2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Civil Law (Wrongs) Amendment Bill 2005

A Bill for
An Act to amend the Civil Law (Wrongs) Act 2002

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Civil Law (Wrongs) Amendment Act 2005.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Civil Law (Wrongs) Act 2002.
4	New part 7.1A
insert
Part 7.1A	Damages for cost of raising child
99A	Application of pt 7.1A
This part applies to all claims for damages for the birth of a child whether the claim is brought in tort, in contract, under statute or otherwise. 
99B	Limitation on damages for cost of raising child
	(1)	In a proceeding involving a claim for damages for the birth of a child, damages must not be awarded for economic loss for the costs associated with rearing and maintaining the child.
	(2)	However, if the child has a physical or mental disability, this section does not prevent the recovery of any additional costs associated with rearing or maintaining the child that arise because of the disability.
5	New section 226
insert
226	Application provision for pt 7.1A
	(1)	Part 7.1A (Damages for cost of raising child) does not apply to a claim based on a cause of action that arose before the commencement of the part.
	(2)	This section expires 1 year after it commences.
	(3)	This section is declared to be a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2005.
2	Notification
	Notified under the Legislation Act on	2005.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2005