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