Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LAW REFORM
(CONTRIBUTORY
NEGLIGENCE) AMENDMENT
BILL 2001
Queensland
LAW REFORM (CONTRIBUTORY
NEGLIGENCE) AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 5 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 10 (Apportionment of liability in case of contributory
negligence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 10--TRANSITIONAL PROVISION FOR LAW REFORM
(CONTRIBUTORY NEGLIGENCE) AMENDMENT ACT 2001
21 Amendments about contributory negligence to have retrospective
effect .............................................. 6
2001
A BILL
FOR
An Act to amend the Law Reform Act 1995
s1 4 s5
Law Reform (Contributory Negligence) Amendment
Bill 2001
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Law Reform (Contributory Negligence) 3
Amendment Act 2001. 4
2 Commencement
Clause 5
This Act is taken to have commenced on 7 August 2001. 6
3 Act amended
Clause 7
This Act amends the Law Reform Act 1995. 8
4 Amendment of s 5 (Definitions for pt 3)
Clause 9
(1) Section 5, definition "fault"-- 10
omit. 11
(2) Section 5-- 12
insert-- 13
` "wrong" means an act or omission that-- 14
(a) gives rise to a liability in tort for which a defence of contributory 15
negligence is available at common law; or 16
(b) amounts to a breach of a contractual duty of care that is 17
concurrent and coextensive with a duty of care in tort.'. 18
5 Amendment of s 10 (Apportionment of liability in case of
Clause 19
contributory negligence) 20
(1) Section 10(1) and (2)-- 21
omit, insert-- 22
s5 5 s5
Law Reform (Contributory Negligence) Amendment
Bill 2001
`(1) If a person (the "claimant") suffers damage partly because of the 1
claimant's failure to take reasonable care ("contributory negligence") and 2
partly because of the wrong of someone else-- 3
(a) a claim in relation to the damage is not defeated because of the 4
claimant's contributory negligence; and 5
(b) the damages recoverable for the wrong are to be reduced to the 6
extent the court considers just and equitable having regard to the 7
claimant's share in the responsibility for the damage. 8
`(2) Subsection (1) does not operate to defeat any defence arising under 9
a contract. 10
`(2A) If a contract or enactment providing for the limitation of liability 11
applies to the claim, the amount of damages recoverable by the claimant 12
because of subsection (1) is not to exceed the maximum limit applying to 13
the claim.'. 14
(2) Section 10(3), `at fault'-- 15
omit, insert-- 16
`guilty of contributory negligence'. 17
(3) Section 10(5), `fault and partly of the fault'-- 18
omit, insert-- 19
`failure to take reasonable care and partly of the wrong'. 20
(4) Section 10(5), `Common Law Practice Act 1867, section 15D'-- 21
omit, insert-- 22
`Succession Act 1981, section 661'. 23
(5) Section 10(6), `at fault'-- 24
omit, insert-- 25
`responsible for the damage'. 26
(6) Section 10(7), `at fault'-- 27
omit, insert-- 28
`guilty of contributory negligence'. 29
1 Succession Act 1981, section 66 (Survival of actions)
s6 6 s6
Law Reform (Contributory Negligence) Amendment
Bill 2001
6 Insertion of new pt 10
Clause 1
After section 20-- 2
insert-- 3
`PART 10--TRANSITIONAL PROVISION FOR LAW 4
REFORM (CONTRIBUTORY NEGLIGENCE) 5
AMENDMENT ACT 2001 6
`21 Amendments about contributory negligence to have retrospective 7
effect 8
`(1) The provisions of part 3, divisions 1 and 3 apply to a wrong that 9
happened before the commencement as if the provisions, in their form as 10
amended by the amending Act, had been in force when the wrong 11
happened. 12
`(2) However, the provisions, as in force before the commencement, 13
continue to apply to a wrong if any of the following apply-- 14
(a) the wrong relates to a WorkCover damages injury sustained 15
before 1 July 2001 for which final relief has not been granted by 16
a court before the commencement; 17
(b) a proceeding about the wrong-- 18
(i) was started before the commencement; and 19
(ii) final relief has not been granted by the court before the 20
commencement; 21
(c) a court has, before the commencement, granted final relief for the 22
wrong; 23
(d) the persons responsible for the damage have, before the 24
commencement, entered into an agreement to settle claims 25
arising from the wrong, including an agreement about liability 26
only. 27
`(3) Subsection (2)(a) applies whether or not a proceeding has been 28
started about the wrong. 29
`(4) For a proceeding for subsection (2)(a) or (b), any rule, regulation or 30
other law that would have been applicable to the proceeding had the 31
amending Act not been enacted continues to apply to the proceeding as if 32
the amending Act had not been enacted. 33
s6 7 s6
Law Reform (Contributory Negligence) Amendment
Bill 2001
`(5) In this section-- 1
"amending Act" means the Law Reform (Contributory Negligence) 2
Amendment Act 2001. 3
"commencement" means the commencement of this section. 4
"final
relief" , for a wrong, means a judgment or decision about the wrong, 5
including a judgment or decision about liability only, whether or not 6
an appeal has been made against the judgment or decision. 7
"proceeding" means a proceeding before a court. 8
"WorkCover damages injury" means an injury within the meaning of the 9
WorkCover Queensland Act 1996 for which the injured person has an 10
entitlement to damages under that Act.'. 11
12
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]