Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an award of
damages that relates to personal injury or the death of a person is to include
compensation, awarded as a lump sum, in respect of damage for future loss that
is referable to —
(a) loss
or impairment of capacity to earn;
(b) loss
or diminution of future probable earnings; or
(c) a
liability to incur expenditure in the future,
the present value of
the future loss shall be quantified by adopting —
(d) a
discount rate of the percentage fixed by the Governor by Order; or
(e)
where no percentage is fixed as referred to in paragraph (d), a discount
rate of 6%.
(2) The Governor may,
by Order made on the recommendation of the Attorney General, fix a discount
rate as referred to in subsection (1)(d).
(3) In
subsection (1) personal injury includes any disease and any impairment of
a person’s physical or mental condition.
[Section 5 inserted by No. 50 of 1986
s. 5(1).]
