Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Contributory negligence must be presumed if the injured person was intoxicated at the time of the accident and the defendant claims contributory negligence.
(2) The presumption can be rebutted only if the injured person establishes, on the balance of probabilities, that—
(a) the intoxication did not contribute to the accident; or
(b) the intoxication was not self-induced.
(3) If the presumption is not rebutted, the damages the injured person would be entitled to, apart from the contributory negligence, must be reduced to the extent that the court considers just and equitable having regard to the injured person's share in the responsibility for the injury.