(2) In the case of any award to which this section applies, the court is to disregard the amount (if any) by which the claimant's gross weekly earnings would (but for the death or injury) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the award. (3) For the purposes of this section, the amount of average weekly earnings at the date of the award is— (a) the amount per week comprising the amount S. 28F(3)(a) amended by estimated by the Australian Statistician as No. 44/2014 the average weekly total earnings of all s. 33(Sch. item 34(1)). employees in Victoria for the most recent reference period occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award; or (b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed. S. 28G 28G Fixing damages for non-economic loss inserted by No. 49/2002 The maximum amount of damages that may be s. 7. awarded to a claimant for non-economic loss is $371 380. S. 28H 28H Indexation of maximum amount for non-economic inserted by loss No. 49/2002 s. 7. (1) The amount that is to apply for the purposes of S. 28H(1) amended by section 28G is to be varied, in respect of the No. 44/2014 financial year beginning on 1 July 2003 and each s. 33(Sch. item 34(2)). subsequent financial year, in accordance with the formula—
(2) In the case of any award to which this section applies, the court is to disregard the amount (if any) by which the claimant's gross weekly earnings would (but for the death or injury) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the award. (3) For the purposes of this section, the amount of average weekly earnings at the date of the award is— S. 28F(3)(a) amended by No. 44/2014 s. 33(Sch. item 34(1)). (a) the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Victoria for the most recent reference period occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award; or (b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed. S. 28G inserted by No. 49/2002 s. 7. 28G Fixing damages for non-economic loss The maximum amount of damages that may be awarded to a claimant for non-economic loss is $371 380. S. 28H inserted by No. 49/2002 s. 7. 28H Indexation of maximum amount for non-economic loss S. 28H(1) amended by No. 44/2014 s. 33(Sch. item 34(2)). (1) The amount that is to apply for the purposes of section 28G is to be varied, in respect of the financial year beginning on 1 July 2003 and each subsequent financial year, in accordance with the formula—
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