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CIVIL LIABILITY AMENDMENT BILL 8 OF 2004

                                    TASMANIA


                                     __________



              CIVIL LIABILITY AMENDMENT BILL 2004

                                     __________


                                   CONTENTS
             1.   Short title
             2.   Commencement
             3.   Principal Act
             4.   Section 4 amended (Application of Act)
             5.   Section 21 amended (Proactive and reactive duty of
                  registered medical practitioner to warn of risk)




[Bill 8]-I
 
 
2
 
 
            CIVIL LIABILITY AMENDMENT BILL 2004

              (Brought in by the Minister for Justice and Industrial
                Relations, the Honourable Judith Louise Jackson)

                                  A BILL FOR

           An Act to amend the Civil Liability Act 2002



           Be it enacted by His Excellency the Governor of Tasmania,
           by and with the advice and consent of the Legislative
           Council and House of Assembly, in Parliament assembled,
           as follows:



           Short title

           1. This Act may be cited as the Civil Liability Amendment
           Act 2004.



           Commencement

           2. This Act is taken to have commenced on the day on
           which the Civil Liability Amendment Act 2003
           commenced.



           Principal Act

           3. In this Act, the Civil Liability Act 2002* is referred to
           as the Principal Act.



           *No. 54 of 2002

[Bill 8]                                                                  3
 
 
s. 4   No.             Civil Liability Amendment              2004


       Section 4 amended (Application of Act)

       4. Section 4 of the Principal Act is amended as follows:

             (a)   by omitting from subsection (2) "Part 5
                   applies" and substituting "Part 5 and
                   section 12 apply";

             (b)   by omitting from subsection (2) "before" and
                   substituting "before or after";

             (c)   by inserting the following subsection after
                   subsection (2):

                          (3) Part 6, other than section 12, and
                   Parts 7, 8, 9, 10 and 11 do not apply to a cause
                   of action accrued before 4 July 2003.



       Section 21 amended (Proactive and reactive duty of
       registered medical practitioner to warn of risk)

       5. Section 21(1) of the Principal Act is amended as
       follows:

             (a)   by inserting "following" after "patient the";

             (b)   by omitting "information) ­" and substituting
                   "information):";

             (c)   by omitting from paragraph (a) "that" and
                   substituting "information that";

             (d)   by omitting from paragraph (a) "advice; and"
                   and substituting "advice;";

             (e)   by omitting from paragraph (b) "that" and
                   substituting "information that".



4                       Government Printer, Tasmania

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