Queensland Consolidated Acts Queensland Consolidated Acts(1) Where an award of damages is to include compensation, assessed as a lump sum, in respect of damage that is referable to deprivation or impairment of earning capacity or to a liability to incur expenditure in the future the amount of that compensation shall be the present value of that sum calculated in accordance with actuarial tables at a discount rate fixed by the Governor in Council under a regulation as at the time of making the award or, in the absence of a rate so fixed, at a discount rate of 5%.
(2) In fixing a discount rate for the purposes of subsection (1) the Governor in Council—
(a) may fix a positive, zero or negative rate; and
(b) shall have regard to the prevailing rates of inflation, the prevailing interest yields on fixed-term investment, the prevailing yields on investment in equities and such other economic factors as in the Governor in Council's opinion are relevant to the fixing of an appropriate discount rate.