3CRestrictions on damages for non‑pecuniary loss

##### 3C. Restrictions on damages for non‑pecuniary loss Amount A 1 means — (a) for the financial year ending on 30 June 1994, $200 000; and (b) for any subsequent financial year, the amount recalculated as Amount A under subsections (8) and (9); Amount B 1 means — (a) for the financial year ending on 30 June 1994, $10 000; and (b) for any subsequent financial year, the amount recalculated as Amount B under subsections (8) and (10); Amount C 1 means — (a) for the financial year ending on 30 June 1994, $30 000; and (b) for any subsequent financial year, the amount recalculated as Amount C under subsections (8) and (10); non‑pecuniary loss means — (a) pain and suffering; (b) loss of amenities of life; (c) loss of enjoyment of life; (d) curtailment of expectation of life; and (e) bodily or mental harm. (2) The amount of damages to be awarded for non‑pecuniary loss is to be a proportion, determined according to the severity of the non‑pecuniary loss, of the maximum amount that may be awarded. (3) The maximum amount of damages that may be awarded for non‑pecuniary loss is Amount A, but the maximum amount may be awarded only in a most extreme case. (4) If the amount of non‑­pecuniary loss is assessed to be Amount B or less, no damages are to be awarded for non‑pecuniary loss. (5) If the amount of non‑pecuniary loss is assessed to be more than Amount B but not more than Amount C, the amount of damages to be awarded for non‑pecuniary loss is the excess of the amount so assessed over Amount B. (6) If the amount of non‑pecuniary loss is assessed to be more than Amount C but less than the sum of Amounts B and C, the amount of damages to be awarded for non‑pecuniary loss is the excess of the amount so assessed over — ![]() (7) No entitlement to damages is created by subsection (2), (3), (5) or (6) and those subsections are subject to any law (other than the *Workers Compensation and Injury Management Act 2023* Part 7 Division 2) that prevents or limits the awarding of damages. (8) By operation of this subsection and subsection (9) or (10) each of Amounts A, B and C is recalculated for each financial year with effect from 1 July (the recalculation date), commencing on 1 July 1994, by varying the respective amounts for the preceding financial year — (a) by the percentage by which the weighted average minimum award rate for adult males under Western Australian State Awards published by the Australian Statistician varies between 1 April in the calendar year preceding the recalculation date and 31 March in the calendar year of the recalculation date; or (b) if the relevant information is not so published, in accordance with the regulations. (9) If an amount recalculated under subsection (8) as Amount A is not a multiple of $1 000 it is to be rounded off to the nearest multiple of $1 000 (with an amount that is $500 more than a multiple of $1 000 being rounded off to the next highest multiple of $1 000). (10) If an amount recalculated under subsection (8) as Amount B or C is not a multiple of $500 it is to be rounded off to the nearest multiple of $500 (with an amount that is $250 more than a multiple of $500 being rounded off to the next highest multiple of $500). (11) On or before 1 July in each year the Minister is to publish a notice in the *Gazette* setting out Amounts A, B and C as they will have effect on and from that 1 July 1. (12) Failure to publish, or late publication of, a notice under subsection (11) does not affect the operation of subsection (8), (9) or (10). (13) Issues as to whether damages for non‑pecuniary loss may be awarded and as to the amount of those damages that may be awarded are to be determined by reference to Amounts A, B and C as in effect on the date on which the determination is made. [Section 3C inserted: No. 17 of 1994 s. 5; amended: No. 42 of 2004 s. 174; No. 21 of 2023 s. 680.]