CIVIL LIABILITY ACT 1936
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 2 Act to bind the Crown
- 3 Interpretation
- 4 Application of Act
PART 3--Liability for animals
PART 4--Occupiers liability
PART 5--Wrongful acts or neglect causing death
- 23 Liability for death caused wrongfully
- 24 How to bring action etc
- 25 Restriction of actions and time of commencement
- 26 Particulars of person for whom damages claimed
- 27 Provision where no executor or administrator or action not commenced within 6 months
- 28 Liability to parents of person wrongfully killed
- 29 Liability to surviving spouse or domestic partner of person wrongfully killed
- 30 Further provisions as to solatium etc
PART 6--Negligence
Division 1--Duty of care
Division 2--Causation
- 34 General principles
- 35 Burden of proof
Division 3--Assumption of risk
Division 4--Negligence on the part of persons professing to have a particular skill
- 40 Standard of care to be expected of persons professing to have a particular skill
- 41 Standard of care for professionals
Division 5--Liability of road authorities
- 42 Liability of road authorities
Division 6--Exclusion of liability for criminal conduct
- 43 Exclusion of liability for criminal conduct
PART 7--Contributory negligence
PART 7A--Child abuse--liability of institutions
Division 1--Preliminary
- 50A Interpretation
- 50B Meaning of associated trust
- 50C When persons are associated with institution
- 50D Application of Part
Division 2--Duty of institutions to prevent child abuse
- 50E Duty to prevent child abuse
- 50F Proof of whether duty was breached
Division 3--Vicarious liability of institutions
- 50G Institutions vicariously liable for abuse of child by employee
Division 4--Liability of particular institutions and office holders
- 50H Liability of incorporated institution that was unincorporated at time of abuse
- 50I Liability of current office holder of unincorporated institution
- 50J Claim against unincorporated institution and nomination of appropriate defendant
- 50K Proceeding against nominee of unincorporated institution
Division 5--Satisfaction of liability
- 50L Assets available to satisfy liability of institution
- 50M Assets available to satisfy liability of nominee
- 50N Assets available to satisfy liability of current office holder
- 50O Satisfaction of liability by trustee of associated trust
- 50P References to liability
Division 6--Miscellaneous
- 50Q Entities may act despite other laws and duties
- 50R Continuity of institutions
- 50S Continuity of offices
- 50T Corporations Act displacement
- 50U Proceedings despite previous judgment
PART 7B--Child abuse--setting aside settlements
- 50V Meaning of affected agreement
- 50W Court may set aside affected agreement
- 50X Effect of setting aside affected agreement
PART 9--Miscellaneous
Division 1--Rights as between employer and employee
Division 2--Remedies against certain shipowners
- 60 Remedy against shipowners and others for injuries
Division 3--Damage by aircraft
- 61 Damage by aircraft
- 62 Exclusion of liability for trespass or nuisance
Division 4--Abolition of rule of common employment
- 63 Abolition of rule of common employment
Division 6--Limitation on the award of damages for the costs of raising a child
- 67 Limitation on the award of damages for the costs of raising a child
Division 7--Abolition of actions of seduction, enticement and harbouring
- 68 Abolition of actions for enticement, seduction and harbouring
Division 8--Unreasonable delay in resolution of claim
- 69 Definitions
- 70 Damages for unreasonable delay in resolution of a claim
- 71 Regulations
Division 9--Liability for perjury in civil actions
- 72 Liability for perjury in civil actions
Division 10--Racial victimisation
Division 11--Good samaritans
Division 11A--Food donors and distributors
- 74A Food donors and distributors
Division 11B--Supply of food in customers' containers
- 74B Supplying food in customers' own containers
Division 12--Effect of apology on liability
- 75 Effect of apology on liability
Division 12A--Exclusion of civil liability where Crown publishes certain information
- 75A Exclusion of civil liability where Crown publishes certain information
Division 13--Regulations