Fatal Accidents Act 1934 (Tas)

Fatal Accidents Act 1934

An Act to consolidate and amend the law as to compensating the families of persons killed by accidents [Royal Assent 27 November 1934]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Fatal Accidents Act 1934 .

2. Act to bind Crown (1) This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. (2) An action may be brought under this Act against the Crown in the same circumstances as it may be brought against a subject.

3. Interpretation (1) In this Act, unless the contrary intention appears – member of the family, in relation to a person, means that person's – (a) spouse, partner, parent, stepparent, grandparent, child, stepchild or grandchild; or (b) brother, sister, half-brother or half-sister; partner, in relation to a person, means an individual who, at the time when a wrongful act, neglect or default occurred in respect of the person, was in a personal relationship, within the meaning of the Relationships Act 2003 , with the person; wrongful act, neglect or default means a wrongful act, neglect or default referred to in section 4 .

3A.

4. Action to be maintainable notwithstanding the death of the person injured Whenever the death of a person is caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a crime.