CIVIL LIABILITY ACT 2002
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 3A Damages excluded from Act
- 4 Varying amounts to reflect award rate changes
- 4A Limited contracting out
- 5 Act binds Crown
PART 1A -- Liability for harm caused by the fault of a person
Division 1 -- Preliminary
Division 2 -- Duty of care
Division 3 -- Causation
- 5C General principles
- 5D Onus of proof
Division 4 -- Recreational activities
- 5E Terms used
- 5F Term used: obvious risk
- 5G Application of Division
- 5H No liability for harm from obvious risks of dangerous recreational activities
- 5I No liability for recreational activity where risk warning
- 5J Waiver of contractual duty of care for recreational activities
Division 5 -- Contributory negligence
- 5K Standard of contributory negligence
- 5L Presumption if person who suffers harm is intoxicated
Division 6 -- Assumption of risk
- 5M Term used: obvious risk
- 5N Injured person presumed to be aware of obvious risk
- 5O No duty to warn of obvious risk
- 5P No liability for harm from inherent risk
Division 7 -- Professional negligence
- 5PA Term used: health professional
- 5PB Standard of care for health professionals
PART 1B -- Mental harm
- 5Q Terms used
- 5R Application of Part
- 5S Mental harm: duty of care
- 5T Liability for pecuniary loss for consequential mental harm
PART 1C -- Liability relating to public function
- 5U Terms used
- 5V Application of Part
- 5W Principles concerning resources, responsibilities etc. of public body or officer
- 5X Policy defence
- 5Y Proceedings against public body or officer based on breach of statutory duty
- 5Z Special protection for road authorities
- 5AA Exercise of function or decision to exercise does not create duty
PART 1CA -- Liability relating to emergency medical assistance given to enrolled children
- 5AAA Terms used
- 5AAB Application of this Part
- 5AAC Protection of staff members
- 5AAD Exclusion from protection
PART 1D -- Good samaritans
- 5AB Terms used
- 5AC Application of this Part
- 5AD Protection of good samaritans
- 5AE Exclusion from protection
PART 1E -- Apologies
- 5AF Term used: apology
- 5AG Application of this Part
- 5AH Effect of apology on liability
PART 1F -- Proportionate liability
- 5AI Terms used
- 5AJ Application of Part
- 5AJA Certain concurrent wrongdoers not to have benefit of apportionment
- 5AK Proportionate liability for apportionable claims
- 5AKA Duty of defendant to inform plaintiff about concurrent wrongdoers
- 5AL Contribution not recoverable from defendant
- 5AM Subsequent actions
- 5AN Joining non-party concurrent wrongdoers in action
- 5AO Part does not prevent other liability or operation of other Act
PART 2 -- Awards of personal injury damages
Division 1 -- Preliminary
- 6 Application of this PART
- 7 Court awards constrained
- 8 Act does not give rise to any cause of action
Division 2 -- Damages for non-pecuniary loss (general damages)
- 9 Restrictions on damages for non-pecuniary loss (general damages)
- 10 Amount A and Amount C
- 10A Tariffs for damages for non-pecuniary loss
Division 3 -- Fixing damages for pecuniary loss
- 11 Damages for loss of earnings
- 12 Damages for provision of home care services
- 13 Amount B
- 13A Restrictions on damages if payments received under CISS
Division 4 -- Structured settlements
- 14 Term used: structured settlement
- 15 Consent order for structured settlement
PART 2A -- Child sexual abuse actions
Division 1 -- Preliminary
Division 2 -- Liability of certain office holders and institutions, and availability of assets
- 15B Liability of current office holder in unincorporated institution
- 15C Assets available for judgments and settlements: office holders
- 15D Liability of incorporated institution that was unincorporated at time of abuse
- 15E Assets available for judgments and settlements: institutions
- 15F Continuity of institutions: institution substantially the same
- 15G Continuity of institutions: no institution the same or substantially the same
- 15H Continuity of offices
- 15I Accrual of certain child sexual abuse causes of action
- 15J Displacement of Corporations legislation
Division 3 -- Prior compensation payments
- 15K Prior compensation payments taken into account
Division 4 -- Caps on legal fees
Division 5 -- Review of Part 2A
PART 3 -- Advertising legal services relating to personal injury and touting
- 16 Terms used
- 17 Restriction on advertising legal services relating to personal injury
- 18 Allowed publication
- 19 Prohibition on touting at scene of incidents or at any time
- 20 Prohibition against paying, or seeking payment, for touting
- 21 Consequences if person approved under an Act is convicted under s. 19 or
PART 4 -- Other matters
- 22 Regulations
Uncommenced provisions table
Defined terms