WRONGS ACT 1958 - NOTES
WRONGS ACT 1958 - NOTES
Version No.
128
No. 6420 of 1958 Version incorporating amendments as at 11 October 2023
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Version No. 128
Wrongs Act 1958
No. 6420 of 1958 Version incorporating amendments as at 11 October 2023
Endnotes
1 General information
See www.legislation.vic.gov.au for
Victorian Bills, Acts and current Versions of legislation and up-to-date
legislative information.
The Wrongs Act 1958 was assented to on 30 September 1958 and came
into operation on 1 April 1959: Government Gazette 18 March 1959 page
893.
INTERPRETATION OF LEGISLATION ACT 1984
(ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act. See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Wrongs Act 1958
by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Wrongs Act 1958 , No. 6420/1958
Assent Date:
30.9.58
Commencement Date:
S. 28LACC(4) inserted on 19.11.15 by No. 62/2015 s. 10:
s. 2 ; s. 28LZU(4) inserted on 19.11.15 by No. 62/2015 s. 13: s.
2
Note:
S. 28LACC(4) repealed s. 28LACC on 19.11.17;
s. 28LZU(4) repealed s. 28LZU on 19.11.17
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs (Assessment of Damages) Act 1966 ,
No. 7496/1966
Assent Date:
20.12.66
Commencement Date:
20.2.67: Government Gazette 8.2.67
p. 288
Current State:
All of Act in operation
Justices (Amendment) Act 1969 ,
No. 7876/1969
Assent Date:
25.11.69
Commencement Date:
S. 2(Sch.) on 1.4.70: Government Gazette 25.2.70
p. 463
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Abolition of Obsolete Offences Act 1969 ,
No. 7884/1969
Assent Date:
2.12.69
Commencement Date:
2.12.69
Current State:
All of Act in operation
Wrongs Act 1972 , No. 8330/1972
Assent Date:
5.12.72
Commencement Date:
1.1.73: s. 1(3)
Current State:
All of Act in operation
Status of Children Act 1974 ,
No. 8602/1974
Assent Date:
26.11.74
Commencement Date:
1.3.75: Government Gazette 5.2.75
p. 228
Current State:
All of Act in operation
Employers and
Employ é s (Repeal) Act 1976,
No. 8915/1976
Assent Date:
7.12.76
Commencement Date:
7.12.76: s. 1(2)
Current State:
All of Act in operation
Wrongs (Action for Damages) Act 1978,
No. 9153/1978
Assent Date:
30.5.78
Commencement Date:
1.9.78: Government Gazette 12.7.78
p. 2279
Current State:
All of Act in operation
Wrongs (Defamation) Act 1979 ,
No. 9292/1979
Assent Date:
23.10.79
Commencement Date:
23.10.79: s. 1(3)
Current State:
All of Act in operation
Wrongs (Assessment of Damages) Act 1979 ,
No. 9353/1979
Assent Date:
20.12.79
Commencement Date:
20.12.79
Current State:
All of Act in operation
Crimes (Classification of Offences) Act 1981 ,
No. 9576/1981
Assent Date:
26.5.81
Commencement Date:
1.9.81: Government Gazette 26.8.81
p. 2799
Current State:
All of Act in operation
Workers Compensation (Actions) Act 1981 ,
No. 9683/1981
Assent Date:
5.1.82
Commencement Date:
5.1.82
Current State:
All of Act in operation
Wrongs (Defamation) Act 1981 ,
No. 9708/1981
Assent Date:
5.1.82
Commencement Date:
5.1.82
Current State:
All of Act in operation
Wrongs (Dependants) Act 1982 ,
No. 9856/1982
Limitation of Actions (Personal Injury Claims) Act 1983 ,
No. 9884/1983
Assent Date:
10.5.83
Commencement Date:
11.5.83: Government Gazette 11.5.83
p. 1145
Current State:
All of Act in operation
Penalties and Sentences (Amendment) Act 1983 ,
No. 9945/1983
Assent Date:
20.9.83
Commencement Date:
S. 3(3)(Sch. 2 item 42) on 20.12.83: Government Gazette
14.12.83 p. 4035
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Occupiers' Liability Act 1983 ,
No. 9995/1983
Assent Date:
13.12.83
Commencement Date:
1.7.84: Government Gazette 27.6.84
p. 2120
Current State:
All of Act in operation
Wrongs (Animals Straying on Highways) Act 1984,
No. 10078/1984
Assent Date:
15.5.84
Commencement Date:
1.8.84: Government Gazette 11.7.84
p. 2381
Current State:
All of Act in operation
Accident Compensation Act 1985 ,
No. 10191/1985
Assent Date:
30.7.85
Commencement Date:
S. 276(Sch. 2 ) on 31.8.85 (at 4 p.m.): Government Gazette
30.8.85 p. 3401
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs (Contribution) Act 1985 ,
No. 10227/1985
Assent Date:
10.12.85
Commencement Date:
12.2.86: Government Gazette 12.2.86
p. 382
Current State:
All of Act in operation
Coroners Act 1985 ,
No. 10257/1985
Assent Date:
10.12.85
Commencement Date:
S. 93 on 1.6.86: Government Gazette 30.4.86
p. 1115
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Local Government (Consequential Provisions) Act 1989 ,
No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(Sch. 2 item 136.1) on 1.11.89: Government Gazette
1.11.89 p. 2798
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Crimes Legislation (Miscellaneous Amendments) Act 1989 ,
No. 25/1989
Assent Date:
6.6.89
Commencement Date:
Pt 7 (ss 38 , 39 ) on 25.6.89: Special Gazette 20.6.89
p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Magistrates' Court Act 1989 ,
No. 51/1989
Assent Date:
14.6.89
Commencement Date:
S. 148 on 1.9.90: Government Gazette 25.7.90
p. 2216
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Magistrates' Court (Consequential Amendments) Act 1989 ,
No. 57/1989
Assent Date:
14.6.89
Commencement Date:
S. 3(Sch. items 223.1–223.7) on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Legal Practice Act 1996,
No. 35/1996
Assent Date:
6.11.96
Commencement Date:
S. 453(Sch. 1 item 90) on 1.1.97: s. 2(4)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Printers and Newspapers (Repeal) Act 1998, No.
56/1998
Assent Date:
13.10.98
Commencement Date:
S. 4 on 19.11.98: Government Gazette 19.11.98
p. 2792
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs (Amendment) Act 2000, No.
75/2000
Assent Date:
21.11.00
Commencement Date:
21.11.00: s. 2
Current State:
All of Act in operation
Wrongs and Other Acts (Public Liability Insurance Reform)
Act 2002, No. 49/2002
Assent Date:
22.10.02
Commencement Date:
Ss 3–7, 9 , 10 on 23.10.02: s. 2(1) ; s. 8 on 14.2.03:
Government Gazette 13.2.03 p. 244; s. 11 on 15.3.03: Government Gazette 13.3.03
p. 419
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs and Limitation of Actions Acts (Insurance Reform)
Act 2003, No. 60/2003 (as amended by No. 102/2003)
Assent Date:
16.6.03
Commencement Date:
Ss 4 –10 on 21.5.03: s. 2(1) ; s. 3 on 1.1.04:
Government Gazette 18.12.03 p. 3208
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs and Other Acts (Law of Negligence) Act 2003,
No. 102/2003
Wrongs (Remarriage Discount) Act 2004,
No. 6/2004
Assent Date:
27.4.04
Commencement Date:
28.4.04: s. 2
Current State:
All of Act in operation
Public Administration Act 2004 ,
No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 237) on 5.4.05: Government
Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Victoria State Emergency Service Act 2005 , No.
51/2005
Assent Date:
24.8.05
Commencement Date:
S. 58(10) –(14) on 1.11.05: Government Gazette 20.10.05
p. 2308
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Defamation Act 2005 , No. 75/2005
Assent Date:
2.11.05
Commencement Date:
S. 49(Sch. 4 item 3) on 1.1.06: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Health Professions Registration Act 2005, No.
97/2005
Assent Date:
7.12.05
Commencement Date:
S. 182(Sch. 4 item 55) on 1.7.07:
s. 2(3)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Education and Training Reform Act 2006 , No.
24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 49) on 1.7.07: Government Gazette
28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Accident Compensation and Other Legislation (Amendment)
Act 2006, No. 41/2006
Assent Date:
25.7.06
Commencement Date:
S. 48 on 26.7.06: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Relationships Act 2008 , No. 12/2008
Asbestos Diseases Compensation Act 2008 ,
No. 69/2008
Assent Date:
25.11.08
Commencement Date:
Ss 12, 13 on 26.11.08: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Coroners Act 2008 , No. 77/2008
Assent Date:
11.12.08
Commencement Date:
S. 129(Sch. 2 item 26) on 1.11.09: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Relationships Amendment (Caring Relationships) Act 2009,
No. 4/2009
Assent Date:
10.2.09
Commencement Date:
S. 37(Sch. 1 item 30) on 1.12.09:
s. 2(2)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Criminal Procedure Act 2009 , No. 7/2009 (as
amended by No. 68/2009)
Assent Date:
10.3.09
Commencement Date:
S. 435(2) on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Criminal Procedure Amendment (Consequential and
Transitional Provisions) Act 2009, No. 68/2009
Assent Date:
24.11.09
Commencement Date:
S. 97(Sch. item 137) on 1.1.10: Government Gazette 10.12.09
p. 3215
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Statute Law Amendment (Evidence Consequential Provisions)
Act 2009, No. 69/2009
Assent Date:
24.11.09
Commencement Date:
S. 54(Sch. Pt 2 item 59) on 1.1.10:
s. 2(2)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Statute Law Amendment (National Health Practitioner
Regulation) Act 2010, No. 13/2010
Assent Date:
30.3.10
Commencement Date:
S. 51(Sch. item 62) on 1.7.10: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Equal Opportunity Act 2010 ,
No. 16/2010
Assent Date:
27.4.10
Commencement Date:
S. 209(Sch. item 11) on 1.8.11:
s. 2(4)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Fair Trading Amendment (Australian Consumer Law) Act
2010 , No. 72/2010
Assent Date:
19.10.10
Commencement Date:
S. 48(Sch. item 25) on 1.1.11: Special Gazette
(No. 502) 20.12.10 p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Transport Accident and Accident Compensation Legislation
Amendment Act 2010, No. 80/2010
Assent Date:
19.10.10
Commencement Date:
S. 160 on 20.10.10: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Business Names (Commonwealth Powers) Act 2011 ,
No. 79/2011
Assent Date:
21.12.11
Commencement Date:
S. 41 on 28.5.12: Special Gazette (No. 151) 8.5.12
p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Associations Incorporation Reform Act 2012 , No.
20/2012
Assent Date:
1.5.12
Commencement Date:
S. 226(Sch. 5 item 27) on 26.11.12: Special Gazette (No.
384) 20.11.12 p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Health Professions Registration (Repeal) Act 2012, No.
27/2012
Assent Date:
29.5.12
Commencement Date:
S. 30 on 1.7.12: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Open Courts Act 2013 , No. 58/2013
Assent Date:
22.10.13
Commencement Date:
Ss 65 , 66 on 1.12.13: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Workplace Injury Rehabilitation and Compensation Act
2013 , No. 67/2013
Assent Date:
12.11.13
Commencement Date:
S. 649(Sch. 9 item 36) on 1.7.14:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Treasury Legislation and Other Acts Amendment Act 2014,
No. 44/2014
Assent Date:
27.6.14
Commencement Date:
S. 33(Sch. item 34) on 30.6.14: s. 2(5)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Inquiries Act 2014 , No. 67/2014
Assent Date:
23.9.14
Commencement Date:
S. 147(Sch. 2 item 47) on 15.10.14: Special Gazette
(No. 364) 14.10.14 p. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs Amendment (Asbestos Related Claims) Act 2015,
No. 2/2015
Assent Date:
10.3.15
Commencement Date:
Ss 3–5 on 11.3.15: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs Amendment (Prisoner Related Compensation) Act
2015, No. 22/2015
Assent Date:
16.6.15
Commencement Date:
S. 3 on 17.6.15: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs Amendment Act 2015,
No. 62/2015
Assent Date:
18.11.15
Commencement Date:
Ss 4 –13 on 19.11.15: s. 2
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Wrongs Amendment (Organisational Child Abuse) Act 2017,
No. 12/2017
Assent Date:
27.3.17
Commencement Date:
S. 3 on 1.7.17: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Justice Legislation Amendment (Court Security, Juries and
Other Matters) Act 2017, No. 38/2017
Assent Date:
29.8.17
Commencement Date:
S. 98 on 30.8.17: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Legal Identity of Defendants (Organisational Child Abuse)
Act 2018 , No. 18/2018
Assent Date:
5.6.18
Commencement Date:
S. 19 on 1.7.18: Special Gazette (No. 305) 26.6.18
p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Serious Offenders Act 2018 , No.
27/2018
Assent Date:
26.6.18
Commencement Date:
Ss 351(Sch. 4 cl. 24), 370 on 3.9.18: Special
Gazette (No. 356) 31.7.18 p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Local Government Act 2020 ,
No. 9/2020
Assent Date:
24.3.20
Commencement Date:
S. 390(Sch. 1 item 114) on 6.4.20: Special Gazette (No.
150) 24.3.20 p. 1
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
Justice Legislation Amendment Act 2023,
No. 26/2023
Assent Date:
10.10.23
Commencement Date:
Ss 68 –72 on 11.10.23: s. 2(1)
Current State:
This information relates only to the provision/s amending
the Wrongs Act 1958
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 15 (Repealed ):
Sections 7 and 8 of the Wrongs (Dependants) Act 1982 , No. 9856/1982
reads as follows:
7 Transitional provisions
(1) The Principal Act as amended by this Act shall apply only to causes of
actions which accrue after the commencement of this Act.
(2) The Principal Act as in force immediately before the commencement of
this Act shall continue to apply to actions which accrued on or before the
commencement of this Act.
8 Transitional provisions
Where a cause of action survives for the benefit of the estate of a
deceased person by reason of the operation of section 29 of the
Administration and Probate Act 1958 and where proceedings in respect of
that cause of action have been instituted at the date of the coming into
operation of this Act whereby damages are being claimed for the loss of future
probable earnings of the deceased person after the date of his death and where
by reason of the coming into operation of the Administration and Probate
(Survival of Actions) Act 1982 the right to recover those damages is
removed, a person—
(a) who would have been entitled to share in those damages had that action
been successful; and
(b) who would, if the deceased person had died after the coming into
operation of this Act, be entitled to bring an action under Part III of the
Wrongs Act 1958 but who would not have been entitled to bring such an
action before the coming into operation of this Act—
shall be entitled to bring an action under that Part (notwithstanding
section 20(1) of the Wrongs Act 1958 ) as if the deceased person had
died on the day upon which this Act comes into operation.
[2] S. 17: See note 1.
[3] S. 24: See note 1.
[4] Ss 24(4A):
S. 24(4A) inserted by No. 8330 s. 3(1)(a), repealed by No. 10227
s. 8(c)(i).
[5] Ss 24(6):
S. 24(6) substituted by No. 8330 s. 3(1)(b), amended by No. 9856
s. 5(b), repealed by No. 10227 s. 8(c)(i).
[6] S. 26: See note 1.