174Maximum amount of damages for provision of certain services

174 Maximum amount of damages for provision of certain services (1) Where an award of damages to which this Division 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— and the services provided or to be provided are for not less than 40 hours per week, the amount of the compensation must not exceed— S. 174(1)(c) amended by No. 44/2014 s. 33(Sch. item 29(9)(a)). (c) in respect of the whole or any part of a reference period occurring between the date of the injury in relation to which the award is made and the date of the award—the amount per week that is the average weekly earnings of all employees for Victoria published by the Australian Bureau of Statistics— S. 174(1)(c)(i) amended by No. 44/2014 s. 33(Sch. item 29(9)(a)(i)). (i) in respect of that reference period; or S. 174(1)(c)(ii) amended by No. 44/2014 s. 33(Sch. item 29(9)(a)(i)). (ii) if such an amount has not been so published, the last amount so published in respect of a reference period; and S. 174(1)(d) amended by No. 44/2014 s. 33(Sch. item 29(9)(b)). (d) in respect of the whole or any part of any other reference period—the amount per week that is the average weekly earnings of all employees for Victoria last published by the Australian Bureau of Statistics before the date of the award in respect of a reference period— and, if the services provided or to be provided are for less than 40 hours per week, the amount of the compensation must not exceed the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with paragraph (c) or (d), 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).