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CIVIL LIABILITY ACT 2002

- Act 54 of 2002 - Royal Assent 19 December 2002

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 3A Provisions relating to operation of Act
  • 3B Civil liability excluded from Act
  • 3C Application of Act to non-delegable duty
  • 4 Application of Act
  • 4AA Act binds Crown

PART 2 - Intoxication

  • 4A Application of Part 2
  • 5 Presumption of contributory negligence where person intoxicated

PART 3 - Recovery by criminals

  • 5A Application of Part 3
  • 6 Criminals not to be awarded damages

PART 4 - Apologies

  • 6A Application of Part 4
  • 7 Effect of apology on liability

PART 5 - Structured Settlements

  • 7A Application of Part 5
  • 8 Court may make consent order for structured settlement

PART 5A - Provisional Damages

  • 8A Application of Part 5A
  • 8B Provisional damages for asbestos-related conditions

PART 6 - Breach of Duty Division 1 - Preliminary

  • 9 Interpretation
  • 10 Application of Part 6

Division 2 - Standard of care

  • 11 General principles
  • 12 Other principles

Division 3 - Causation

  • 13 General principles
  • 14 Onus of proof

Division 4 - Obvious risks

  • 15 Meaning of "obvious risk"
  • 16 Persons suffering harm presumed to be aware of obvious risks
  • 17 No proactive duty to warn of obvious risk

Division 5 - Dangerous recreational activities

  • 18 Application of Division
  • 19 Interpretation
  • 20 No liability for harm suffered from obvious risks of dangerous
  • recreational activities

Division 6 - Professional negligence

  • 21 Proactive and reactive duty of registered medical practitioner to
  • warn of risk
  • 22 Standard of care for professionals

Division 7 - Contributory negligence

  • 23 Standard of contributory negligence

PART 7 - Assessment of Damages for Personal Injury or Death

  • 24 Application of Part 7
  • 25 Damages for loss of superannuation entitlements
  • 26 Damages for loss of earning capacity
  • 27 Restrictions on damages for non-economic loss (general damages)
  • 28 Tariffs for damages for non-economic loss (general damages)
  • 28A Discount rate applicable to certain damages
  • 28B Damages for gratuitous services
  • 28BA Damages for loss of capacity to provide gratuitous services to
  • another
  • 28C Abolition of awards for gratuitous services in respect of claims
  • under Motor Accidents (Liabilities and Compensation) Act 1973
  • 28D Abolition of action for loss of consortium
  • 28E Abolition of certain actions

PART 8 - Mental Harm

  • 29 Interpretation
  • 30 Application of Part 8
  • 31 Personal injury arising from mental or nervous shock
  • 32 Limitation on recovery for pure mental harm arising from shock
  • 33 Pure mental harm – liability only for recognised
  • psychiatric illness
  • 34 Mental harm – duty of care
  • 35 Liability for economic loss for consequential mental harm

PART 8A - Good Samaritans

  • 35A Application of Part
  • 35B Protection of good samaritans
  • 35C Exclusion from protection

PART 8B - Food Donors

  • 35D Interpretation
  • 35E Application of Part
  • 35F Protection of food donors

PART 9 - Liability of Public and Other Authorities

  • 36 Application of Part 9
  • 37 Interpretation
  • 38 Principles concerning resources, responsibilities, &c., of public
  • or other authorities
  • 39 No duty of care for recreational activity where risk warning
  • 40 Proceedings against public or other authorities based on breach of
  • statutory duty
  • 41 When public or other authority not liable for failure to exercise
  • regulatory functions
  • 42 Special non-feasance protection for failure to carry out road work
  • 43 Exercise of function or decision to exercise does not create duty

PART 9A - Proportionate Liability

  • 43A Application of Part 9A
  • 43B Proportionate liability for apportionable claims
  • 43C Contribution not recoverable from defendant
  • 43D Duty of defendant to inform plaintiff about concurrent wrongdoers
  • 43E Subsequent actions
  • 43F. Joining non-party concurrent wrongdoer in action
  • 43G This Part does not prevent certain liability, &c.

PART 10 - Volunteers

  • 44 Interpretation
  • 45 Meaning of "volunteer"
  • 46 Application of Part 10
  • 47 Protection of volunteers from liability
  • 48 Liability of community organisations
  • 49 Certain indemnities, &c., have no effect

PART 10A - Accommodation provider

  • 49A Liability of accommodation provider for lost, destroyed or damaged
  • property

PART 10B - Rights between employer and employee

  • 49B Employee not liable where employer also liable

PART 10C - Child Abuse – Liability of Organisations Division

1 - Preliminary
  • 49C Interpretation of Part 10C
  • 49D Application of Part
  • 49E Successor organisations

Division 2 - Duty of organisations to prevent child abuse

  • 49F Organisations responsible for children
  • 49G Individuals associated with organisations
  • 49H Liability of organisation for child abuse by associated individuals

Division 3 - Vicarious liability of organisations

  • 49I Employees include persons exercising functions akin to employees
  • 49J Organisations vicariously liable for child abuse perpetrated by
  • employees

Division 4 - Proceedings against unincorporated organisations

  • 49K Objects of Division
  • 49L Definitions
  • 49M Child abuse proceedings may be commenced against unincorporated
  • organisation
  • 49N Unincorporated organisation may appoint proper defendant
  • 49O Entities suitable to be appointed as proper defendant
  • 49P Court may appoint proper defendant
  • 49Q Effect of appointment of proper defendant
  • 49R Special provisions applying when trustees of associated trust
  • appointed
  • 49S Rules of court

PART 11 - Miscellaneous

  • 50 Regulations
  • [ Note: This table has been automatically generated and may be incomplete. ]

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