums from superannuation/benefit societies and certain pensions or benefits (Veterans’ Entitlements and Social Security) are excluded (s 10(1)). Recoverable items may include funeral or cremation expenses, reasonable cost of a headstone or tombstone, and hospital/medical expenses incurred by the parties bringing the action (s 10(2)).\n\n- States that the Act binds the Crown in right of Tasmania and, to the extent parliamentary power permits, in other Crown capacities; the Crown can be sued under the same circumstances as a private person (s 2).\n\n- Defines key terms for the Act: who counts as a “member of the family” (spouse, partner, parents, grandparents, children, step-relations, siblings) and defines “partner” by reference to the Relationships Act 2003; defines \"wrongful act, neglect or default\" as that term is used in s 4 (s 3).\n\nWhy this matters (purpose-claims and practical effects)\n\n- Purpose-claim implicit in the mechanism: to convert a wrongful-death circumstance into an actionable claim for the deceased’s dependants or beneficiaries (s 4–5). The Act does that mechanically by treating the responsible person as liable as if the injured person had survived (s 4).\n\n- Who pays: the person (or entity) whose wrongful act, neglect or default caused the death is the defendant and liable to pay damages (s 4). If the defendant pays into court a lump sum, that lumpsum can be accepted as full compensation (s 9).\n\n- Who decides allocation and amount: a jury assesses damages and may apportion them among family members (s 5). Courts oversee procedural requirements (s 7, s 8).\n\nIncentives, costs and trade-offs built into the mechanics\n\n- Limits on recoverable amounts (s 10(1)) reduce the risk of double recovery to claimants by excluding life insurance proceeds, most superannuation/benefit payments and certain government pensions/allowances. The Act keeps family inheritance out of the damages calculation up to $250,000 (s 10(1)(b)). That lowers the monetary exposure of defendants compared with an approach that counted those amounts.\n\n- Allowing payment into court as a single sum without specifying shares (s 9(1)) can encourage defendants to make a global settlement but shifts the immediate task of dividing shares to the jury if the sum is disputed (s 9(2)).\n\n- Requiring an executor/administrator to bring the action within six months or otherwise permitting beneficiaries to bring it (s 8) creates pressure for timely litigation and provides an avenue for beneficiaries if the estate representative does not act.\n\n- The one-action rule (s 6) removes the possibility of multiple lawsuits for the same subject-matter, concentrating remedies into a single proceeding and reducing duplicative litigation.\n\nImplementation and compliance burdens\n\n- Plaintiffs must deliver full particulars identifying who will benefit and the nature of the claim with the statement of claim (s 7), which is a clear procedural compliance step.\n\n- The jury’s role in apportioning damages (s 5) introduces evidentiary and discretionary elements that can affect predictability of outcomes.\n\nDiscretion, institutional limits and notes on Crown liability\n\n- The Act binds the Crown (s 2) but does so \"so far as the legislative power of Parliament permits\" (s 2(1)), which signals a legal limit on the scope of Crown liability tied to constitutional or legislative competence.\n\n- Several terms are defined by reference to other law (\"partner\" via the Relationships Act 2003 in s 3), so implementation relies on interpreting cross-referenced statutes.\n\nImmediate operational consequences for private actors\n\n- Potential defendants face single‑sum liability exposure to family beneficiaries rather than suits by the deceased.\n\n- Executors/administrators have the primary duty to commence actions and identify beneficiaries; if they delay or fail, beneficiaries may step in after six months (s 8).\n\n- Plaintiffs must assemble particulars and evidence on the family composition and losses (s 7, s 5, s 10).\n\nKey sections cited: short title (s 1); Crown binding and suits against the Crown (s 2); definitions and \"member of the family\" and \"partner\" (s 3); liability despite death (s 4); benefit to family and jury allocation (s 5); single action rule (s 6); particulars requirement (s 7); beneficiaries’ right to sue in default of executor (s 8); payment into court (s 9); exclusions and permitted heads of damages (s 10)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: providing a statutory right of action for family members when death is caused by wrongful acts or negligence. While definitions have been modernised (e.g., adding 'partner' from the Relationships Act 2003 in 2008, expanding family members in 2003), and the Crown was bound in 1993, these are evolutionary updates rather than scope creep. The core mechanism — a single action for the benefit of defined family members — remains unchanged since 1934."},"complexity_factors":["Short statute with only 10 operative sections plus a repealed schedule","Minimal defined terms — only 3 defined in section 3 (member of the family, partner, wrongful act/neglect/default)","Straightforward procedural rules (one action only, 6-month delay before family can sue directly)","Simple exclusion rules for damages calculation in section 10, though with multiple sub-paragraphs (a)-(d)","Cross-reference to external legislation (Relationships Act 2003, Veterans' Entitlements Act 1986, Social Security Act 1991) for definitions and exclusions","Historical amendments visible in text but do not create operational complexity — the current law is clean","No nested exceptions or conditional logic beyond basic if/then structures"],"plain_english_summary":"This law allows family members to sue for compensation when someone dies because of another person's wrongful act, negligence, or default (carelessness or failure to do something they should have done).\n\n**What it does:**\n- **Creates a right to sue after death**: Normally, if someone dies, their legal right to sue for personal injury dies with them. This Act changes that — the deceased person's estate (managed by an executor or administrator) can bring a claim on behalf of the family.\n- **Who can benefit**: The compensation goes to \"members of the family\" — defined broadly to include spouses, domestic partners, parents, children, step-relatives, grandparents, and siblings. The court (or jury) decides how to divide the money among them.\n- **What can be claimed**: Damages (compensation) for the financial loss and injury suffered by family members because of the death. This specifically includes funeral costs, headstone expenses, and medical bills. However, certain money the family already receives is **ignored** when calculating damages — such as life insurance payouts, most inheritance (except amounts over $250,000), superannuation benefits, and government pensions.\n- **Only one claim allowed**: Only one lawsuit can be brought for each death. If there's no executor, or if the executor doesn't act within 6 months, family members can sue directly.\n- **Applies to the government**: The Crown (Tasmanian government) can be sued just like any other person.\n\n**Why it matters:**\nBefore laws like this existed, if someone died due to another's negligence, their family had no right to compensation for their loss of financial support and companionship. This Act ensures that wrongdoers remain accountable even when the victim cannot sue for themselves, and provides financial protection for grieving families."},"issue_detection":{"note":"The provided text appears to be almost entirely administrative metadata and formatting artifacts from the Tasmanian legislation website, rather than the substantive text of the Fatal Accidents Act 1934 itself. No operative provisions, definitions, liability rules, or procedural requirements of the Act are included. A meaningful analysis for logical flaws, absurdities, or contradictions within the actual legislation cannot be performed without the substantive sections of the Act. The only minor inconsistency detectable relates to metadata. Please provide the full operative text of the Act for a rigorous analysis.","absurdities":[{"type":"self_contradicting","section":"Status Information - Currency of version","severity":"low","reasoning":"If the version is current from 16 June 2009 and no amendments are reflected after that date, the file modification date of 31 October 2019 suggests administrative changes were made that may not be reflected in the stated currency period. However, this may simply reflect metadata updates rather than substantive legislative changes.","confidence":0.4,"description":"The legislation states it is 'current from 16 June 2009 to date' while also stating 'File last modified 31 October 2019', creating an internal inconsistency about when changes were last made."}],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1934 Act closely followed the English Fatal Accidents Act model, focusing narrowly on financial dependency claims by a defined list of close relatives. Over subsequent decades, amendments have broadened the categories of eligible claimants and the types of recoverable losses (potentially including non-economic losses like grief), reflecting evolving community standards around what families deserve when a loved one is wrongfully killed. The core purpose — allowing families to sue for wrongful death — remains unchanged, but the scope of who can claim and what they can recover has expanded."},"complexity_factors":["The legislation text provided is largely metadata and status information rather than the full substantive provisions, limiting full analysis","The Act has historical roots in 19th century English common law (Lord Campbell's Act), requiring some contextual legal knowledge to fully understand","Determining which family members qualify as eligible claimants can involve legal interpretation","Calculating damages (compensation amounts) in fatal accident claims involves complex actuarial and legal assessments","Interaction with other Tasmanian legislation (e.g., Wrongs Act, workers compensation laws) can complicate application","The Act has been amended multiple times since 1934, meaning the current version differs from the original and readers must account for amendments"],"plain_english_summary":"## Fatal Accidents Act 1934 (Tasmania)\n\n**What is this law?**\nThis is a Tasmanian law that allows the family members of a person who has been **killed due to someone else's wrongful act, neglect, or default** (i.e., their fault) to sue for compensation. Without this law, a death would actually *extinguish* any legal claim — meaning the wrongdoer could escape financial liability simply because the victim died rather than survived.\n\n**Who does it affect?**\n- **Families of deceased victims** — spouses, children, parents, and other dependants who relied on the deceased financially or otherwise\n- **Defendants** (e.g., negligent drivers, employers, businesses) who caused or contributed to someone's death\n- **Insurers** who may ultimately pay out compensation claims\n\n**Why does it matter?**\nIf your loved one is killed in, say, a workplace accident or a car crash caused by someone else's negligence, this Act gives your family the legal right to pursue compensation for losses like lost financial support, funeral costs, and in some cases grief or loss of companionship.\n\n**Key things to know:**\n- The Act is old (dating from 1934) and reflects a long-standing legal principle originally established in English law\n- Only certain **eligible family members/dependants** can bring a claim — not just anyone affected by the death\n- The law has been updated occasionally since 1934 to keep it current\n- It only applies in **Tasmania** — other states have their own equivalent laws\n\n**In plain terms:** This law stops wrongdoers from \"getting off the hook\" just because their victim died. It gives grieving families a path to financial justice."}},"importantCases":[],"_links":{"self":"/api/acts/fatal-accidents-act-1934","history":"/api/acts/fatal-accidents-act-1934/history","analysis":"/api/acts/fatal-accidents-act-1934/analysis","conflicts":"/api/acts/fatal-accidents-act-1934/conflicts","importantCases":"/api/acts/fatal-accidents-act-1934/important-cases","documents":"/api/acts/fatal-accidents-act-1934/documents"}}