Queensland Consolidated Acts

CIVIL LIABILITY ACT 2003 - SECT 33O

33O Continuity of institutions

(1) For this part, an institution (the
"current institution" ) is taken to be the same institution as the institution that breached its duty under section 33D or was an institution mentioned in section 33F (1) (a) or 33G (1) (a) (the
"old institution" ) if it is substantially the same as it was when the relevant cause of action accrued, even if—

(a) its name has changed; or

(b) its organisational structure has changed; or

(c) it has become incorporated; or

(d) its functions or activities are carried out at a different place.

(2) Without limiting subsection (1) , the current institution is taken to be substantially the same as it was when the relevant cause of action accrued if the type of member, and its primary purposes or functions, are substantially the same as they were at that time.

(3) If there is no institution that is the same institution, or substantially the same institution, as the old institution, a relevant successor of the old institution is taken to be the same institution as the old institution.

(4) For subsection (3) , an institution (also the
"current institution" ) is a relevant successor of the old institution if—

(a) all or part of the old institution merged into the current institution; or

(b) all or part of the old institution merged with 1 or more other entities to form the current institution; or

(c) the current institution is the remainder of the old institution after part of the old institution ceased to be part of the old institution; or

(d) in a case in which there is at least 1 institution interposed, over time, between the old institution and the current institution—at least 1 of the following circumstances applies to each link in the chain between the old institution and the current institution—

(i) all or part of an earlier institution merged into another institution;

(ii) all or part of an earlier institution merged with 1 or more other entities to form another institution;

(iii) an institution is the remainder of an earlier institution after part of the earlier institution ceased to be part of the earlier institution;

(iv) an institution as it is at a particular time is substantially the same as it was at an earlier time; or

(e) the current institution is prescribed by regulation to be the relevant successor of the old institution.

(5) The Minister may recommend to the Governor in Council the making of a regulation under subsection (4) (e) only if satisfied that—

(a) the current institution has a relevant connection to the old institution; or

(b) the head of the current institution has agreed to the current institution being the relevant successor of the old institution for this section.