Tasmanian Consolidated Acts
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CIVIL LIABILITY ACT 2002
- Act 54 of 2002
- Royal Assent 19 December 2002
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
3A. Provisions relating to operation of Act
3B. Civil liability excluded from Act
3C. Application of Act to non-delegable duty
4. Application of Act
4AA. Act binds Crown
PART 2 - Intoxication
4A. Application of Part 2
5. Presumption of contributory negligence where person intoxicated
PART 3 - Recovery by criminals
5A. Application of Part 3
6. Criminals not to be awarded damages
PART 4 - Apologies
6A. Application of Part 4
6B. Interpretation
7. Effect of apology on liability
7AA. Effect of apology on liability of organisation
7AB. Existing proceedings not affected
PART 5 - Structured Settlements
7A. Application of Part 5
8. Court may make consent order for structured settlement
PART 5A - Provisional Damages
8A. Application of Part 5A
8B. Provisional damages for asbestos-related conditions
PART 6 - Breach of Duty
Division 1 - Preliminary
9. Interpretation
10. Application of Part 6
Division 2 - Standard of care
11. General principles
12. Other principles
Division 3 - Causation
13. General principles
14. Onus of proof
Division 4 - Obvious risks
15. Meaning of "obvious risk"
16. Persons suffering harm presumed to be aware of obvious risks
17. No proactive duty to warn of obvious risk
Division 5 - Dangerous recreational activities
18. Application of Division
19. Interpretation
20. No liability for harm suffered from obvious risks of dangerous recreational activities
Division 6 - Professional negligence
21. Proactive and reactive duty of registered medical practitioner to warn of risk
22. Standard of care for professionals
Division 7 - Contributory negligence
23. Standard of contributory negligence
PART 7 - Assessment of Damages for Personal Injury or Death
24. Application of Part 7
25. Damages for loss of superannuation entitlements
26. Damages for loss of earning capacity
27. Restrictions on damages for non-economic loss (general damages)
28. Tariffs for damages for non-economic loss (general damages)
28A. Discount rate applicable to certain damages
28B. Damages for gratuitous services
28BA. Damages for loss of capacity to provide gratuitous services to another
28C. Abolition of awards for gratuitous services in respect of claims under Motor Accidents (Liabilities and Compensation) Act 1973
28D. Abolition of action for loss of consortium
28E. Abolition of certain actions
PART 8 - Mental Harm
29. Interpretation
30. Application of Part 8
31. Personal injury arising from mental or nervous shock
32. Limitation on recovery for pure mental harm arising from shock
33. Pure mental harm liability only for recognised psychiatric illness
34. Mental harm duty of care
35. Liability for economic loss for consequential mental harm
PART 8A - Good Samaritans
35A. Application of Part
35B. Protection of good samaritans
35C. Exclusion from protection
PART 8B - Food Donors
35D. Interpretation
35E. Application of Part
35F. Protection of food donors
PART 9 - Liability of Public and Other Authorities
36. Application of Part 9
37. Interpretation
38. Principles concerning resources, responsibilities, &c., of public or other authorities
39. No duty of care for recreational activity where risk warning
40. Proceedings against public or other authorities based on breach of statutory duty
41. When public or other authority not liable for failure to exercise regulatory functions
42. Special non-feasance protection for failure to carry out road work
43. Exercise of function or decision to exercise does not create duty
PART 9A - Proportionate Liability
43A. Application of Part 9A
43B. Proportionate liability for apportionable claims
43C. Contribution not recoverable from defendant
43D. Duty of defendant to inform plaintiff about concurrent wrongdoers
43E. Subsequent actions
43F. Joining non-party concurrent wrongdoer in action
43G. This Part does not prevent certain liability, &c.
PART 10 - Volunteers
44. Interpretation
45. Meaning of "volunteer"
46. Application of Part 10
47. Protection of volunteers from liability
48. Liability of community organisations
49. Certain indemnities, &c., have no effect
PART 10A - Accommodation provider
49A. Liability of accommodation provider for lost, destroyed or damaged property
PART 10B - Rights between employer and employee
49B. Employee not liable where employer also liable
PART 10C - Child Abuse Liability of Organisations
Division 1 - Preliminary
49C. Interpretation of Part 10C
49D. Application of Part
49E. Successor organisations
Division 2 - Duty of organisations to prevent child abuse
49F. Organisations responsible for children
49G. Individuals associated with organisations
49H. Liability of organisation for child abuse by associated individuals
Division 3 - Vicarious liability of organisations
49I. Employees include persons exercising functions akin to employees
49J. Organisations vicariously liable for child abuse perpetrated by employees
Division 4 - Proceedings against unincorporated organisations
49K. Objects of Division
49L. Definitions
49M. Child abuse proceedings may be commenced against unincorporated organisation
49N. Unincorporated organisation may appoint proper defendant
49O. Entities suitable to be appointed as proper defendant
49P. Court may appoint proper defendant
49Q. Effect of appointment of proper defendant
49R. Special provisions applying when trustees of associated trust appointed
49S. Rules of court
PART 11 - Miscellaneous
50. Regulations
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