{"id":"C1963A00074","name":"Air Accidents (Commonwealth Government Liability) Act 1963","slug":"air-accidents-commonwealth-government-liability-act-1963","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"74 of 1963","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1785,"registerId":"C2021C00232","compilationNumber":"9","startDate":"2021-06-17","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 1, 2) of the [Aviation Legislation Amendment (Liability and Insurance) Act 2020](/C2020A00148)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Aviation Legislation Amendment (Liability and Insurance) Act 2020","year":2020,"number":148,"titleId":"C2020A00148","provisions":"sch 1 (items 1, 2)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2021-06-21T11:46:02.003Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Air Accidents (Commonwealth Government Liability) Act 1963.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> aircraft crew member means a person who performs functions as a member of the crew of an aircraft.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> Commonwealth authority means an authority of the Commonwealth, and includes a body corporate that is incorporated for a public purpose by a law of a Territory and is declared by the regulations to be a body corporate in relation to which this Act applies.\n\n> damages includes an amount received under a compromise or settlement of a claim for damages, whether legal proceedings had been instituted or not.\n\n> passenger, in relation to an aircraft, means any person lawfully entitled to be on board the aircraft other than a person who:\n\n    (a) is employed, as an aircraft pilot or aircraft crew member, by:\n    (i) a Commonwealth authority; or\n    (ii) a corporation;\n    that operates commercial transport operations; and\n    (b) is on board the aircraft for the purpose of performing functions as a pilot, or as another member of the crew, of the aircraft.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Operation of Act","content":"#### 5 Operation of Act\n\n  This Act applies both within and outside the Commonwealth and extends to all the Territories.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Carriage in aircraft operated by the Commonwealth or a Commonwealth authority","content":"## Part II—Carriage in aircraft operated by the Commonwealth or a Commonwealth authority","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application of Part","content":"#### 6 Application of Part\n\n  (1) This Part applies to the carriage of a passenger in an aircraft operated by the Commonwealth or a Commonwealth authority, not being carriage to which Part IV of the Civil Aviation (Carriers’ Liability) Act 1959 applies.\n  (2) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Veterans’ Entitlements Act 1986 (other than Part IV).","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application of certain provisions of Civil Aviation (Carriers’ Liability) Act 1959","content":"#### 7 Application of certain provisions of Civil Aviation (Carriers’ Liability) Act 1959\n\n  Subject to this Part, the following provisions of the Civil Aviation (Carriers’ Liability) Act 1959, namely, section 28, subsection 32(1), sections 33 and 34, section 35 (other than subsection (2)) and sections 37 to 39 (inclusive) apply to and in relation to carriage to which this Part applies as if those provisions were incorporated in this Part and as if:\n    (a) references in those provisions to a carrier or the carrier were references to the Commonwealth or the Commonwealth authority by which the aircraft was being operated, as the case requires;\n    (b) references in those provisions to Australia included references to the Territories; and\n    (c) the reference in section 33 of that Act to section 31 of that Act were a reference to section 8 of this Act.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Limitation of amount recoverable under this Part","content":"#### 8 Limitation of amount recoverable under this Part\n\n  (1) The maximum liability of the Commonwealth or a Commonwealth authority under this Part in respect of any one person, by reason of his or her death or injury resulting from an accident, is:\n    (a) the amount applicable under subsection 31(1AA) of the Civil Aviation (Carriers’ Liability) Act 1959, unless paragraph (b) applies; or\n    (b) if, at the date of the accident, a regulation was in force under the Civil Aviation (Carriers’ Liability) Act 1959 prescribing an amount for the purposes of paragraph 31(1)(b) of that Act and that amount is higher than the amount applicable under subsection 31(1AA) of that Act—the amount so prescribed.\n  (2) The amount of any damages recoverable but for this subsection by a person from the Commonwealth or a Commonwealth authority by virtue of this Part in respect of a death or injury shall be reduced by any amount received or receivable by that person in consequence of the death or injury by reason of:\n    (a) insurance effected for the benefit of the deceased or injured person or his or her estate by the Commonwealth or the Commonwealth authority; or\n    (b) insurance effected by the deceased or injured person that is referable to an allowance granted by the Commonwealth or the Commonwealth authority for the purpose of enabling him or her to effect such insurance.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Liability under this Part to be in substitution for certain other liabilities","content":"#### 9 Liability under this Part to be in substitution for certain other liabilities\n\n  (1) Subject to the provisions of section 37 of the Civil Aviation (Carriers’ Liability) Act 1959, in its application by virtue of this Part, the liability of the Commonwealth or a Commonwealth authority under this Part in respect of the death of a passenger, or personal injury to a passenger that has not resulted in his or her death, is in substitution for any other civil liability of the Commonwealth or the Commonwealth authority in respect of that death or injury other than:\n    (a) a liability under Part IA, Part II or Part III of the Civil Aviation (Carriers’ Liability) Act 1959; or\n    (b) a liability arising otherwise than by reason of the operation of the aircraft by the Commonwealth or the Commonwealth authority.\n  (2) Notwithstanding anything contained in Part IA, Part II or Part III of the Civil Aviation (Carriers’ Liability) Act 1959, but without prejudice to the operation of section 10, any liability of the Commonwealth or a Commonwealth authority under this Part is not excluded by reason of the existence of any liability of the Commonwealth or of that Commonwealth authority under any of those Parts.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Liability of Commonwealth etc. independently of this Part","content":"#### 10 Liability of Commonwealth etc. independently of this Part\n\n  (1) Where, apart from this section, damages in respect of any death or injury are recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of a person under this Part and such damages are also recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of that person otherwise than under this Part:\n    (a) if damages are recovered otherwise than under this Part, damages are not recoverable under this Part; and\n    (b) if damages are recovered under this Part, the amount of damages recoverable otherwise than under this Part shall be reduced by the amount of the damages so recovered.\n  (2) In subsection (1), damages does not include:\n    (a) compensation under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or the Seamen’s Compensation Act 1911; or\n    (b) a pension under the Veterans’ Entitlements Act 1986.\n  (3) Nothing in this section prevents the application of:\n    (a) section Part IV of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or section 10A of the Seamen’s Compensation Act 1911; or\n    (b) section 74 of the Veterans’ Entitlements Act 1986;\n  in relation to damages recovered or recoverable under this Part.","sortOrder":10},{"sectionNumber":"Part III","sectionType":"part","heading":"Carriage in aircraft not operated by the Commonwealth or a Commonwealth authority","content":"## Part III—Carriage in aircraft not operated by the Commonwealth or a Commonwealth authority","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Application of Part","content":"#### 11 Application of Part\n\n  (1) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger being:\n    (a) a person who is:\n    (i) an employee within the meaning of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or a person to whom that Act applies as if he or she were such an employee; or\n    (ii) a seaman to whom the Seamen’s Compensation Act 1911 applies, being a seaman employed by the Commonwealth or a Commonwealth authority;\n    and is travelling in the course of his or her employment by the Commonwealth or a Commonwealth authority;\n    (b) a person the cost of whose carriage has been, or is to be, borne by the Commonwealth or a Commonwealth authority; or\n    (c) a person travelling by air for the purposes of the Commonwealth or of a Commonwealth authority in pursuance of arrangements made or authority given by the Commonwealth or the Commonwealth authority.\n  (2) This Part does not apply to carriage to which Part IV of the Civil Aviation (Carriers’ Liability) Act 1959 applies or to which any provisions of a State Act for the time being declared by the Minister by notice in the Gazette to correspond with the provisions of that Part apply.\n  (3) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Veterans’ Entitlements Act 1986 (other than Part IV).\n  (3A) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger, being a person to whom paragraph (1)(a), (b) or (c) would apply if the references in those paragraphs to the Commonwealth were references to the Australian Capital Territory and the references in those paragraphs to a Commonwealth authority were omitted.\n  (3B) For the purposes of the application of this Part in accordance with subsection (3A), the succeeding provisions of this Part have effect as if references in those provisions to the Commonwealth (other than references to a Commonwealth authority, or references to the Commonwealth in the expression whether in the Commonwealth or elsewhere) were references to the Australian Capital Territory.\n  (4) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger, being a person to whom paragraph (1)(a), (b) or (c) would apply if the references in those paragraphs to the Commonwealth were references to the Northern Territory and the references in those paragraphs to a Commonwealth authority were omitted.\n  (6) For the purposes of the application of this Part in accordance with subsection (4), the succeeding provisions of this Part have effect as if references in those provisions to the Commonwealth (other than references to a Commonwealth authority, or references to the Commonwealth in the expression whether in the Commonwealth or elsewhere) were references to the Northern Territory.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Liability of Commonwealth etc. for death or injury","content":"#### 12 Liability of Commonwealth etc. for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a person, the Commonwealth, or, if the person is employed by a Commonwealth authority or a Commonwealth authority has borne, or is to bear, the cost of his or her carriage or has arranged for or authorized his or her carriage, that Commonwealth authority, is liable for damage sustained by reason of the death of that person or any personal injury suffered by that person resulting from an accident that took place on board the aircraft or in the course of any of the operations of embarking or disembarking.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Application of certain provisions of Civil Aviation (Carriers’ Liability) Act 1959","content":"#### 13 Application of certain provisions of Civil Aviation (Carriers’ Liability) Act 1959\n\n  Subject to this Part, the following provisions of the Civil Aviation (Carriers’ Liability) Act 1959, namely, sections 34, 35 (other than subsections (2) and (10)), 38 and 39, apply to and in relation to carriage to which this Part applies as if those provisions were incorporated in this Part and as if:\n    (a) references in those provisions to a carrier were references to the Commonwealth or a Commonwealth authority; and\n    (b) references in those provisions to Australia included references to the Territories.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Limitation of amount recoverable under this Part","content":"#### 14 Limitation of amount recoverable under this Part\n\n  (1) The maximum liability of the Commonwealth or a Commonwealth authority under this Part in respect of any one person, by reason of his or her death or injury resulting from an accident, is:\n    (a) the amount applicable under subsection 31(1AA) of the Civil Aviation (Carriers’ Liability) Act 1959, unless paragraph (b) applies; or\n    (b) if, at the date of the accident, a regulation was in force under the Civil Aviation (Carriers’ Liability) Act 1959 prescribing an amount for the purposes of paragraph 31(1)(b) of that Act and that amount is higher than the amount applicable under subsection 31(1AA) of that Act—the amount so prescribed.\n  (2) The amount of any damages recoverable but for this subsection by a person from the Commonwealth or a Commonwealth authority by virtue of this Part in respect of a death or injury shall be reduced by:\n    (a) the amount of any damages or compensation paid or payable in respect of the death or injury to or for the benefit of that person by, or recovered or recoverable by or for the benefit of that person from, the carrier, an employee or agent of the carrier or any other person other than the Commonwealth or the Commonwealth authority, as the case may be; and\n    (b) any amount received or receivable by that person in consequence of the death or injury by reason of:\n    (i) insurance effected for the benefit of the deceased or injured person or his or her estate by the carrier or by the Commonwealth or the Commonwealth authority; or\n    (ii) insurance effected by the deceased or injured person that is referable to an allowance granted by the Commonwealth or the Commonwealth authority for the purpose of enabling him or her to effect such insurance.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Liability of Commonwealth etc. independently of this Part","content":"#### 15 Liability of Commonwealth etc. independently of this Part\n\n  (1) Where, apart from this section, damages in respect of any death or injury are recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of a person under this Part and such damages are also recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of that person otherwise than under this Part:\n    (a) if damages are recovered otherwise than under this Part, damages are not recoverable under this Part; and\n    (b) if damages are recovered under this Part, the amount of damages recoverable otherwise than under this Part shall be reduced by the amount of the damages so recovered.\n  (2) In subsection (1), damages does not include:\n    (a) compensation under the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or the Seamen’s Compensation Act 1911; or\n    (b) a pension under the Veterans’ Entitlements Act 1986.\n  (3) Nothing in this section prevents the application of:\n    (a) Part IV of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or section 10A of the Seamen’s Compensation Act 1911; or\n    (b) section 74 of the Veterans’ Entitlements Act 1986;\n  in relation to damages recovered or recoverable under this Part.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Damages not recoverable under this Part in certain circumstances","content":"#### 16 Damages not recoverable under this Part in certain circumstances\n\n  (1) Damages under this Part in respect of a death or injury are not recoverable from the Commonwealth or a Commonwealth authority by or for the benefit of a person where that person, or a person lawfully acting or entitled to act on behalf of that person:\n    (a) has failed to take any action that he or she could reasonably have been expected to take, if this Part had not been enacted, to recover damages in respect of the death or injury from any other person who was, or may have been, liable to pay damages in respect of the death or injury;\n    (b) has, without the consent in writing of the Commonwealth or the Commonwealth authority, as the case may be, entered into a compromise, settlement or agreement whereby a person other than the Commonwealth or the Commonwealth authority has been discharged in whole or in part from liability in respect of the death or injury to which he or she was, or might have been, subject; or\n    (c) has refused to comply with a request under subsection (2).\n  (2) The Commonwealth or a Commonwealth authority may, in writing, request a person who appears to be entitled to recover damages in respect of a death or injury to which this Part applies against a person other than the Commonwealth or the Commonwealth authority, or a person lawfully acting or entitled to act on behalf of such a person, to take or continue proceedings (whether in the Commonwealth or elsewhere) to recover those damages and, where proceedings are so taken or continued, the proceedings shall be conducted on behalf of the first‑mentioned person at the expense of the Commonwealth or the Commonwealth authority.\n  (3) The Commonwealth or a Commonwealth authority may, at any time, by notice in writing, revoke a request made under subsection (2), and, in that event, is not liable for any costs or expenses incurred in respect of the continuance of the proceedings after the revocation.","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Action against Commonwealth etc. under this Part not to be heard if other proceedings pending","content":"#### 17 Action against Commonwealth etc. under this Part not to be heard if other proceedings pending\n\n  An action against the Commonwealth or a Commonwealth authority for damages under this Part in respect of a death or injury shall not be heard or determined if an action against a person other than the Commonwealth or the Commonwealth authority for damages in respect of that death or injury is pending in any court, whether in the Commonwealth or elsewhere.","sortOrder":18},{"sectionNumber":"Part IV","sectionType":"part","heading":"Regulations","content":"## Part IV—Regulations","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Nothing in the supplied text indicates a change from the Act’s own defined scope. The Act defines liability for Commonwealth and declared Commonwealth authorities, sets limits and offsets, and applies to specified passenger categories and territories. It does permit regulatory instruments to affect scope (eg. declaring bodies corporate as Commonwealth authorities and prescribing monetary caps), but those are mechanisms contemplated within the Act rather than post‑enactment scope changes shown in the text."},"complexity_factors":["Extensive cross‑references to the Civil Aviation (Carriers’ Liability) Act 1959 to import specific provisions and caps (see ss 7, 8, 13, 14).","Multiple exclusions and offsets that reduce recoverable damages (insurance, carrier payments, certain pensions and statutory compensation) (see ss 8(2), 10(2), 14(2), 15(2)).","Interaction with other compensation regimes (Commonwealth Employees’ Rehabilitation and Compensation Act 1988; Seamen’s Compensation Act 1911; Veterans’ Entitlements Act 1986) creating overlapping remedies and priority rules (see ss 6(2), 11(3), 10, 15).","Procedural and enforcement rules requiring claimants to pursue third parties at the Commonwealth’s request, and stays while other proceedings are pending (see ss 16–17).","Discretion and delegated power: Governor‑General may make regulations; Minister may declare corresponding State Acts and regulations can expand the definition of 'Commonwealth authority' (see ss 4, 11(2), 18).","Territorial and extra‑territorial application and special treatment for the Australian Capital Territory and Northern Territory (see s 5 and ss 11(3A)–(4),(6)).","Liability caps are tied to figures in another Act or to amounts prescribed by regulation, so the quantum of exposure can change without amending this Act (see ss 8(1), 14(1)).","Definitions contain substantive exclusions (notably of certain crew and persons entitled to pensions), which materially affect who is covered (see s 4 and exceptions in ss 6(2), 11(3))."],"plain_english_summary":"This Act makes the Commonwealth (and certain Commonwealth authorities) legally liable for death or personal injury to passengers in aircraft accidents in specified circumstances, and fixes how claims are handled. It applies to both Commonwealth‑operated flights and certain passengers on non‑Commonwealth flights, ties liability caps to amounts in the Civil Aviation (Carriers’ Liability) Act 1959, allows offsets for other payments (including some insurance and compensation), and gives the Commonwealth procedural powers to require claimants to pursue other parties."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1963 Act appears to have been designed primarily for Commonwealth employees and officials travelling on government business. However, the legislation has expanded significantly through amendments to cover: (1) employees of the Australian Capital Territory and Northern Territory governments (s.11(3A)-(6)), effectively extending Commonwealth liability to territorial employees; (2) a broader range of travel arrangements including any carriage where the Commonwealth bears the cost or has arranged the travel; and (3) complex interactions with modern workers compensation schemes (Commonwealth Employees' Rehabilitation and Compensation Act 1988) and veterans' entitlements legislation that did not exist in 1963. The machinery provisions for pursuing third-party carriers (ss.16-17) also suggest the Act has evolved into a more sophisticated cost-recovery mechanism rather than a simple compensation scheme."},"complexity_factors":["Extensive cross-referencing to the Civil Aviation (Carriers' Liability) Act 1959 — multiple sections are 'incorporated by reference' with modifications","Nested conditional logic in Part III regarding which passengers are covered (three categories in s.11(1), plus territorial extensions for ACT and Northern Territory in s.11(3A)-(6))","Complex offset/reduction provisions (ss.8(2), 14(2)) requiring calculation against insurance payouts and other compensation","Substitution and exclusion clauses (ss.9, 10, 15) creating intricate relationships between this Act, the 1959 Act, workers compensation laws, and veterans' entitlements","Procedural barriers to recovery (ss.16-17) including requirements to pursue third parties first and stay proceedings if other litigation is pending","Dual operation — the Act applies both to Commonwealth-operated aircraft (Part II) and commercial flights with Commonwealth connections (Part III), with slightly different rules for each","Dynamic liability caps in ss.8(1) and 14(1) that reference external regulations which may change over time"],"plain_english_summary":"This law sets out when and how the Australian Government (the Commonwealth) and its agencies must pay compensation if someone is killed or injured while flying on an aircraft.\n\n**Who it covers:**\n- **Part II** applies when the government itself is operating the aircraft (for example, a RAAF plane or a government charter).\n- **Part III** applies when someone is flying on a commercial airline but the government has a connection to the flight — such as:\n  - Commonwealth employees travelling for work\n  - People whose ticket was paid for by the government\n  - People travelling on official government business\n\n**What it does:**\n- It creates a special compensation scheme that borrows rules from the Civil Aviation (Carriers' Liability) Act 1959 (the main law for airline accidents).\n- It caps (limits) how much money can be claimed — the maximum is tied to the amount set in that 1959 Act.\n- It reduces the payout if the person already received insurance money or compensation from another source (like the actual airline).\n- It stops \"double dipping\" — you can't claim under this law and also sue the government for the same accident under different laws.\n\n**Key quirks:**\n- The law also covers employees of the Australian Capital Territory and Northern Territory governments, treating those territories as if they were the Commonwealth for these purposes.\n- Veterans who are entitled to pensions under the Veterans' Entitlements Act are excluded from this scheme.\n- If you could sue the actual airline for the accident, the government can make you do that first, or can take over your case to recover costs.\n\n**Why it matters:**\nThis law ensures that people working for or travelling on behalf of the Australian Government have a clear path to compensation if they're hurt in a plane crash, while protecting the government from unlimited liability and overlapping claims."}},"importantCases":[],"_links":{"self":"/api/acts/air-accidents-commonwealth-government-liability-act-1963","history":"/api/acts/air-accidents-commonwealth-government-liability-act-1963/history","analysis":"/api/acts/air-accidents-commonwealth-government-liability-act-1963/analysis","conflicts":"/api/acts/air-accidents-commonwealth-government-liability-act-1963/conflicts","importantCases":"/api/acts/air-accidents-commonwealth-government-liability-act-1963/important-cases","documents":"/api/acts/air-accidents-commonwealth-government-liability-act-1963/documents"}}