Queensland Consolidated Acts

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CIVIL LIABILITY ACT 2003

- As at 1 July 2016
- Act 16 of 2003

TABLE OF PROVISIONS

           Long Title

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

   8.      Definitions

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

   13.     Meaning of obvious risk
   14.     Persons suffering harm presumed to be aware of obvious risks
   15.     No proactive duty to warn of obvious risk
   16.     No liability for materialisation of inherent 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 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

   50.     Application of ch 3
   51.     Definitions for ch 3

   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
   86.     (Repealed)
           SCHEDULE 2


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