41—Standard of care for professionals
(1) A person who
provides a professional service incurs no liability in negligence arising from
the service if it is established that the provider acted in a manner that (at
the time the service was provided) was widely accepted in Australia by members
of the same profession as competent professional practice.
professional opinion cannot be relied on for the purposes of this section if
the court considers that the opinion is irrational.
(3) The fact that
there are differing professional opinions widely accepted in Australia by
members of the same profession does not prevent any one or more (or all) of
those opinions being relied on for the purposes of this section.
opinion does not have to be universally accepted to be considered widely
(5) This section does
not apply to liability arising in connection with the giving of (or the
failure to give) a warning, advice or other information in respect of a risk
of death of or injury associated with the provision of a health care service.