WRONGS ACT 1958
Table of Provisions
- 1 Short title and commencement
- 2 Repeals and savings
- 2A Offences under this Act deemed to be indictable offences
PART I--CRIMINAL DEFAMATION AND THE REPORTING OF COURT PROCEEDINGS
- 4 No action maintainable against a person for faithfully reporting
- 9 Publishing any libel with intent to extort money
- 10 Publisher of false defamatory libel
- 11 Trial for defamatory libel
- 13 Costs
- 13AA Transitional
PART IA--PUBLISHERS
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
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
- 16 Liability for death caused wrongfully
- 17 Action for death caused wrongfully[2]
- 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[3]
- 24AAA When employer not liable to indemnify third party in relation to an injury
- 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
- 24ADA Transitional and validating for Part IV—Justice Legislation Amendment Act 2023
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
Division 7--of Part X also contains provisions relating to contributory negligence.
- 27 Supreme Court—limitation of jurisdiction
- 28 Non-application of this Part
- 28AA Transitional provision
- 28AAB Transitional and validating for Part V—Justice Legislation Amendment Act 2023
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 certain amounts—consumer price index
- 28HAA Indexation—no reduction
- 28HAAB Indexation—rounding
- 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 Court may award damages for loss of capacity to provide gratuitous care to dependants
- 28IE Calculation of damages for gratuitous care
- 28IF Sections 28ID(2) to (5) and 28IE do not apply to certain actions for damages
- 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
- 28LACA Transitionals—Wrongs Amendment Act 2015
- 28LACB Power to resolve transitional difficulties in proceeding—Wrongs Amendment Act 2015
PART VBAA--AWARDS OF DAMAGES RELATED TO DEATH OR INJURY OF PRISONERS
- 28LAD Definitions
- 28LAE Application of Part
- 28LAF Assessment of damages
- 28LAG Criminal record
- 28LAH Transitional
PART VBA--THRESHOLDS IN RELATION TORECOVERY OF DAMAGES FOR NON‑ECONOMIC LOSS
Division 1--Introductory
Division 2--Restriction on recovery of damages for non‑economic loss
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 fornon-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?
- 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 Workplace Injury Rehabilitation and Compensation Act 2013
Division 6--Proceedings on claim
- 28LZM Provision of assessment information to court
- 28LZMA Power of court to stay proceeding until certificate of assessment and other information is served
- 28LZN Alternative procedure for special cases
Division 7--General
- 28LZO Supreme Court—limitation of jurisdiction
- 28LZP Regulations
- 28LZQ Transitional
- 28LZR Transitional—Wrongs Amendment (Asbestos Related Claims) Act 2015
- 28LZS Transitionals—Wrongs Amendment Act 2015
- 28LZT Power to resolve transitional difficulties in proceeding—Wrongs Amendment Act 2015
PART VC--STRUCTURED SETTLEMENTS
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
Division 3--Causation
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
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
PART XIII--ORGANISATIONAL LIABILITY FOR CHILD ABUSE
- 88 Definitions
- 89 Application of Part
- 90 When is an individual associated with a relevant organisation?
- 91 Liability of organisations
- 92 Entity may nominate body to be sued
- 93 Transitional
PART XIV--TRANSITIONAL PROVISION
- 94 Saving of orders continued in effect after commencement by Serious Offenders Act 2018