72Maximum amount of damages for provision of certain home care services

#### 72 Maximum amount of damages for provision of certain home care services 72 Maximum amount of damages for provision of certain home care services > > (1) The objects of this section are: > > > > > (a) to limit to average weekly earnings the level of payment for services for additional domestic assistance, and > > > > > (b) to restrict access to those payments to claims where the need is long term, and > > > > > (c) to exclude claims where the services provided would have been rendered as a matter of course regardless of the relevant motor accident. > > > (1A) Compensation, included in an award of damages, for the value of services of a domestic nature or services relating to nursing and attendance: > > > > > (a) which have been or are to be provided by another person to the person in whose favour the award is made, and > > > > > (b) for which the person in whose favour the award is made has not paid and is not liable to pay, > > > > must not exceed the amount determined in accordance with this section. > > > (2) Further, no compensation is to be awarded unless the services are provided (or to be provided): > > > > > (a) for at least 6 hours per week, and > > > > > (b) for a period of at least 6 consecutive months. > > > (3) If the services provided or to be provided are not less than 40 hours per week, the amount of compensation must not exceed: > > > > > (a) the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in New South Wales for: > > > > > > > (i) in respect of the whole or any part of a quarter occurring between the date of the injury in relation to which the award is made and the date of the award, being a quarter for which such an amount has been estimated by the Australian Statistician and is, at the date of the award, available to the court making the award—that quarter, or > > > > > > > (ii) in respect of the whole or any part of any other quarter—the most recent quarter occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and is, at that date, available to the court making the award, or > > > > > (b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed. > > > (4) If the services provided or to be provided are less than 40 hours per week, the amount of compensation must not exceed the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with subsection (3) (a) or (b), as the case may be. > > > (5) Unless evidence is adduced to the contrary, the court is to assume that the value of the services is the maximum amount determined under subsection (3) or (4), as the case requires. > > > (6) No compensation is to be awarded if the services would have been provided to the person even if the person had not been injured by the motor accident. > > > (7) Except as provided by this section, nothing in this section affects any other law relating to the value of services of the kind referred to in subsection (1A). > > **s 72:** Subst 1993 No 72, Sch 1 (13). Am 1995 No 66, Sch 1 \[30\] \[31\]; 1997 No 3, Sch 1 \[20\]; 2008 No 84, Sch 2.1 \[1\].