Administration and Probate (Dust Diseases) Act 2000

i Administration and Probate (Dust Diseases) Act 2000 Act No. 15/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Survival of claims for damages in certain causes of action 2 5. Insertion of new section 99AC 3 99AC. Transitional provision—Administration and Probate (Dust Diseases) Act 2000 3 6. Insertion of new First Schedule 3 ═══════════════ NOTES 5 -- 1 of 6 -- 1 Administration and Probate (Dust Diseases) Act 2000† [Assented to 9 May 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is to amend the Administration and Probate Act 1958 to provide for the survival of claims for damages in certain causes of action in relation to dust-related conditions and to make other minor amendments to that Act. Victoria No. 15 of 2000 -- 2 of 6 -- Act No. 15/2000 Administration and Probate (Dust Diseases) Act 2000 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Definitions In section 3(1) of the Administration and Probate Act 1958 insert the following definition— ' "dust-related condition" means— (a) a disease specified in the First Schedule; or (b) any other pathological condition of the lungs, pleura, peritoneum or sinus that is attributable to dust;'. 4. Survival of claims for damages in certain causes of action (1) In section 29(2)(c)(ii) of the Administration and Probate Act 1958, after "shall not" insert ", except as provided in sub-section (2A),". (2) After section 29(2) of the Administration and Probate Act 1958 insert— "(2A) Where— (a) a cause of action survives under sub- section (1) for the benefit of the estate of a deceased person; and (b) the death of that person is from a dust- related condition which has been caused by the act or omission which gives rise to the cause of action; and s. 2 -- 3 of 6 -- Act No. 15/2000 Administration and Probate (Dust Diseases) Act 2000 3 (c) proceedings in respect of that cause of action were commenced by that person before his or her death and were pending at his or her death— the damages recoverable for the benefit of the estate of that person shall include damages for all or any of the following— (d) that person's pain or suffering; (e) any bodily or mental harm suffered by that person; (f) the curtailment of that person's expectation of life.". 5. Insertion of new section 99AC After section 99AB of the Administration and Probate Act 1958 insert— "99AC. Transitional provision—Administration and Probate (Dust Diseases) Act 2000 Section 29(2A) does not apply to a cause of action, proceedings in respect of which commenced before the commencement of section 4 of the Administration and Probate (Dust Diseases) Act 2000, if the plaintiff has died before the commencement of section 4 of that Act.". 6. Insertion of new First Schedule Before the Second Schedule to the Administration and Probate Act 1958 insert— "FIRST SCHEDULE DUST-RELATED CONDITIONS Aluminosis Asbestosis s. 5 -- 4 of 6 -- Act No. 15/2000 Administration and Probate (Dust Diseases) Act 2000 4 Asbestos induced carcinoma Asbestos related pleural diseases Bagossosis Berylliosis Byssinosis Coal dust pneumoconiosis Farmers' lung Hard metal pneumoconiosis Mesothelioma Silicosis Silico-tuberculosis Talcosis". ═══════════════ s. 6 -- 5 of 6 -- Act No. 15/2000 Administration and Probate (Dust Diseases) Act 2000 5 NOTES † Minister's second reading speech— Legislative Assembly: 16 March 2000 Legislative Council: 12 April 2000 The long title for the Bill for this Act was "to amend the Administration and Probate Act 1958 to provide for the survival of claims for damages in certain causes of action in relation to dust-related conditions and for other purposes." Notes -- 6 of 6 --