South Australian Consolidated Acts

DUST DISEASES ACT 2005 - SCHEDULE 1

Schedule 1—Related amendment and transitional provision

Part 1—Amendment of Civil Liability Act 1936

1—Amendment of section 24—How to bring action etc

Section 24(2aa)—after paragraph (e) insert:

            (e)         any sum recovered or recoverable for the benefit of the estate of the deceased under section 3(2) of the Survival of Causes of Action Act 1940 (which permits the recovery of damages for certain kinds of non-economic loss where the deceased dies of a dust-related condition).

Part 2—Amendment of Limitation of Actions Act 1936

2—Amendment of section 36—Personal injuries

Section 36—after subsection (1) insert:

        (1a)         However, in the case of a personal injury that remains latent for some time after its cause, the period of 3 years mentioned in subsection (1) begins to run when the injury first comes to the person's knowledge.

Part 3—Amendment of Survival of Causes of Action Act 1940

3—Amendment of section 3—Damages in actions which survive under this Act

Section 3(2), after "and curtailment of expectation of life," insert:

and exemplary damages,

Part 4—Transitional provision

4—Transitional provision

        (1)         This Act (and the amendments made by this Act) apply to causes of action arising and actions commenced before or after the commencement of this Act.

        (2)         However, subclause (1) does not apply to an action commenced before the commencement of this Act if the trial has commenced before the commencement of this Act.