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PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003

Table of Provisions

PART 1--PRELIMINARY

PART 2--LIABILITIES FOR PERSONAL INJURIES

Division 1--Exclusions and indemnities

  • 7 Volunteers and community organisations  
  • 7A Donors of food and grocery products  
  • 8 Good Samaritans  
  • 9 Occupier or owner of dwelling house or commercial premises  
  • 10 Criminal conduct of injured person  

Division 2--Expressions of regret

  • 11 Purpose of Division  
  • 12 Meaning of expression of regret  
  • 13 Expression of regret not admissible as evidence  

PART 3--CONTRIBUTORY NEGLIGENCE

PART 3A--INSTITUTIONAL LIABILITY FOR CHILD ABUSE

Division 1--Preliminary matters

  • 17A Definitions  
  • 17B Application of Part  
  • 17C Meaning of individual associated with an institution  

Division 2--Liability of institutions

  • 17D Duty to prevent child abuse  
  • 17E Liability of institutions for child abuse by individual associated with institution  
  • 17F Liability of institutions for child abuse by another child under care, supervision or authority of institution  

Division 3--Vicarious liability of institutions for child abuse

Division 4--Nomination of proper respondent

Division 5--Continuity of institutions

  • 17P Successor institutions  

Division 6--Proceedings against unincorporated institutions

  • 17Q Proceedings against unincorporated institutions  
  • 17R Liability of office holder of unincorporated institution  

Division 7--Court rules

PART 4--DAMAGES

Division 1--Preliminary

  • 18 Definitions  

Division 2--General

  • 19 No award of aggravated or exemplary damages  

Division 3--Pecuniary loss

  • 20 Damages for loss of earning capacity or financial support  
  • 21 Future pecuniary loss  
  • 22 Discount rate for future pecuniary loss  
  • 23 Gratuitous services  

Division 4--Non-pecuniary loss

  • 24 Purpose of Division  
  • 25 Damages other than for pecuniary loss  
  • 26 Assessment of degree of impairment  
  • 27 Damages for non-pecuniary loss  

Division 5--Interest

  • 29 No interest on particular damages  
  • 30 Calculation of interest payable on damages  

Division 6--Orders for structured settlements

  • 31 Meaning of structured settlement  
  • 32 Court may make order for structured settlement  

PART 4A--DAMAGES AWARDED TO OFFENDERS

Division 1--Preliminary matters

Division 2--Limit to damages

Division 3--Application of damages to certain payments

Division 4--Damages made available for victim payments

Division 5--Extension of limitation period for victims

PART 5--MISCELLANEOUS

PART 6--TRANSITIONAL MATTERS FOR PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003

  • 35 Transitional provisions  

PART 7--TRANSITIONAL MATTERS FOR PERSONAL INJURIES (LIABILITIES AND DAMAGES) AMENDMENT ACT 2010

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