Law Reform Commission of Western Australia
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Current Projects

Current Projects

Project 109 - Claims for Non-Economic Loss for Wrongful Death under the Fatal Accidents Act 1959 (WA)

Commenced: 2018

Completed:

Terms of Reference

The Law Reform Commission of Western Australia is to provide advice and make recommendations for consideration by the Government 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 Government
  6. any other related matter.

Project 108 - Review of Western Australian legislation in relation to the recognition of a person's sex, change of sex or intersex status .

Commenced: 2018

Completed:

Terms of Reference

The Law Reform Commission of Western Australia is to review and report on the inconsistencies between Western Australian and Commonwealth legislation in relation to the recognition of a person’s sex, change of sex or intersex status.

In carrying out its review, the Commission should examine and make recommendations as to any legislative reform necessary to the Gender Reassignment Act 2000 (WA) and the Births, Deaths and Marriages Registration Act 1998 (WA) to improve the process by which a person's change of sex or a person's intersex status is recognised by law in Western Australia and any consequential amendments including:

a. whether another category for classification of sex should be introduced and how any new category should be designated;

b. whether the role of the Gender Reassignment Board should be retained, or whether the Registrar of Births, Deaths and Marriages, or another person or body, should have responsibility for registering change of sex or intersex status;

c. what criteria should be used to determine whether a change of sex or intersex status should be registered and what evidence is necessary to establish that criteria;

d. any approval requirements which should apply in relation to applications by children to register change of sex or intersex status, including issues of parental consent, disputes between parents, and whether the child should be required to give informed consent; and

e. any other related matter.

Last updated: 8-Jun-2018

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