AustLII Tasmanian Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 22

Standard of care for professionals

(1)  A person practising a profession ( "a professional" ) does not breach a duty arising from the provision of a professional service if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice.
(2)  Peer professional opinion cannot be relied on for the purpose of this section if the court considers that the opinion is irrational.
(3)  The fact that there are differing peer professional opinions widely accepted in Australia concerning a matter does not prevent any one or more (or all) of those opinions being relied on for the purpose of subsection (1) .
(4)  Peer professional opinion does not have to be universally accepted to be considered widely accepted.
(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 relation to the risk of harm associated with the provision by a professional of a professional service to a person.


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