CIVIL LIABILITY ACT 2003 - SCHEDULE 2

CIVIL LIABILITY ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"abuse" , of a child, for chapter 2 , part 2A , see section 33A .


"abuse claim" , for chapter 2 , part 2A , see section 33A .


"apology" , for chapter 4 , part 1A , see section 72C .


"apportionable claim" , for chapter 2 , part 2 , see section 29 .


"a professional" see section 20 .


"associated trust" , of an institution, for chapter 2 , part 2A , see section 33B .


"associated with" , an institution, for chapter 2 , part 2A , see section 33C .


"average weekly earnings" , for a financial year, means the amount of Queensland full-time adult persons ordinary time earnings declared by the Australian Statistician in the original series of the statistician’s average weekly earnings publication most recently published before the start of the financial year.


"child protection order" means a child protection order under the Child Protection Act 1999 .


"claim" means a claim, however described, for damages based on a liability for personal injury, damage to property or economic loss, whether that liability is based in tort or contract or in or on another form of action, including breach of statutory duty and, for a fatal injury, includes a claim for the deceased’s dependants or estate.


"community organisation" , for chapter 2 , part 3 , division 2 , see section 38 .


"community work" , for chapter 2 , part 3 , division 2 , see section 38 .


"consumer" , for chapter 2 , part 2 , see section 29 .


"contributory negligence" see the Law Reform Act 1995 , section 10 .


"court" , for chapter 2 , part 2 , see section 29 .


"current office holder" , for chapter 2 , part 2A , see section 33G (2) .


"damages" includes any form of monetary compensation.


"dangerous recreational activity" , for chapter 2 , part 1 , division 4 , see section 18 .


"defendant" , for chapter 2 , part 2 , see section 29 .


"dependency claim" means a claim in relation to a fatal injury brought on behalf of a deceased’s dependants or estate.


"dust-related condition" means—

(a) any of the following diseases—

• aluminosis

• asbestos induced carcinoma

• asbestosis

• asbestos related pleural diseases

• bagassosis

• berylliosis

• byssinosis

• coal dust pneumoconiosis

• farmers’ lung

• hard metal pneumoconiosis

• mesothelioma

• silicosis

• silicotuberculosis

• talcosis; or

(b) any other pathological condition of the lung, pleura or peritoneum that is attributable to dust.

(a) a duty of care in tort; or

(b) a duty of care under contract that is concurrent and coextensive with a duty of care in tort; or

(c) another duty under statute or otherwise that is concurrent with a duty of care mentioned in paragraph (a) or (b) .

(a) future economic loss;

(b) future general expenses;

(c) future medical expenses.

(a) personal injury;

(b) damage to property;

(c) economic loss.

(a) past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and

(b) future economic loss due to loss of prospective earnings or the deprivation or impairment of prospective earning capacity.

(a) for chapter 2 , part 1 , division 3 , see section 13 ; and

(b) chapter 2 , part 1 , division 4 , see section 18 .

(a) fatal injury; and

(b) pre-natal injury; and

(c) psychological or psychiatric injury; and

(d) disease.