CIVIL LIABILITY ACT 2003 - As at 5 March 2020 - Act 16 of 2003
- As at 5 March 2020 - Act 16 of 2003Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
PART 2 - APPLICATION OF ACT
- 4 Application of Act
- 5 Civil liability excluded from Act
- 6 Act binds all persons
- 7 Provisions relating to operation of Act
PART 3 - INTERPRETATION
CHAPTER 2 - CIVIL LIABILITY FOR HARM
PART 1 - BREACH OF DUTY
Division 1 - General standard of care
Division 2 - Causation
Division 3 - Assumption of risk
- 13 Meaning of obvious risk
- 14 Persons suffering harm presumed to be aware of obvious risks
- 15 No proactive duty to warn of obvious risk
- 16 No liability for materialisation of inherent risk
Division 4 - Dangerous recreational activities
- 17 Application of div 4
- 18 Definitions for div 4
- 19 No liability for personal injury suffered from obvious risks of dangerous recreational activities
Division 5 - Duty of professionals
- 20 Definition for div 5
- 21 Proactive and reactive duty of doctor to warn of risk
- 22 Standard of care for professionals
Division 6 - Contributory negligence
- 23 Standard of care in relation to contributory negligence
- 24 Contributory negligence can defeat claim
Division 7 - Enhancement of public safety
- 25 Definition for div 7
- 26 Protection of persons performing duties for entities to enhance public safety
- 27 Protection of prescribed entities performing duties to enhance public safety
PART 2 - PROPORTIONATE LIABILITY
- 28 Application of pt 2
- 29 Definitions for pt 2
- 30 Who is a concurrent wrongdoer
- 31 Proportionate liability for apportionable claims
- 32 Onus of parties to identify all relevant parties
- 32A Contribution not recoverable from concurrent wrongdoer
- 32B Subsequent actions
- 32C Joining non-party concurrent wrongdoer in the action
- 32D What if a concurrent wrongdoer is fraudulent
- 32E What if a concurrent wrongdoer intends to cause loss or damage
- 32F What if a concurrent wrongdoer is proved to have engaged in misleading or deceptive conduct under the Fair Trading Act
- 32G Liability for contributory negligence not affected
- 32H Concurrent wrongdoer may seek contribution from person not a party to the original proceeding
- 32I Part not to affect other liability
- 33 Court may give directions
PART 2A - LIABILITY OF INSTITUTIONS FOR CHILD ABUSE
Division 1 - Preliminary
- 33A Definitions for part
- 33B Meaning of associated trust
- 33C When is a person associated with an institution
Division 2 - Duty of institutions
Division 3 - Liability of particular institutions and office holders
- 33F Liability of incorporated institution that was unincorporated at time of abuse
- 33G Liability of current office holder of unincorporated institution
- 33H Claim against unincorporated institution and nomination of appropriate defendant
- 33I Proceeding against nominee of unincorporated institution
Division 4 - Satisfaction of liability
- 33J Assets available to satisfy liability of institution
- 33K Assets available to satisfy liability of nominee
- 33L Assets available to satisfy liability of current office holder
- 33M Satisfaction of liability by trustee of associated trust
- 33MA References to liability
Division 5 - Miscellaneous
- 33N Entities may act despite other laws and duties
- 33O Continuity of institutions
- 33P Continuity of offices
- 33Q Corporations Act displacement
PART 3 - LIABILITY OF PUBLIC AND OTHER AUTHORITIES AND VOLUNTEERS
Division 1 - Public and other authorities
- 34 Definitions for div 1
- 35 Principles concerning resources, responsibilities etc. of public or other authorities
- 36 Proceedings against public or other authorities based on breach of statutory duty
- 37 Restriction on liability of public or other authorities with functions of road authorities
Division 2 - Food donors and volunteers
Subdivision 1 - Interpretation- 38 Interpretation Subdivision 2 - Food donors
- 38A Protection of food donors
- 38B Liability not excluded if insurance required
- 38C Liability not excluded for motor accidents Subdivision 3 - Volunteers
- 39 Protection of volunteers
- 40 Liability not excluded for criminal acts
- 41 Liability of intoxicated volunteer not excluded
- 42 Liability of volunteer not excluded if acting outside scope of activities or contrary to instructions
- 43 Liability not excluded if insurance required
- 44 Liability not excluded for motor accidents
PART 4 - EXCLUSION FROM CLAIMING DAMAGES BECAUSE OF PARTICULAR BEHAVIOUR
Division 1 - Criminal behaviour
- 45 Criminals not to be awarded damages
Division 2 - Intoxication
- 46 Effect of intoxication on duty and standard of care
- 47 Presumption of contributory negligence if person who suffers harm is intoxicated
- 48 Presumption of contributory negligence if person who suffers harm relies on care and skill of person known to be intoxicated
- 49 Additional presumption for motor vehicle accident
PART 5 - AWARDS FOR ECONOMIC LOSS FOLLOWING STERILISATION PROCEDURE OR CONTRACEPTIVE PROCEDURE OR ADVICE
CHAPTER 3 - ASSESSMENT OF DAMAGES FOR PERSONAL INJURY
PART 1 - PRELIMINARY
- 50 Application of ch 3
- 51 Definitions for ch 3
PART 2 - EXEMPLARY AND SIMILAR DAMAGES
- 52 Exemplary, punitive or aggravated damages can not be awarded
PART 2A - PARTICIPANTS IN NATIONAL INJURY INSURANCE SCHEME, QUEENSLAND
- 52A Definitions for part
- 52B Restriction on damages for participants in insurance scheme
- 52C Damages if insurance agency is liable to contribute
PART 3 - ASSESSMENT OF DAMAGES
- 53 Notice requiring mitigation of damages
- 54 Damages for loss of earnings
- 55 When earnings can not be precisely calculated
- 56 Damages for loss of superannuation entitlements
- 57 Discount rate for calculating present value of future loss or gratuitous services
- 58 Damages for loss of consortium or loss of servitium
- 59 Damages for gratuitous services provided to an injured person
- 59A Damages for gratuitous domestic services provided by an injured person
- 59B Circumstances in which section 59A damages can not be awarded
- 59C Provisions for assessment of section 59A damages
- 59D Restriction on damages if section 59A damages already recovered
- 60 Interest
- 61 Assessment by court of injury scale
- 62 Calculation of general damages
PART 4 - STRUCTURED SETTLEMENTS
- 63 Definition for pt 4
- 64 Court required to inform parties of proposed award
- 65 Court may make consent order for structured settlement
- 66 Obligation of legal practitioners to provide advice
- 67 Offer of structured settlement—legal costs
CHAPTER 4 - MISCELLANEOUS
PART 1 - EXPRESSIONS OF REGRET
- 68 Application of pt 1
- 69 Definition for pt 1
- 70 Purpose of pt 1
- 71 Meaning of expression of regret
- 72 Expressions of regret are inadmissible
PART 1A - APOLOGIES
- 72A Application of pt 1A
- 72B Purpose of pt 1A
- 72C Meaning of apology
- 72D Effect of apology on liability
PART 2 - JURY TRIALS
- 73 Exclusion of jury trial
PART 3 - GENERAL
CHAPTER 5 - TRANSITIONAL AND OTHER PROVISIONS
PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 16 OF 2003
PART 2 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2004
PART 3 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY (DUST DISEASES) AND OTHER LEGISLATION AMENDMENT ACT 2005
- 81 Awards of damages for loss of earnings
PART 4 - DECLARATION ABOUT COMMENCEMENT OF CHAPTER 2, PART 2
- 82 Commencement of ch 2, pt 2
PART 5 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND CIVIL LIABILITY AMENDMENT ACT 2007
- 83 Personal injury to which the amended s 5 extends as a result of the amendment
PART 6 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2008, PART 5
- 84 Persons donating food
PART 7 - TRANSITIONAL PROVISIONS FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2010
- 85 Retrospective effect of section 59A damages provisions for dust-related claims only
PART 8 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2019
- 86 Application of ch 2, pt 2A