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CIVIL LIABILITY ACT 2003 - As at 1 July 2024 - Act 16 of 2003

- As at 1 July 2024 - Act 16 of 2003

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement
  • 3 Notes in text

PART 2 - APPLICATION OF ACT

  • 4 Application of Act
  • 5 Civil liability excluded from Act
  • 6 Act binds all persons
  • 7 Provisions relating to operation of Act

PART 3 - INTERPRETATION

CHAPTER 2 - CIVIL LIABILITY FOR HARM

PART 1 - BREACH OF DUTY

Division 1 - General standard of care

  • 9 General principles
  • 10 Other principles

Division 2 - Causation

  • 11 General principles
  • 12 Onus of proof

Division 3 - Assumption of risk

Division 4 - Dangerous recreational activities

  • 17 Application of div 4
  • 18 Definitions for div 4
  • 19 No liability for personal injury suffered from obvious risks of dangerous recreational activities

Division 5 - Duty of professionals

  • 20 Definition for div 5
  • 21 Proactive and reactive duty of doctor to warn of risk
  • 22 Standard of care for professionals

Division 6 - Contributory negligence

  • 23 Standard of care in relation to contributory negligence
  • 24 Contributory negligence can defeat claim

Division 7 - Enhancement of public safety

  • 25 Definition for div 7
  • 26 Protection of persons performing duties for entities to enhance public safety
  • 27 Protection of prescribed entities performing duties to enhance public safety

PART 2 - PROPORTIONATE LIABILITY

  • 28 Application of pt 2
  • 29 Definitions for pt 2
  • 30 Who is a concurrent wrongdoer
  • 31 Proportionate liability for apportionable claims
  • 32 Onus of parties to identify all relevant parties
  • 32A Contribution not recoverable from concurrent wrongdoer
  • 32B Subsequent actions
  • 32C Joining non-party concurrent wrongdoer in the action
  • 32D What if a concurrent wrongdoer is fraudulent
  • 32E What if a concurrent wrongdoer intends to cause loss or damage
  • 32F What if a concurrent wrongdoer is proved to have engaged in misleading or deceptive conduct under the Fair Trading Act
  • 32G Liability for contributory negligence not affected
  • 32H Concurrent wrongdoer may seek contribution from person not a party to the original proceeding
  • 32I Part not to affect other liability
  • 33 Court may give directions

PART 2A - LIABILITY OF INSTITUTIONS FOR CHILD ABUSE

Division 1 - Preliminary

  • 33A Definitions for part
  • 33B Meaning of associated trust
  • 33C When is a person associated with an institution

Division 2 - Duty of institutions

  • 33D Duty to prevent child abuse
  • 33E Proof of whether duty was breached

Division 3 - Liability of particular institutions and office holders

  • 33F Liability of incorporated institution that was unincorporated at time of abuse
  • 33G Liability of current office holder of unincorporated institution
  • 33H Claim against unincorporated institution and nomination of appropriate defendant
  • 33I Proceeding against nominee of unincorporated institution

Division 4 - Satisfaction of liability

  • 33J Assets available to satisfy liability of institution
  • 33K Assets available to satisfy liability of nominee
  • 33L Assets available to satisfy liability of current office holder
  • 33M Satisfaction of liability by trustee of associated trust
  • 33MA References to liability

Division 5 - Miscellaneous

  • 33N Entities may act despite other laws and duties
  • 33O Continuity of institutions
  • 33P Continuity of offices
  • 33Q Corporations Act displacement

PART 3 - LIABILITY OF PUBLIC AND OTHER AUTHORITIES AND VOLUNTEERS

Division 1 - Public and other authorities

  • 34 Definitions for div 1
  • 35 Principles concerning resources, responsibilities etc. of public or other authorities
  • 36 Proceedings against public or other authorities based on breach of statutory duty
  • 37 Restriction on liability of public or other authorities with functions of road authorities

Division 2 - Food donors and volunteers

Subdivision 1 - Interpretation
  • 38 Interpretation
  • Subdivision 2 - Food donors
  • 38A Protection of food donors
  • 38B Liability not excluded if insurance required
  • 38C Liability not excluded for motor accidents
  • Subdivision 3 - Volunteers
  • 39 Protection of volunteers
  • 40 Liability not excluded for criminal acts
  • 41 Liability of intoxicated volunteer not excluded
  • 42 Liability of volunteer not excluded if acting outside scope of activities or contrary to instructions
  • 43 Liability not excluded if insurance required
  • 44 Liability not excluded for motor accidents

PART 4 - EXCLUSION FROM CLAIMING DAMAGES BECAUSE OF PARTICULAR BEHAVIOUR

Division 1 - Criminal behaviour

  • 45 Criminals not to be awarded damages

Division 2 - Intoxication

  • 46 Effect of intoxication on duty and standard of care
  • 47 Presumption of contributory negligence if person who suffers harm is intoxicated
  • 48 Presumption of contributory negligence if person who suffers harm relies on care and skill of person known to be intoxicated
  • 49 Additional presumption for motor vehicle accident

PART 5 - AWARDS FOR ECONOMIC LOSS FOLLOWING STERILISATION PROCEDURE OR CONTRACEPTIVE PROCEDURE OR ADVICE

  • 49A Failed sterilisation procedures
  • 49B Failed contraceptive procedure or contraceptive advice

CHAPTER 3 - ASSESSMENT OF DAMAGES FOR PERSONAL INJURY

PART 1 - PRELIMINARY

PART 2 - EXEMPLARY AND SIMILAR DAMAGES

  • 52 Exemplary, punitive or aggravated damages can not be awarded

PART 2A - PARTICIPANTS IN NATIONAL INJURY INSURANCE SCHEME, QUEENSLAND

  • 52A Definitions for part
  • 52B Restriction on damages for participants in insurance scheme
  • 52C Damages if insurance agency is liable to contribute

PART 3 - ASSESSMENT OF DAMAGES

  • 53 Notice requiring mitigation of damages
  • 54 Damages for loss of earnings
  • 55 When earnings can not be precisely calculated
  • 56 Damages for loss of superannuation entitlements
  • 57 Discount rate for calculating present value of future loss or gratuitous services
  • 58 Damages for loss of consortium or loss of servitium
  • 59 Damages for gratuitous services provided to an injured person
  • 59A Damages for gratuitous domestic services provided by an injured person
  • 59B Circumstances in which section 59A damages can not be awarded
  • 59C Provisions for assessment of section 59A damages
  • 59D Restriction on damages if section 59A damages already recovered
  • 60 Interest
  • 61 Assessment by court of injury scale
  • 62 Calculation of general damages

PART 4 - STRUCTURED SETTLEMENTS

  • 63 Definition for pt 4
  • 64 Court required to inform parties of proposed award
  • 65 Court may make consent order for structured settlement
  • 66 Obligation of legal practitioners to provide advice
  • 67 Offer of structured settlement—legal costs

CHAPTER 4 - MISCELLANEOUS

PART 1 - EXPRESSIONS OF REGRET

  • 68 Application of pt 1
  • 69 Definition for pt 1
  • 70 Purpose of pt 1
  • 71 Meaning of expression of regret
  • 72 Expressions of regret are inadmissible

PART 1A - APOLOGIES

  • 72A Application of pt 1A
  • 72B Purpose of pt 1A
  • 72C Meaning of apology
  • 72D Effect of apology on liability

PART 2 - JURY TRIALS

  • 73 Exclusion of jury trial

PART 3 - GENERAL

  • 74 Regulation-making power
  • 75 Indexation of particular amounts

CHAPTER 5 - TRANSITIONAL AND OTHER PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 16 OF 2003

  • 76 Prescribed entities for ss 26 and 27
  • 77 Jury trials
  • 78. (Repealed)

PART 2 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2004

  • 79 Food donations
  • 80 Injuries under the Workers’ Compensation and Rehabilitation Act 2003

PART 3 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY (DUST DISEASES) AND OTHER LEGISLATION AMENDMENT ACT 2005

  • 81 Awards of damages for loss of earnings

PART 4 - DECLARATION ABOUT COMMENCEMENT OF CHAPTER 2, PART 2

  • 82 Commencement of ch 2, pt 2

PART 5 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND CIVIL LIABILITY AMENDMENT ACT 2007

  • 83 Personal injury to which the amended s 5 extends as a result of the amendment

PART 6 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2008, PART 5

  • 84 Persons donating food

PART 7 - TRANSITIONAL PROVISIONS FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2010

  • 85 Retrospective effect of section 59A damages provisions for dust-related claims only

PART 8 - TRANSITIONAL PROVISION FOR CIVIL LIABILITY AND OTHER LEGISLATION AMENDMENT ACT 2019

  • 86 Application of ch 2, pt 2A

PART 9 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023

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