Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CIVIL LIABILITY BILL 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application of Act
PART 2 INTOXICATION
5. Presumption of contributory negligence where person
intoxicated
PART 3 RECOVERY BY CRIMINALS
6. Criminals not to be awarded damages
PART 4 APOLOGIES
7. Effect of apology on liability
PART 5 STRUCTURED SETTLEMENTS
8. Court may make consent order for structured settlement
PART 6 MISCELLANEOUS
9. Rights to certain compensation not affected
10. Administration of Act
[Bill 75]-I
2
CIVIL LIABILITY BILL 2002
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to effect civil liability reforms
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:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Civil Liability Act 2002.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act, "personal injury" includes any disease
and any impairment of the physical or mental condition of
a person.
[Bill 75] 3
s. 4 No. Civil Liability 2002
Application of Act
4. (1) Parts 2, 3 and 4 do not apply to a cause of action
accrued before the commencement of this Act.
(2) Part 5 applies to a cause of action accrued before
the commencement of this Act.
4
2002 Civil Liability No. s. 5
PART 2 INTOXICATION
Presumption of contributory negligence where
person intoxicated
5. (1) If it is established that the person whose death,
injury or damage is the subject of proceedings for the
recovery of damages was, at the time of the act or omission
that caused the death, injury or damage, intoxicated to the
extent that the person's capacity to exercise due care and
skill was impaired, it is to be presumed that the person
was contributorily negligent unless the court is satisfied
that the person's intoxication did not contribute in any
way to the cause of the death, injury or damage.
(2) If there is a presumption of contributory
negligence, the court is to assess damages on the basis
that the damages to which the person would be entitled in
the absence of contributory negligence are to be reduced on
account of contributory negligence by 25% or a greater
percentage determined by the court to be appropriate in
the circumstances of the case.
(3) This section does not apply in a case where the
court is satisfied that the intoxication was not self-
induced.
(4) A reference in this section to a person being
"intoxicated" is a reference to a person being under the
influence of alcohol or a drug (whether or not taken for a
medicinal purpose and whether or not lawfully taken).
5
s. 6 No. Civil Liability 2002
PART 3 RECOVERY BY CRIMINALS
Criminals not to be awarded damages
6. (1) A court is not to award damages if the court is
satisfied that
(a) the person whose death, injury or damage is
the subject of the proceedings was, at the time
of the incident that resulted in the death,
injury or damage, engaged in conduct that (on
the balance of probabilities) constitutes a
serious offence; and
(b) the conduct contributed materially to the risk
of death, injury or damage.
(2) This section operates whether or not a person
whose conduct is alleged to constitute an offence has been,
will be or is capable of being proceeded against or
convicted of any offence relating to the conduct.
(3) In this section, "serious offence" means an
offence punishable by imprisonment for a term of 6 months
or more.
6
2002 Civil Liability No. s. 7
PART 4 APOLOGIES
Effect of apology on liability
7. (1) An apology made by or on behalf of a person in
connection with any matter alleged to have been caused by
the fault of the person
(a) does not constitute an express or implied
admission of fault or liability by the person in
connection with that matter; and
(b) is not relevant to the determination of fault or
liability in connection with that matter.
(2) Evidence of an apology made by or on behalf of a
person in connection with any matter alleged to have been
caused by the fault of the person is not admissible in any
civil proceedings as evidence of the fault or liability of the
person in connection with that matter.
(3) In this section, "apology" means an expression
of sympathy or regret, or of a general sense of benevolence
or compassion, in connection with any matter, which does
not contain an admission of fault in connection with the
matter.
7
s. 8 No. Civil Liability 2002
PART 5 STRUCTURED SETTLEMENTS
Court may make consent order for structured
settlement
8. (1) A court may, on the application of the parties to a
claim for damages for personal injury or death of a person,
make an order approving of, or in the terms of, a
structured settlement even though the payment of
damages is not in the form of a lump sum award of
damages.
(2) For the purposes of this section, a "structured
settlement" is an agreement that provides for the
payment of all or part of an award of damages in the form
of periodic payments funded by an annuity or other agreed
means.
8
2002 Civil Liability No. s. 9
PART 6 MISCELLANEOUS
Rights to certain compensation not affected
9. Nothing in this Act affects a right to compensation
under the Workers Rehabilitation and Compensation Act
1988 or to scheduled benefits under the Motor Accidents
(Liabilities and Compensation) Act 1973.
Administration of Act
10. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Justice and Industrial
Relations; and
(b) the department responsible to the Minister for
Justice and Industrial Relations in relation to
the administration of this Act is the
Department of Justice and Industrial
Relations.
Government Printer, Tasmania 9