AustLII Tasmanian Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]


- Act 54 of 2002
- Royal Assent 19 December 2002


           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
   7.      Effect of apology on liability

   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
   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

   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

           Division 4 - Proceedings against unincorporated organisations

   49K.    Objects of Division
   49L.    Definitions
   49M.    Child abuse proceedings may be commenced against unincorporated
   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
   49S.    Rules of court

   PART 11 - Miscellaneous

   50.     Regulations

[ Note: This table has been automatically generated and may be incomplete. ]

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]