35CMaximum amount of damages for provision of certain services

#### 35C Maximum amount of damages for provision of certain services 35C Maximum amount of damages for provision of certain services > > (1) Where an award of damages to which this Part applies is to include compensation 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, > > > > the amount of the compensation shall not exceed: > > > > > (c) where the services provided or to be provided are not less than 40 hours per week: > > > > > > > (i) 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: > > > > > > > > > (A) 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 > > > > > > > > > (B) 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 > > > > > > > (ii) where the Australian Statistician fails or ceases to estimate the amount referred to in subparagraph (i), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed, or > > > > > (d) where the services provided or to be provided are less than 40 hours per week—the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with paragraph (c) (i) or (ii), as the case may be. > > > (2) 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 (1). > > **s 35C:** Ins 1984 No 86, Sch 3 (2).