South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"accident" means an incident out of which personal injury arises and includes
a motor accident;
"brother" includes half-brother and step-brother;
"child" includes son, daughter, grandson, granddaughter, step-son and
step-daughter;
"consequential mental harm" means mental harm that is a consequence of bodily
injury to the person suffering the mental harm;
"Consumer Price Index" means the Consumer Price Index (all groups index for
Adelaide) published by the Australian Statistician under the Census and
Statistics Act 1905 (Cwth);
"contributory negligence" means a failure by a person who suffers harm to
exercise reasonable care and skill for his or her own protection or for the
protection of his or her own interests;
"damages" means compensation or damages for harm and includes solatium but
does not include—
(a)
workers compensation; or
(b)
compensation under a statutory scheme for compensating victims of crime;
"domestic partner", in relation to any cause of action arising under this Act,
means a person declared under the Family Relationships Act 1975 to have
been a domestic partner on the day on which the cause of action arose;
"drive" includes ride, and "driver" and
"rider" have corresponding meanings;
"duty of care" means a duty to take reasonable care or to exercise reasonable
skill (or both);
"harm" includes loss of life, personal injury, damage to property, economic
loss and loss of any other kind;
"health care service" includes—
(a) a
diagnostic service;
(b) a
therapeutic service;
(c) any
other service directed at maintaining or restoring health;
"intoxicated"—a person is intoxicated if under the influence of alcohol
or a drug to the extent that the person's capacity to exercise due care and
skill is impaired;
"medical expenses" includes—
(a) the
fees of medical practitioners and other professional medical advisers and
therapists; and
(b) the
cost of hospitalisation; and
(c) the
cost of medicines and therapeutic appliances;
"mental harm" means impairment of a person's mental condition;
"motor accident" means an incident in which personal injury arises out of the
use of a motor vehicle;
"motor vehicle" means—
(a) a
motor vehicle as defined in the Motor Vehicles Act 1959 ; or
(b) a
vehicle operated on a railway, tramway or other fixed track or path by—
(i)
a person who holds a contract, licence or authority under
the Passenger Transport Act 1994 ; or
(ii)
a person who holds an accreditation under the Rail Safety
Act 1996 ;
"negligence" means failure to exercise reasonable care and skill, and includes
a breach of a tortious, contractual or statutory duty of care;
"non-economic loss" means—
(a) pain
and suffering; or
(b) loss
of amenities of life; or
(c) loss
of expectation of life; or
(d)
disfigurement;
"obvious risk"—see section 36;
"parent" includes father, mother, grandfather, grandmother, step-father and
step-mother;
"passenger compartment" of a motor vehicle means a part of the vehicle
designed for the carriage of passengers;
"personal injury" or "injury" means bodily injury and includes—
(a)
mental harm;
(b)
death;
"precaution" includes any action to avoid or reduce the risk of harm;
"prescribed discount rate" means—
(a) if
no percentage is fixed by regulation for the purposes of this
definition—5 per cent; or
(b) if
such a percentage is fixed by regulation—the percentage so fixed;
"prescribed maximum" means—
(a) in
relation to an injury arising from an accident that occurred during
2002—$2.2 million; or
(b) in
relation to an injury arising from an accident that occurred in a subsequent
calendar year—a sum (calculated to the nearest multiple of $10) that
bears to $2.2 million the same proportion as the Consumer Price Index for the
September quarter of the preceding year bears to the Consumer Price Index for
the September quarter 2001;
"prescribed minimum" means—
(a) in
relation to an injury arising from an accident that occurred during
2002—$2 750; or
(b) in
relation to an injury arising from an accident that occurred in a subsequent
calendar year—a sum (calculated to the nearest multiple of $10) that
bears to $2 750 the same proportion as the Consumer Price Index for the
September quarter of the preceding year bears to the Consumer Price Index for
the September quarter 2001;
"pure mental harm" means mental harm other than consequential mental harm;
"sister" includes half-sister and step-sister;
"spouse", in relation to any cause of action arising under this Act, means a
person who was legally married to another on the day on which the cause of
action arose;
"State average weekly earnings" means the amount determined in accordance with
the regulations by reference to publications of the Australian Statistician.