CIVIL LIABILITY ACT 2002
- Act 54 of 2002 - Royal Assent 19 December 2002Table of Provisions
Long TitlePART 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
PART 3 - Recovery by criminals
PART 4 - Apologies
PART 5 - Structured Settlements
PART 5A - Provisional Damages
PART 6 - Breach of Duty Division 1 - Preliminary
Division 2 - Standard of care
Division 3 - Causation
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
PART 8B - 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 - PreliminaryDivision 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. ]