WRONGS ACT 1958

Victorian Consolidated Legislation

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WRONGS ACT 1958

No. 6420 of 1958
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

Section Page
1. Short title and commencement
2. Repeals and savings
2A. Offences under this Act deemed to be indictable offences

PART I-CRIMINAL DEFAMATION

3. Definitions
3A. Repealed
4. No action maintainable against a person for faithfully reporting
5-8. Repealed
9. Publishing any libel with intent to extort money
10. Publisher of false defamatory libel
11. Trial for defamatory libel
12. Repealed
13. Costs

PART IA-PUBLISHERS

13A. Application of Part
13B. Definitions
13C. Identification of publisher
13D. Transitional provisions

PART II-SEDUCTION

14. Proof of loss of service in actions of seduction unnecessary

PART IIA-OCCUPIERS' LIABILITY

14A. Definitions
14B. Liability of occupiers
14C. Liability of Crown
14D. Application of Part V
14E. Transitional

PART IIB-NEGLIGENCE-INTOXICATION AND ILLEGAL ACTIVITY

14F. Common law
14G. Consideration of intoxication and illegal activity
14H. Application

PART IIC-APOLOGIES

14I. Definitions
14J. Apology not admission of liability
14K. Reduction or waiver of fees
14L. Application

PART III-WRONGFUL ACT OR NEGLECT CAUSING
DEATH

15. Repealed
16. Liability for death caused wrongfully
17. Action for death caused wrongfully
18. Action for damages by persons interested
19. Assessment of damages
19A. Limitation on damages for loss of gratuitous care
19B. Calculation of damages for gratuitous care
19C. Application of sections 19A and 19B.
20. Application to court as to cause of action under this Part
21. Particulars of demand
22. Payment into court
23. Mental or nervous shock
23AA. Regulations
23AB. Supreme Court-limitation of jurisdiction
23AC. Transitional for gratuitous care
23AD. Supreme Court-limitation of jurisdiction
23AE. Transitional for assessment of damages

PART IV-CONTRIBUTION

23A. Definitions
23B. Entitlement to contribution
24. Recovery of contribution
24AA. Proceedings against persons jointly liable for the same debt or damage
24AB. Successive actions against persons liable (jointly or otherwise) for the same damage
24AC. Application to the Crown
24AD. Savings

PART IVAA-PROPORTIONATE LIABILITY

24AE. Definitions
24AF. Application of Part
24AG. What claims are excluded from this Part?
24AH. Who is a concurrent wrongdoer?
24AI. Proportionate liability for apportionable claims
24AJ. Contribution not recoverable from defendant
24AK. Subsequent actions

24AL. Joining non-party concurrent wrongdoer in the action

24AM. What if a defendant is fraudulent?
24AN. Liability for contributory negligence not affected
24AO. Effect of Part IV
24AP. Part not to affect other liability
24AQ. Supreme Court-limitation of jurisdiction
24AR. Regulations
24AS. Transitional

PART IVA-ABOLITION OF DOCTRINE OF COMMON EMPLOYMENT

24A. Abolition of doctrine of common employment

PART V-CONTRIBUTORY NEGLIGENCE

25. Definitions
26. Liability for contributory negligence
27. Supreme Court-limitation of jurisdiction
28. Non-application of this Part
28AA. Transitional provision

PART VA-ASSESSMENT OF DAMAGES

28A. Damages for deprivation or impairment of earning capacity

PART VB-PERSONAL INJURY DAMAGES

28B. Definitions
28C. Application of Part
28D. General regulation of court awards
28E. Part does not give rise to any cause of action
28F. Damages for past or future economic loss-maximum for loss of earnings etc.
28G. Fixing damages for non-economic loss
28H. Indexation of maximum amount for non-economic loss
28HA. Tariffs for damages for non-economic loss
28I. Damages for future economic loss-discount rate
28IA. Limitation on damages for gratuitous attendant care
28IB. Calculation of damages
28IC. Other laws not to be affected
28ID. Limitation on damages for loss of capacity to provide care for others
28IE. Calculation of damages for gratuitous care
28IF. Application of sections 28ID and 28IE.
28J. Supreme Court-limitation of jurisdiction
28K. Regulations
28L. Transitional
28LA. Transitional for gratuitous attendant care services
28LAB. Transitional for tariffs for damages for non-economic loss
28LAC. Transitional for gratuitous care

PART VBA-THRESHOLDS IN RELATION TO RECOVERY OF DAMAGES FOR NON-ECONOMIC LOSS

Division 1-Introductory

28LB. Definitions
28LC. Application of Part
28LD. This Part is substantive law

Division 2-Restriction on recovery of damages for non-economic loss

28LE. Restriction on recovery of damages for non-economic
loss
28LF. What is significant injury?

Division 3-Assessment of impairment

28LG. Who can assess impairment?
28LH. How is the degree of impairment to be assessed?
28LI. Assessment of certain impairments
28LJ. Regard not to be had to secondary psychiatric or psychological impairment
28LK. Assessment of hearing impairment
28LL. Assessment in relation to injuries arising out of the same incident
28LM. Prescribed methods for assessment
28LN. Certificate of assessment
28LNA. Certificate where injury not stabilised

Division 4-Procedure for claim for non-economic loss

28LO. Agreement to waive assessment of impairment
28LP. What if the respondent asks for more information?
28LQ. What if the respondent disputes responsibility?
28LR. Can a respondent bind any other respondent?
28LS. Repealed
28LT. Copy of certificate of assessment to be served on
respondent
28LU. Multiple respondents
28LV. Limitation period suspended
28LW. Response to medical assessment
28LWA. What if the respondent asks for more information?
28LWB. What if the respondent disputes responsibility?
28LWC. Can a respondent bind any other respondent?
28LWD. Statement not admission of liability
28LWE. Referral of medical question to Medical Panel
28LX. Respondent to pay costs of referral
28LXA. Administration

Division 5-Procedure of Medical Panel

28LY. Application
28LZ. Procedure of Medical Panel
28LZA. Respondent must provide information to Medical Panel
28LZB. What if there is more than one referral in relation to an assessment?
28LZC. What can a Medical Panel ask a claimant to do?
28LZD. Attendance before Medical Panel to be private
28LZE. Medical Panel can ask a registered health practitioner to attend
28LZF. Protection of information given to Medical Panel
28LZG. Determination of Panel
28LZGA. Further assessment
28LZH. Effect of determination as to threshold level
28LZI. Limitations on appeal in relation to assessments and determinations
28LZJ. Treating medical practitioner not to be on Medical Panel
28LZK. Validity of acts or decisions
28LZL. Operation of Panel provisions of the Accident Compensation Act

Division 6-Proceedings on claim

28LZM. Provision of assessment information to court
28LZN. Alternative procedure for special cases

Division 7-General

28LZO. Supreme Court-limitation of jurisdiction
28LZP. Regulations
28LZQ. Transitional

PART VC-STRUCTURED SETTLEMENTS

28M. Definitions
28N. Court may make order for structured settlement

PART VI-DAMAGE BY AIRCRAFT

29. Definitions
30. Limitation of liability for trespass or nuisance by flying over property
31. Liability for damage by aircraft or articles falling therefrom

PART VIA-GOOD SAMARITAN PROTECTION

31A. Definition
31B. Protection of good samaritans
31C. Application of section 31B.
31D. Supreme Court-limitation of jurisdiction

PART VIB-FOOD DONOR PROTECTION

31E. Interpretation
31F. Protection of food donors
31G. Application of section 31F.
31H. Supreme Court-limitation of jurisdiction

PART VII-ABOLITION OF LIABILITY IN TORT FOR MAINTENANCE OR CHAMPERTY

32. Abolition of liability in maintenance or champerty

PART VIII-ANIMALS STRAYING ON TO A HIGHWAY

33. Liability for negligence for animals on highway

PART IX-VOLUNTEER PROTECTION

34. Definitions
35. Meaning of volunteer
36. Meaning of community work
37. Protection of volunteers from liability
38. Exceptions to section 37(1)
39. Provisions concerning the liability of community
organisations
40. Certain indemnities etc. have no effect
41. Application of section 37.
42. Regulations

PART X-NEGLIGENCE

Division 1-Preliminary

43. Definitions
44. Application of Part
45. Exclusions from Part
46. Application to contract
47. Effect of this Part on the common law

Division 2-Duty of care

48. General principles
49. Other principles
50. Duty to warn of risk-reasonable care

Division 3-Causation

51. General principles
52. Burden of proof

Division 4-Awareness of risk

53. Meaning of obvious risk
54. Voluntary assumption of risk
55. No liability for materialisation of inherent risk
56. Plaintiff to prove unawareness of risk

Division 5-Negligence of professionals and persons professing particular skills

57. Definition
58. Standard of care to be expected of persons holding out as possessing a particular skill
59. Standard of care for professionals
60. Duty to warn of risk

Division 6-Non-delegable duties and vicarious liability

61. Liability based on non-delegable duty

Division 7-Contributory negligence

62. Standard of care for contributory negligence
63. Contributory negligence can defeat claim

Division 8-General

64. Regulations
65. Supreme Court-limitation of jurisdiction
66. Transitional

PART XI-MENTAL HARM

67. Definitions
68. Application of Part
69. Exclusions from Part
70. Application to contract
71. Effect of this Part on the common law
72. Mental harm-duty of care
73. Limitation on recovery of damages for pure mental harm arising from shock
74. Limitation on recovery of damages for consequential mental harm
75. Liability for economic loss for mental harm
76. Regulations
77. Supreme Court-limitation of jurisdiction
78. Transitional

PART XII-LIABILITY OF PUBLIC AUTHORITIES

79. Definitions
80. Application of Part
81. Exclusions from Part
82. Effect of this Part on the common law
83. Principles concerning resources, responsibilities etc. of public authorities
84. Wrongful exercise of or failure to exercise function
85. Exercise of function or decision to exercise does not create
duty
86. Supreme Court-limitation of jurisdiction
87. Transitional
__________________
SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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