sec.85Retrospective effect of section 59A damages provisions for dust-related claims only

### sec.85 Retrospective effect of section 59A damages provisions for dust-related claims only The section 59A damages provisions apply to any dust-related claim, even if the relevant breach of duty has happened or happens before 1 July 2010. The section 59A damages provisions commence on 1 July 2010. However, the section 59A damages provisions do not apply to a dust-related claim if, before the date of assent of the amending Act— the claim was settled; or a proceeding for the claim was started and— the proceeding was discontinued; or judgment was given in the proceeding. The section 59A damages provisions apply to another type of personal injury claim only if the relevant breach of duty happens on or after 1 July 2010. To remove any doubt, it is declared that in a proceeding for a dust-related claim started before 1 July 2010, section 59A damages may be claimed even though the section 59A damages provisions have not yet commenced. In this section— amending Act means the Civil Liability and Other Legislation Amendment Act 2010 . dust-related claim means a claim for personal injury damages resulting from a dust-related condition. section 59A damages provisions means sections 5, 7, 59, 59A to 59D and 60 and schedule 2, definition section 59A damages , as amended or inserted under the amending Act. s 85 ins 2010 No. 9 s 15 (sec.85-ssec.1) The section 59A damages provisions apply to any dust-related claim, even if the relevant breach of duty has happened or happens before 1 July 2010. The section 59A damages provisions commence on 1 July 2010. (sec.85-ssec.2) However, the section 59A damages provisions do not apply to a dust-related claim if, before the date of assent of the amending Act— the claim was settled; or a proceeding for the claim was started and— the proceeding was discontinued; or judgment was given in the proceeding. (sec.85-ssec.3) The section 59A damages provisions apply to another type of personal injury claim only if the relevant breach of duty happens on or after 1 July 2010. (sec.85-ssec.4) To remove any doubt, it is declared that in a proceeding for a dust-related claim started before 1 July 2010, section 59A damages may be claimed even though the section 59A damages provisions have not yet commenced. (sec.85-ssec.5) In this section— amending Act means the Civil Liability and Other Legislation Amendment Act 2010 . dust-related claim means a claim for personal injury damages resulting from a dust-related condition. section 59A damages provisions means sections 5, 7, 59, 59A to 59D and 60 and schedule 2, definition section 59A damages , as amended or inserted under the amending Act. - (a) the claim was settled; or - (b) a proceeding for the claim was started and— (i) the proceeding was discontinued; or (ii) judgment was given in the proceeding. - (i) the proceeding was discontinued; or - (ii) judgment was given in the proceeding. - (i) the proceeding was discontinued; or - (ii) judgment was given in the proceeding.