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Terms of Reference

The Law Reform Commission of Western Australia is to provide advice and make recommendations for consideration by the ºÚÁÏÕýÄÜÁ¿ as to whether there should be any reform, and if so, the extent of any reform, to allow for claims for non-economic loss for wrongful death under the Fatal Accidents Act 1959 (the ‘Act’) and any consequential amendments.

In carrying out its review, the Commission is required to undertake a review on the following:

1. the scope of the class of persons who may claim for non-economic loss
2. the types of non-economic loss that ought to qualify
3. the appropriate quantum of damages for non-economic loss, including how damages are to be calculated and whether damages should be:
   1. fixed or variable
   2. capped or uncapped
4. whether other types of damages awarded for non-economic loss for wrongful death should be deducted from any damages awarded for non-economic loss for wrongful death under the Act
5. the measurable financial impact of any recommended changes on plaintiffs, insurers and the ºÚÁÏÕýÄÜÁ¿
6. any other related matter.

Outcomes

The Final Report was tabled in Parliament on 25 May 2021.

On tabling, the ºÚÁÏÕýÄÜÁ¿ indicated that it supported the Commission’s recommendation that the Fatal Accidents Act 1959 (WA) should not be amended to allow for claims for non-economic loss for wrongful death.