In this Act, unless the contrary intention appears –
adult average
weekly earnings means the dollar figure for full-time adult ordinary time
earnings for persons set out under the heading "AVERAGE WEEKLY EARNINGS,
Australia: Original" in catalogue number 6302.0 published by the Australian
Bureau of Statistics, as amended from time to time;
court includes tribunal
and, in relation to a claim for damages, means any court or tribunal by or
before which the claim falls to be determined;
damages includes any form of
monetary compensation;
duty means –
(a) a duty of care in tort; or
(b) a duty of care under contract that is co-extensive with a duty of care in
tort; or
(c) another duty under statute or otherwise that is co-extensive with a duty
of care referred to in paragraph (a) or (b) ;
future loss means all or
any of the following:
(a) future economic loss;
(b) future general expenses;
(c) future medical expenses;
(d) future gratuitous services;
gratuitous services means services of a
domestic nature or services relating to nursing or attendance provided to a
person for which that person does not pay or is not liable to pay;
non-economic loss means any one or more of the following:
(a) pain or suffering;
(b) loss of amenities of life;
(c) loss of enjoyment of life;
(d) curtailment of life expectancy;
(e) bodily or mental harm;
personal injury includes –
(a) pre-natal injury; and
(b) impairment of a person's physical or mental condition; and
