Western Australian Consolidated Acts

CIVIL LIABILITY ACT 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   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  

   5A.     Application of Part  

           Division 2 -- Duty of care  

   5B.     General principles  

           Division 3 -- Causation  

   5C.     General principles  
   5D.     Onus of proof  

           Division 4 -- Recreational activities  

   5E.     Terms used in this Division  
   5F.     Meaning of 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 in this Division  
   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 in this Division  
   5PB.    Standard of care for health professionals  

   PART 1B -- Mental harm  

   5Q.     Terms used in this Part  
   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 in this Part  
   5V.     Application of Part  
   5W.     Principles concerning resources, responsibilities etc. of a public body or officer  
   5X.     Policy defence  
   5Y.     Proceedings against public body or officer based on breach of a statutory duty  
   5Z.     Special protection for road authorities  
   5AA.    Exercise of function or decision to exercise does not create duty  

   PART 1D -- Good samaritans  

   5AB.    Terms used in this Part  
   5AC.    Application of this Part  
   5AD.    Protection of good samaritans  
   5AE.    Exclusion from protection  

   PART 1E -- Apologies  

   5AF.    Term used in this Part  
   5AG.    Application of this Part  
   5AH.    Effect of apology on liability  

   PART 1F -- Proportionate liability  

   5AI.    Terms used in this Part  
   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 the 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  

           Division 4 -- Structured settlements  

   14.     Meaning of “structured settlement”  
   15.     Consent order for structured settlement  

   PART 3 -- Advertising legal services relating to personal injury and touting  

   16.     Terms used in this Part  
   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 section 19 or 20  

   PART 4 -- Other matters  

   22.     Regulations  
           Compilation table