CIVIL LIABILITY ACT 2003 - SECT 22
Standard of care for professionals
CIVIL LIABILITY ACT 2003 - SECT 22
Standard of care for professionals
22 Standard of care for professionals
(1) A professional does not breach a duty arising from the provision of a
professional service if it is established that the professional acted in a way
that (at the time the service was provided) was widely accepted by peer
professional opinion by a significant number of respected practitioners in the
field as competent professional practice.
(2) However, peer professional
opinion can not be relied on for the purposes of this section if the court
considers that the opinion is irrational or contrary to a written law.
(3)
The fact that there are differing peer professional opinions widely accepted
by a significant number of respected practitioners in the field concerning a
matter does not prevent any 1 or more (or all) of the opinions being relied on
for the purposes of this section.
(4) Peer professional opinion does not have
to be universally accepted to be considered widely accepted.
(5) This section
does not apply to liability arising in connection with the giving of (or the
failure to give) a warning, advice or other information, in relation to the
risk of harm to a person, that is associated with the provision by a
professional of a professional service.
