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CIVIL LIABILITY ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Dictionary


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

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

"a professional" see section 20 .

"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.

"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 .

"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.

"duty" means—
(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).

"duty of care" means a duty to take reasonable care or to exercise reasonable skill (or both duties).

"expression of regret" see section 71 .

"food donor" , for chapter 2, part 3, division 2, see section 38A (1) .

"function" , for chapter 2, part 3, division 1, see section 34 .

"future loss" means all or any of the following—
(a) future economic loss;
(b) future general expenses;
(c) future medical expenses.

"general damages" , for chapter 3, see section 51 .

"harm" means harm of any kind, including the following—
(a) personal injury;
(b) damage to property;
(c) economic loss.

"injury" , for chapter 3, see section 51 .

"injury scale value" see section 61 (1) (a) .

"insurance agency" , for chapter 3, part 2A, see section 52A.

"insurance scheme" , for chapter 3, part 2A, see section 52A.

"intoxicated" , in relation to a person, means that the person is under the influence of alcohol or a drug to the extent that the person’s capacity to exercise proper care and skill is impaired.

"liability" , for chapter 4, part 1, see section 69 .

"loss of earnings" means—
(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.

"motor accident" , for chapter 3, part 2A, see section 52A.

"motor vehicle" means a vehicle for which registration is required under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 and includes a trailer.

"National Injury Act" , for chapter 3, part 2A, see section 52A.

"obvious risk"
(a) for chapter 2, part 1, division 3, see section 13 ; and
(b) chapter 2, part 1, division 4, see section 18 .

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

"personal injury" includes—
(a) fatal injury; and
(b) pre-natal injury; and
(c) psychological or psychiatric injury; and
(d) disease.

"personal injury damages" means damages that relate to the death of or injury to a person.

"person in distress" , for chapter 2, part 1, division 7, see section 25 .

"possession" , for chapter 2, part 3, division 2, see section 38 (1) .

"public or other authority" , for chapter 2, part 3, division 1, see section 34 .

"section 59A damages" see section 59A (1) .

"serious personal injury" , for chapter 3, part 2A, see section 52A.

"structured settlement" , for chapter 3, part 4, see section 63 .

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

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



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