{"id":"a-2002-40","name":"Civil Law (Wrongs) Act 2002","slug":"civil-law-wrongs-act-2002","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"40 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23252,"registerId":"act-a-2002-40-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"114B","sectionType":"section","heading":"Meaning of related trust—ch 8A 89","content":"114B Meaning of related trust—ch 8A 89\n114BA Time when child abuse etc happens 90\n114BB Definitions—pt 8A.1A 91\n114BC Meaning of employee—pt 8A.1A 91\n114BD Organisations that are responsible for child 92\n114BE Organisations vicariously liable for child abuse perpetrated by\nemployees 92\nPart 8A.2 Institutional child abuse—proceedings\nagainst unincorporated bodies\n114C Unincorporated bodies 93\n114D Unincorporated body may nominate defendant 93\n114E Court may appoint related trust as defendant 94\n114F Proceedings may be commenced before nomination or appointment 96\n114G Liability of trustee if nominated or appointed as defendant 96\n114H Defendant may rely on defences and immunities etc 98\nPart 8A.3 Institutional child abuse—setting aside abuse\nsettlement agreements\n114I Object—pt 8A.3 99\n114J Definitions—pt 8A.3 99\n114K Court may set aside abuse settlement agreement 100\n114L Court may also set aside other things 101\n114M Effect of setting aside abuse settlement agreement 102\n115 Objects—ch 9 103\n116 Definitions—ch 9 104\n117 Ch 9 binds Crown 108\n\nPage\ncontents 8 Civil Law (Wrongs) Act 2002\nDivision 9.2.1 Defamation and the general law\n118 Tort of defamation 109\n119 Distinction between slander and libel abolished 109\n120 Single cause of action for multiple defamatory imputations in same\nmatter 109\n121 Certain corporations do not have cause of action for defamation 110\n122 No cause of action for defamation of, or against, deceased persons 111\n122A Serious harm element of cause of action for defamation 111\n122B Definitions—div 9.2.2A 113\n122C Exemption for digital intermediaries providing caching, conduit or\nstorage services 114\n122D Exemption for search engine providers 115\n122E Early determination of digital intermediary exemptions 116\n123 Choice of law for defamation proceedings 117\n124 Application—div 9.3.1 119\n124A Concerns notices 119\n124B Defamation proceedings cannot be commenced without concerns\nnotice 121\n125 Publisher may make offer to make amends 122\n126 When offer to make amends may be made 122\n127 Content of offer to make amends 123\n128 Withdrawal of offer to make amends 125\n129 Effect of acceptance of offer to make amends 126\n130 Effect of failure to accept reasonable offer to make amends 126\n131 Inadmissibility of evidence of certain statements and admissions 128\n132 Effect of apology on liability for defamation 128\n\nPage\ncontents 9\n133 Leave required for multiple proceedings in relation to publication of\nsame defamatory matter 129\n133A Orders for preliminary discovery about posters of digital matter 129\n134 Scope of defences under general law and other law not limited 131\n135 Defence of justification 131\n136 Defence of contextual truth 131\n137 Defence of absolute privilege 132\n138 Defence for publication of public documents 133\n139 Defences of fair report of proceedings of public concern 135\n139AA Defence of publication of matter concerning issue of public interest 140\n139A Defence of qualified privilege for provision of certain information 141\n139AB Defence of scientific or academic peer review 143\n139B Defences of honest opinion 144\n139BA Defence for publications involving digital intermediaries 146\n139C Defence of innocent dissemination 148\n139E Damages to bear rational relationship to harm 150\n139F Damages for non-economic loss limited 150\n139G State of mind of defendant generally not relevant to awarding\ndamages 151\n139H Exemplary or punitive damages cannot be awarded 152\n139I Factors in mitigation of damages 152\n139J Damages for multiple causes of action may be assessed as single\nsum 152\n139JA Orders against non-party digital intermediaries concerning defamatory\ndigital matter 153\n139K Costs in defamation proceedings 154\n139L Proof of publication 156\n139M Proof of convictions for offences 156\n\nPage\ncontents 10 Civil Law (Wrongs) Act 2002\n139N Incriminating answers, documents or things 157\n139O Giving of notices and other documents 158\nChapter 10 Trespass\n141 Defence to action for trespass to land 159\n142 Action for use and occupation of land—amount of damages 159\n143 Purpose—pt 11.1 160\n144 Definitions—pt 11.1 160\n145 Meaning of traveller accommodation 161\n146 Meaning of accommodation provider 162\n147 Meaning of innkeeper’s liability 162\n148 Meaning of guest 162\n149 Meaning of property of guest 163\n150 Application—div 11.1.2 163\n151 Limitation on strict liability under innkeeper’s liability 163\n152 Circumstances when limitation does not apply 164\n153 Safe custody facilities 165\n154 Notice about pt 11.1 166\nDivision 11.2.1 Preliminary—common carriers\n155 Purpose—pt 11.2 167\n156 Definitions—pt 11.2 167\nDivision 11.2.2 When common law liability of carriers not affected\n157 Certain things not protected by pt 11.2 167\n158 Public notices by carrier not to affect liability 168\n\nPage\ncontents 11\nDivision 11.2.3 Liability of common carriers for certain goods worth\nmore than $20\n159 Liability of carriers for certain goods worth more than $20 168\n160 Notice of increased charge for transport of certain goods 168\n161 Receipt of carrier for increased charge 169\n162 Carrier only liable for proven amount for certain goods 169\nDivision 11.2.4 Liability of common carriers for certain animals\n163 Definitions—div 11.2.4 170\n164 Liability of carriers for certain animals 170\n165 Notice of increased charge for transport of certain animals 171\n166 Carrier only liable for proven amount for certain animals 172\nDivision 11.2.5 Notice, condition or declaration of carrier\n167 Carrier liable for neglect or default despite notice etc 172\n168 Liability of occupiers 174\nPart 12.2 Liability for damage caused by animals\n169 Evidence of breach of duty for animals 176\nPart 12.3 Liability for fires accidentally begun\n170 Actions do not lie for damage caused by accidental fires 177\n171 Contract between landlord and tenant not affected 177\n172 Definitions—ch 13 178\n173 Removal of certain bars to rescission for misrepresentation 178\n174 Damages for misrepresentation 179\n175 Damages instead of rescission for misrepresentation 179\n176 Exclusion clauses—misrepresentation 180\n177 Misrepresentation in trade or commerce an offence 181\n178 Employer etc liable for misrepresentation 181\n\nPage\ncontents 12 Civil Law (Wrongs) Act 2002\n179 Prosecutions for misrepresentation 182\nPart 14.1 Maximum costs for certain personal injury\ndamages claims\n180 Definitions—pt 14.1 183\n181 Maximum costs for claims of $50 000 or less 183\n182 Costs incurred after offer of compromise not accepted 185\n183 Exclusion of costs unnecessarily incurred etc 186\n184 Court discretion to allow additional costs 187\n185 Apportionment of costs between lawyers 187\nPart 14.2 Costs in damages claims if no reasonable\n186 Definitions—pt 14.2 188\n187 Application—pt 14.2 188\n188 Certificate that claim or defence has reasonable prospects of success 189\n189 Costs order against lawyer acting without reasonable prospects of\nsuccess 189\n190 Onus on lawyer to show facts provided reasonable prospects of\nsuccess 190\n191 Purpose of pt 15.1 etc 192\n192 Meaning of mediation, neutral evaluation etc 192\n193 Who can be a mediator 193\n194 Who can be an evaluator 193\n195 Referral by tribunal for mediation or neutral evaluation 193\n196 Duty of parties to take part in neutral evaluations 194\n197 Costs of neutral evaluation 194\n198 Agreements and arrangements arising from mediation sessions 194\n\nPage\ncontents 13\n199 Privilege for neutral evaluations 194\n200 Secrecy by evaluators 196\n201 Protection from liability for evaluators 196\n206 Amount of liability charge on insurance money payable against liability 197\n207 Enforcement of charge on insurance money 197\n208 Protection of insurer for pt 15.3 charge 198\n209 Certain other provisions not affected by pt 15.3 198\nPart 15.4 Abolition of certain common law actions,\nrules and remedies\n210 Abolition of seduction, enticement and harbouring 199\n211 Abolition of rule about unity of spouses 199\n212 Abolition of action of cattle-trespass 199\n213 Abolition of distress damage feasant 199\n214 Abolition of rules relating exclusively to liability for damage by animals 200\n215 Partial abolition of rule in Rylands v Fletcher 200\n216 Abolition of rule of common employment 200\n217 Abolition of husband’s liability for wife’s torts and premarital obligations 200\n218 Abolition of action for loss of consortium 200\n219 Abolition of rule in Cavalier v Pope 201\n220 Partial abolition of Mocambique rule 201\n221 Abolition of torts of maintenance and champerty 201\nPart 15.5 Other provisions\n222 Approved forms 203\n222A Determination of fees 203\n223 Regulation-making power 203\nChapter 19 Transitional—Civil Law (Wrongs) Amendment\nAct 2024—absolute privilege\n254 Absolute privilege amendments 204\n255 Expiry—ch 19 205\n\nPage\ncontents 14 Civil Law (Wrongs) Act 2002\nChapter 20 Transitional—Civil Law (Wrongs) Amendment\nAct 2024\n256 Definitions—ch 20 206\n257 Digital intermediary amendments 206\n258 Offer amendments 207\n259 Preliminary discovery or non-party digital intermediary order\namendments 208\n260 Document giving or service amendments 209\n261 Expiry—ch 20 209\nChapter 21 Transitional—Civil Law (Wrongs)\n(Organisational Child Abuse Liability)\n262 Application of pt 8A.1A 210\n263 Expiry—ch 21 210\nSchedule 1A Additional publications to which absolute\nprivilege applies 211\n1A.1 Definitions—sch 1A 211\n1A.2 Matter published to bar association etc 211\n1A.3 Matter published to human rights commission etc 212\n1A.4 Matter published to integrity commission etc 212\n1A.5 Matter published to inspector of correctional services 213\n1A.6 Matter published to law society etc 214\n1A.7 Matter published to office of the work health and safety commissioner\netc 215\n1A.8 Matter published to official visitor etc 215\n1A.9 Matter published to public trustee and guardian etc 216\n1A.10 Matter published to sentence administration board etc 216\n","sortOrder":0},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Traveller accommodation providers notice 218","content":"Schedule 1 Traveller accommodation providers notice 218\nNotice about loss of guest’s property 218\n\nPage\ncontents 15\n","sortOrder":1},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Common carriers—goods subject to special","content":"Schedule 2 Common carriers—goods subject to special\nlimited liability 219\n","sortOrder":2},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Equine activities 220","content":"Schedule 3 Equine activities 220\n3.1 Definitions—sch 3 220\n3.2 Application—sch 3 222\n3.3 Limitation on liability for injury or death of participant 222\n3.4 Warning notice 224\n","sortOrder":3},{"sectionNumber":"Part 4","sectionType":"part","heading":"1 Preliminary—professional standards 225","content":"Part 4.1 Preliminary—professional standards 225\n4.1 Objects—sch 4 225\n4.2 Definitions—sch 4 225\n4.2A Amount payable under an insurance policy—sch 4 227\n4.3 Application—sch 4 228\nPart 4.2 Limitation of liability 229\n4.4 Preparation and approval of schemes 229\n4.5 Public notification of schemes 229\n4.6 Making of comments and submissions about schemes 230\n4.7 Consideration of comments, submissions etc 230\n4.8 Public hearings 231\n4.9 Submission of schemes to Minister 231\n4.10 Schemes are subject to disallowance 231\n4.11 Commencement of schemes 232\n4.12 Challenges to schemes 232\n4.13 Review of schemes 233\n4.14 Amendment and revocation of schemes 234\n4.14A Notification of revocation of schemes 235\n4.14B Ending of operation of interstate schemes 235\n4.15 People to whom scheme applies 236\n\nPage\ncontents 16 Civil Law (Wrongs) Act 2002\n4.16 Other people to whom scheme applies 236\n4.17 Limitation of liability by insurance arrangements 237\n4.18 Limitation of liability by reference to amount of business assets 238\n4.19 Limitation of liability by multiple of charges 238\n4.20 Statement of different limits of liability 240\n4.21 Combination of provisions under s 4.17, s 4.18 and s 4.19 240\n4.22 Amount below which liability may not be limited 240\n4.22A Liability in damages not reduced to below relevant limit 241\n4.23 Insurance to be of required standard 241\n4.24 Limit of occupational liability by schemes 242\n4.25 Limitation of amount of damages 242\n4.26 Effect of scheme on other parties to proceedings 243\n4.27 Proceedings to which a scheme applies 243\n4.28 Duration of scheme 243\n4.29 Notification of limitation of liability 244\nPart 4.3 Compulsory insurance 246\n4.30 Occupational association may require members to insure 246\n4.31 Monitoring claims by occupational associations 246\nPart 4.4 Risk management 248\n4.32 Risk management strategies by occupational associations 248\n4.33 Reporting by occupational associations 248\n4.34 Compliance audits 249\nPart 4.5 Complaints and disciplinary matters 250\n4.35 Complaints and Discipline Code 250\nPart 4.6 Professional standards council 251\nDivision 4.6.1 Establishment and functions of council\n4.36 The council 251\n4.37 Functions of council 251\n4.37A Cooperation with authorities in other jurisdictions 253\n4.38 Membership of council 253\n\nPage\ncontents 17\n4.39 Chairperson and deputy chairperson of council 254\n4.40 Deputies of members 254\n4.41 Term of appointment 255\n4.42 Allowances of members 255\n4.43 Vacancy in office of member 255\n4.44 Filling of vacancy in office of member 256\n4.45 Personal liability of members etc 256\n4.46 General procedure for council 256\n4.47 Quorum at council meetings 257\n4.48 Presiding member at council meetings 257\n4.49 Voting at council meetings 257\n4.50 Requirement to provide information 257\n4.51 Referral of complaints 258\n4.52 Council committees 258\n4.53 Use of government staff or facilities 259\n4.54 Engagement of consultants by council 259\n4.55 Accountability of council to Minister 259\n4.56 Annual report of council 259\nPart 4.7 Miscellaneous—sch 4 260\n4.57 Characterisation of sch 4 260\n4.58 No contracting out of sch 4 260\n4.59 No limitation on other insurance 260\n4.59A Validation of schemes etc 260\n","sortOrder":4},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Occupational associations—model code 261","content":"Schedule 5 Occupational associations—model code 261\n5.1 Name of code 261\n5.2 Meaning of council 261\n5.3 What actions may be the subject of a complaint? 261\n5.4 Who may make a complaint? 261\n5.5 How is a complaint made? 261\n5.6 What happens after a complaint is made? 262\n\nPage\ncontents 18 Civil Law (Wrongs) Act 2002\n5.7 What action may be taken after a hearing into a complaint? 262\n5.8 Notices of decisions 263\n5.9 What rights of representation do parties to a complaint have? 263\n5.10 How may occupational association’s functions under code be\nexercised? 264\n5.11 Protection from liability 264\nDictionary 265\n1 About the endnotes 278\n2 Abbreviation key 278\n3 Legislation history 279\n4 Amendment history 289\n5 Earlier republications 342\n6 Expired transitional or validating provisions 348\n7 Renumbered provisions 348\n\nAn Act to consolidate and reform the statute law relating to wrongs, and for other\npurposes\n\n","sortOrder":5},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Civil Law (Wrongs) Act 2002.\n","sortOrder":6},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘accommodation provider—see\nsection 146.’ means that the term ‘accommodation provider’ is defined\nin that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":7},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• section 74 (Offence—failure to give document or information)\n• section 80 (False or misleading statements)\n• sch 4, s 4.29 (Notification of limitation of liability)\n• sch 4, s 4.50 (Requirement to provide information).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions applying to wrongs","content":"Chapter 2 Provisions applying to wrongs\ngenerally\n","sortOrder":10},{"sectionNumber":"5","sectionType":"section","heading":"Protection of good samaritans from liability","content":"5 Protection of good samaritans from liability\n(1) A good samaritan does not incur personal civil liability for an act done\nor omission made honestly and without recklessness in assisting, or\ngiving advice about the assistance to be given to, a person who is\napparently—\n(a) injured or at risk of being injured; or\n(b) in need of emergency medical assistance.\n(2) However, the protection does not apply if—\n(a) the liability falls within the ambit of a scheme of compulsory\nthird-party motor vehicle insurance; or\n(b) the good samaritan’s capacity to exercise appropriate care and\nskill was, at the relevant time, significantly impaired by a\nrecreational drug.\nExample—scheme of compulsory third-party motor vehicle insurance\nthe scheme under the Motor Accident Injuries Act 2019\n(3) Despite subsection (2) (b), if a good samaritan administers the drug\nknown as naloxone, honestly and without recklessness, to a person\napparently suffering from an overdose of an opioid drug for the\npurpose of resuscitating the person, the protection under\nsubsection (1) applies even if the good samaritan’s capacity to\nexercise appropriate care and skill was, at the time of administering\nthe drug, impaired by a recreational drug.\nExamples—opioid drugs\n• heroin\n• methadone\n• morphine\n\nGood samaritans Part 2.1\ngood samaritan means—\n(a) a person who, acting without expectation of payment or other\nconsideration, comes to the aid of a person who is apparently—\n(i) injured or at risk of being injured; or\n(ii) in need of emergency medical assistance; or\n(b) a medically qualified person who, acting without expectation of\npayment or other consideration, gives advice by telephone or\nanother form of telecommunication about the treatment of a\nperson who is apparently—\n(i) injured or at risk of being injured; or\n(ii) in need of emergency medical assistance.\nmedically qualified—a person is medically qualified if the person—\n(a) is a doctor; or\n(b) has professional qualifications in a field of health care that are\nrecognised under an Act; or\n(c) works, or has worked, as a member of the ambulance service or\nin another paramedical capacity.\n\n","sortOrder":11},{"sectionNumber":"6","sectionType":"section","heading":"Definitions—pt 2.2","content":"6 Definitions—pt 2.2\ncommunity organisation means a corporation that directs or\ncoordinates the carrying out of community work by volunteers.\nvoluntary basis—a person works on a voluntary basis if the person—\n(a) receives no remuneration for the work; or\n(b) is remunerated for the work but within limits prescribed by\nregulation for this definition.\nvolunteer means a person who carries out community work on a\nvoluntary basis.\n","sortOrder":12},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of community work","content":"7 Meaning of community work\ncommunity work means—\n(a) work for 1 or more of the following purposes:\n(i) a religious, educational, charitable or benevolent purpose;\n(ii) promoting or encouraging literature, science or the arts;\n(iii) looking after, or giving attention to, people who need care\nbecause of a physical or mental disability or condition;\n(iv) sport, recreation or amusement;\n(v) conserving resources or protecting the natural environment\nfrom harm;\n(vi) preserving historical or cultural heritage;\n(vii) a political purpose;\n\nVolunteers Part 2.2\n(viii) protecting or promoting the common interests of the\ncommunity generally or a particular section of the\ncommunity; or\n(b) work declared by regulation to be community work.\n(2) However, work is not community work if it—\n(a) involves acts or threats of violence; or\n(b) creates a serious risk to the health or safety of the public or a\nsection of the public; or\n(c) is declared by regulation not to be community work.\n","sortOrder":13},{"sectionNumber":"8","sectionType":"section","heading":"Protection of volunteers from liability","content":"8 Protection of volunteers from liability\n(1) A volunteer does not incur personal civil liability for an act done or\nomission made honestly and without recklessness while carrying out\ncommunity work for a community organisation on a voluntary basis.\n(2) However, the protection does not apply if—\n(a) the liability falls within the ambit of a scheme of compulsory\nthird-party motor vehicle insurance; or\n(b) the liability is for defamation; or\n(c) the volunteer’s capacity to carry out the work properly was, at\nthe relevant time, significantly impaired by a recreational drug;\nor\n(d) the volunteer was acting, and knew or ought to have known that\nhe or she was acting—\n(i) outside the scope of the activities authorised by the\ncommunity organisation; or\n(ii) contrary to instructions given by the community\norganisation.\n\n","sortOrder":14},{"sectionNumber":"9","sectionType":"section","heading":"Liability of community organisations for volunteers","content":"9 Liability of community organisations for volunteers\n(1) A liability that would, apart from this part, attach to a volunteer,\nattaches instead to the community organisation for which the\nvolunteer was carrying out the relevant community work.\n(2) A person (the injured person) who suffers death, injury, loss or\ndamage because of the act or omission of a volunteer may sue the\nvolunteer personally only if—\n(a) it is clear from the circumstances of the case that the protection\ngiven under section 8 does not apply to the case; or\n(b) the injured person brings an action against the community\norganisation and the community organisation disputes, in a\ndefence filed to the action, that it is liable for the act or omission\nof the volunteer.\n","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Territory may assume liability of community","content":"10 Territory may assume liability of community\norganisations for volunteers\n(1) This section applies if a community organisation carries out a\nfunction that is a recognised government responsibility.\n(2) The Minister may, by agreement with the community organisation,\nassume on behalf of the Territory liabilities of the organisation that\narise under section 9 in carrying out the function.\n(3) The agreement may be subject to the conditions and limitations the\nMinister considers appropriate.\n(4) While the agreement is in force, a liability that would, apart from this\nsection, attach to the community organisation in relation to the\nfunction, attaches instead (subject to the conditions and limitations of\nthe agreement) to the Territory.\nrecognised government responsibility means a responsibility\nprescribed by regulation as a recognised government responsibility.\n\nVolunteers Part 2.2\n","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Directions to community organisations about insurance","content":"11 Directions to community organisations about insurance\netc\n(1) The Minister may give directions to community organisations about\nthe taking out of insurance, or the adoption of risk management plans,\nin relation to liabilities to which this part applies.\n(2) A direction is a disallowable instrument.\n\n","sortOrder":17},{"sectionNumber":"11A","sectionType":"section","heading":"Definitions—pt 2.2A","content":"11A Definitions—pt 2.2A\ndonor—\n(a) means a person who donates food—\n(i) in good faith for a charitable or benevolent purpose; and\n(ii) with the intention that the consumer of the food would not\nhave to pay for it; but\n(b) does not include a person who distributes food donated by\nanother person for human consumption.\nfit for human consumption, in relation to food, means food that is\nnot unsafe or unsuitable.\nfood—see the Food Act 2001, section 8.\nunsafe, in relation to food—see the Food Act 2001, section 12.\nunsuitable, in relation to food—see the Food Act 2001, section 13.\n","sortOrder":18},{"sectionNumber":"11B","sectionType":"section","heading":"Protection of food donors from liability","content":"11B Protection of food donors from liability\nA donor does not incur civil liability for any personal injury that\nresults from the consumption of food donated by the donor if—\n(a) the food was fit for human consumption when it left the\npossession or control of the donor; and\n(b) for food that is required to be handled in a particular way to\nensure it remains fit for human consumption—the donor told the\nperson to whom the donor gave the food about the handling\nrequirements for the food; and\n\nFood donors Part 2.2A\n(c) for food that would remain fit for human consumption for only\na limited amount of time after it leaves the possession or control\nof the donor—the donor told the person to whom the donor gave\nthe food about the time limit on the consumption of the food.\n\n","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Application—pt 2.3","content":"12 Application—pt 2.3\n(1) This part applies to civil liability of any kind.\n(2) However, this part does not apply to civil liability for an award of\ndamages or compensation—\n(a) for defamation; or\n(b) under any of the following:\n(i) the Discrimination Act 1991;\n(ii) the Workers Compensation Act 1951.\n","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of apology in pt 2.3","content":"13 Meaning of apology in pt 2.3\napology means an oral or written expression of sympathy or regret,\nor of a general sense of benevolence or compassion, in relation to an\nincident, whether or not the expression admits or implies fault or\nliability in relation to the incident.\n","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Effect of apology on liability etc","content":"14 Effect of apology on liability etc\n(1) An apology made by or on behalf of a person in relation to an incident\nclaimed to have been caused by the person—\n(a) is not (and must not be taken to be) an express or implied\nadmission of fault or liability by the person in relation to the\nincident; and\n(b) is not relevant to deciding fault or liability in relation to the\nincident.\n\nApologies Part 2.3\n(2) Evidence of an apology made by or on behalf of a person in relation\nto an incident claimed to have been caused by the person is not\nadmissible in any civil proceeding as evidence of the fault or liability\nof the person in relation to the incident.\n\n","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Effect of death on certain causes of action","content":"15 Effect of death on certain causes of action\n(1) When a person dies—\n(a) all causes of action vested in the person survive for the benefit\nof the person’s estate; and\n(b) all causes of action existing against the person survive against\nthe person’s estate.\n(2) This section does not apply to causes of action for defamation.\n","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Damages in surviving cause of action","content":"16 Damages in surviving cause of action\n(1) This section applies to a cause of action that survives under this part\nfor the benefit of a dead person’s estate.\n(2) The damages recoverable do not include exemplary damages.\n(3) If the act or omission that gave rise to the cause of action caused the\nperson’s death, the damages recoverable—\n(a) must be calculated without regard to any loss or gain to the estate\nresulting from the death; and\n(b) do not include damages for—\n(i) the person’s pain or suffering or for any bodily or mental\nharm suffered by the person or for the loss of the person’s\nexpectation of life; or\n(ii) the person’s loss of capacity to earn or loss of future\nprobable earnings; and\n(c) do not include damages of the kind mentioned in section 100\n(Damages for loss of capacity to perform domestic services).\n\nSurvival of actions on death Part 2.4\n(4) However, damages mentioned in subsection (3) (b) (i) may be\nrecovered if—\n(a) the cause of action related to a personal injury resulting from an\nasbestos-related disease; and\n(b) the person gave notice under section 51 (Notice of claim) before\nthe person’s death; and\n(c) the person died either—\n(i) as a result of the asbestos-related disease; or\n(ii) the asbestos-related disease was a contributing factor to the\nperson’s death.\n(5) The damages may include an amount to compensate for any\nreasonable funeral expenses paid or payable by the estate.\n(6) An amount to compensate for any reasonable funeral expenses may\nbe reduced to the extent (if any) that the court considers just and\nequitable having regard to the age and health of the dead person\nimmediately before the act or omission that gave rise to the cause of\naction.\n(7) In deciding whether an expense is reasonable for subsection (5),\nregard must be had to the religious and cultural circumstances of the\ndead person and the members of the dead person’s family.\n(8) In this section:\nasbestos-related disease means any of the following diseases:\n(a) asbestosis;\n(b) asbestos induced carcinoma;\n(c) asbestos-related pleural diseases;\n(d) mesothelioma;\n(e) a disease prescribed by regulation.\nmember, of a dead person’s family—see section 23.\n\n","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"If person liable dies before or at time of damage","content":"17 If person liable dies before or at time of damage\n(a) damage was suffered because of an act or omission; and\n(b) a person against whom there would have been a cause of action\nfor the act or omission died before or at the same time as the\ndamage was suffered.\n(2) For this part, the cause of action is taken to have existed against the\nperson before his or her death.\n","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Saving of rights additional to pt 2.4","content":"18 Saving of rights additional to pt 2.4\n(1) The rights given by this part for the benefit of estates of dead people\nare additional to, and do not limit, rights given by part 3.1 (Wrongful\nact or omission causing death).\n(2) This part as it relates to causes of action against estates of dead people\napplies in relation to causes of action under part 3.1 in the same way\nas it applies in relation to other causes of action that survive under\nthis part.\n(3) The rights given by this part for the benefit of estates of dead people,\nand the obligations under this part against estates of dead people, are\nadditional to, and do not limit, rights or obligations under the Motor\nAccident Injuries Act 2019.\n\nProceedings against and contributions between wrongdoers Part 2.5\nPart 2.5 Proceedings against and\ncontributions between\nwrongdoers\n","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"Definitions—pt 2.5","content":"19 Definitions—pt 2.5\ndamage means loss of any kind (including loss of life, personal\ninjury, damage to property and economic loss).\n(a) that gives rise to a liability in tort in relation to which a defence\nof contributory negligence is available at common law; or\n","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Each of several wrongdoers can be sued","content":"20 Each of several wrongdoers can be sued\n(1) A judgment or decision against a person for damage caused by a\nwrong does not bar an action against someone else who is also liable\nfor the same damage.\n(2) However, if separate actions are brought in relation to the same\ndamage—\n(a) the total amount recovered in the actions cannot exceed the\namount of damages awarded in the judgment or decision given\nfirst or, if that amount is amended on appeal, the amount as\namended; and\n(b) the plaintiff is only entitled to costs in the action for which\njudgment or decision is given first (including costs on appeal\nfrom the judgment or decision), unless the court considers there\nwere reasonable grounds for bringing the actions separately.\n\nPart 2.5 Proceedings against and contributions between wrongdoers\n","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Right of contribution","content":"21 Right of contribution\n(1) A person (the first person) who is liable for damage caused by a\nwrong can recover contribution from someone else (a contributory)\nwho is also liable for the same damage.\n(2) The contribution must be an amount that the court considers just and\nequitable having regard to the extent of the contributory’s\nresponsibility for the damage.\n(3) However, the first person is not entitled to contribution under this\nsection if—\n(a) the first person is liable to indemnify the contributory against\nthe contributory’s liability for the damage; or\n(b) the court exempts the contributory from liability to make\ncontribution; or\n(c) the court has directed that contribution to be recovered from a\nperson for the damage is a complete indemnity for the damage.\n","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Effect of pt 2.5","content":"22 Effect of pt 2.5\n(1) This part does not—\n(a) affect any criminal proceeding against a person in relation to an\nact or omission; or\n(b) make enforceable an agreement for indemnity that would not\nhave been enforceable if this part had not been enacted.\n(2) This part has effect subject to the Building Act 2004, part 9\n(Limitation of liability).\n\nWrongful act or omission causing death Part 3.1\nPreliminary—liability for death Division 3.1.1\nPart 3.1 Wrongful act or omission\ncausing death\nDivision 3.1.1 Preliminary—liability for death\n23 Definitions—pt 3.1\nchild includes a grandchild and a stepchild.\nmember, of a dead person’s family—each of the following people is\na member of a dead person’s family:\n(a) a domestic partner; or\n(b) a child of the person (including a child born alive after the\ndeath);\n(c) a person to whom the dead person acted, immediately before his\nor her death, in place of a parent;\n(d) a parent of the person;\n(e) a person who acted, immediately before the dead person’s death,\nin place of a parent to the dead person;\n(f) a brother, a sister, a half-brother and a half-sister of the person;\n(g) a former spouse, civil union partner or civil partner of the\nparent includes a stepfather, a stepmother, a grandfather and a\ngrandmother.\n\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Liability for a person’s death","content":"24 Liability for a person’s death\nIf—\n(a) a person’s death is caused by a wrongful act or omission\n(whether or not an offence); and\n(b) the act or omission would, if death had not resulted, have entitled\nthe person to recover damages in an action for personal injury;\nthe person who would have been liable if the death had not resulted\nis liable to an action for damages despite the death and whether or not\nthe death was caused by circumstances that were an offence.\n","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Damages for a person’s death","content":"25 Damages for a person’s death\n(1) In an action under this part, the court may award, to the people for\nwhose benefit the action is brought (the beneficiaries), the damages\nthat it considers to be proportional to the damage to them resulting\nfrom the death.\n(2) Subsection (1) has effect subject to part 7.1 (Damages for personal\n(3) The amount of damages awarded must, after deducting the costs not\nrecovered from the defendant, be divided between the beneficiaries\nin the shares the court decides.\n(4) The damages may include an amount to compensate for any of the\nfollowing expenses paid or payable by a beneficiary:\n(a) reasonable funeral expenses;\n(b) reasonable medical or hospital expenses related to the injury that\nresulted in the death.\n\nWrongful act or omission causing death Part 3.1\nLiability and damages for death Division 3.1.2\n(5) An amount to compensate for any reasonable funeral expenses may\nbe reduced to the extent (if any) that the court considers just and\nequitable having regard to the age or health of the dead person\nimmediately before the wrongful act or omission that caused the\ndeath.\n(6) In deciding whether an expense is reasonable for subsection (4) (a),\nregard must be had to the religious and cultural circumstances of the\ndead person and the members of the dead person’s family.\n","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Amounts not taken into account in assessing damages","content":"26 Amounts not taken into account in assessing damages\nfor death\nIn assessing damages in relation to liability under this part, the\nfollowing must not be taken into account to reduce the damages:\n(a) an amount paid or payable on the death of, or personal injury to,\nthe dead person under a contract of insurance;\n(b) an amount paid or payable out of a superannuation, provident or\nsimilar fund, or as a benefit from a friendly society, benefit\nsociety, lodge or trade union;\n(c) an amount paid or payable because of the death or injury of the\ndead person that is—\n(i) a payment instead of leave; or\n(ii) a payment of a pension or another social security or\nveterans benefit;\n(d) an amount paid or payable as a gratuity on the death of the dead\nperson;\n\n(e) an amount in relation to the acquisition by a member of the dead\nperson’s family, after the death, of—\n(i) a house, or an interest in a house, used at any time as the\nmember’s home; or\n(ii) the household contents, or an interest in the household\ncontents, of the house;\n(f) a premium that would have become payable under a contract of\ninsurance on the life of the dead person if the person had lived\nbeyond the time when he or she died.\n","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Contributory negligence not defence in relation to death","content":"27 Contributory negligence not defence in relation to death\n(1) If a person has died partly because of the person’s failure to take\nreasonable care (contributory negligence) and partly because of\nsomeone else’s wrong, the damages recoverable in an action under\nthis part for the wrong must not be reduced because of the\ncontributory negligence.\n(2) Subsection (1) has effect subject to part 7.1 (Damages for personal\n(a) that gives rise to a liability in tort; or\n\nMental harm Part 3.2\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Definitions—pt 3.2","content":"32 Definitions—pt 3.2\nchild, of a person, means the son, daughter, grandson, granddaughter,\nstepson or stepdaughter of the person, or someone to whom the person\nis acting in place of a parent.\nconsequential mental harm, to a person, means mental harm to the\nperson that is a consequence of bodily injury to the person.\nfamily member, of a person, means—\n(a) a domestic partner;\n(b) a parent or child of the person; or\n(c) a brother, sister, half-brother or half-sister of the person.\nmental harm, to a person, means impairment of the person’s mental\ncondition.\nnegligence means failure to exercise reasonable care and skill.\nparent, of a person, means the father, mother, grandfather,\ngrandmother, stepfather or stepmother of the person, or someone\nacting in place of a parent to the person.\npure mental harm, to a person, means mental harm to the person\nother than consequential mental harm.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Personal injury arising from mental or nervous shock","content":"33 Personal injury arising from mental or nervous shock\nIn an action for personal injury, the plaintiff is not prevented from\nrecovering damages only because the injury arose completely or\npartly from mental or nervous shock.\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Mental harm—duty of care","content":"34 Mental harm—duty of care\n(1) A person (the defendant) does not owe a duty to another person\n(the plaintiff) to take care not to cause the plaintiff mental harm\nunless a reasonable person in the defendant’s position would have\nforeseen that a person of normal fortitude in the plaintiff’s position\nmight, in the circumstances of the case, suffer a recognised\npsychiatric illness if reasonable care were not taken.\n(2) For the application of this section in relation to pure mental harm to\na person, the circumstances of the case to which the court must have\nregard include—\n(a) whether or not the mental harm was suffered as the result of a\nsudden shock; and\n(b) whether the plaintiff witnessed, at the scene, a person being\nkilled, injured or put in danger; and\n(c) the nature of the relationship between the plaintiff and anyone\nkilled, injured or put in danger; and\n(d) whether or not there was a pre-existing relationship between the\nplaintiff and the defendant.\n(3) For the application of this section in relation to consequential mental\nharm to a person, the circumstances of the case to which the court\nmust have regard include the nature of the bodily injury out of which\nthe mental harm arose.\n(4) This section does not affect the duty of care a person (the defendant)\nhas to another person (the plaintiff) if the defendant knows, or ought\nreasonably to know, that the plaintiff is a person of less than normal\nfortitude.\n\nMental harm Part 3.2\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Mental harm—damages","content":"35 Mental harm—damages\n(1) Damages must not be awarded for pure mental harm to a person\nresulting from negligence unless the harm consists of a recognised\npsychiatric illness.\n(2) Damages must not be awarded for economic loss for consequential\nmental harm to a person resulting from negligence unless the harm\nconsists of a recognised psychiatric illness.\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Extensions of liability under pt 3.2 in certain cases","content":"36 Extensions of liability under pt 3.2 in certain cases\n(1) A person’s liability in relation to an injury caused by a wrongful act\nor omission by which someone else (A) is killed, injured or put in\ndanger includes liability for injury arising completely or partly from\nmental or nervous shock received by—\n(a) a parent of A; or\n(b) a domestic partner of A; or\n(c) another family member of A, if A was killed, injured or put in\ndanger within the sight or hearing of the other family member.\n(2) If 2 or more family members bring, or may bring, actions in relation\nto liability arising under subsection (1) out of the same act or\nomission, the court may proceed in the way the court considers\nappropriate and may make the orders the court considers appropriate\nabout—\n(a) which family members are parties to the action; and\n(b) who is to have the conduct of the action.\n(3) The action is for the benefit of all family members who are parties to\nthe action.\n(4) The court may award the damages that it considers to be proportional\nto the damage to the plaintiffs resulting from the wrongful act or\nomission.\n\n(5) Subsection (4) has effect subject to part 7.1 (Damages for personal\n(6) The amount of damages awarded must, after deducting the costs not\nrecovered from the defendant, be divided between the plaintiffs in the\nshares the court decides.\n\nExclusion of liability for terrorism-associated risks Part 3.3\n","sortOrder":39},{"sectionNumber":"Part 3","sectionType":"part","heading":"3 Exclusion of liability for","content":"Part 3.3 Exclusion of liability for\nterrorism-associated risks\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Meaning of act of terrorism for pt 3.3","content":"37 Meaning of act of terrorism for pt 3.3\nact of terrorism means the use or threat of action if—\n(a) the action falls within subsection (2); and\n(b) the use or threat is designed to influence a government or to\nintimidate the public or a section of the public; and\n(c) the use or threat is made for the purpose of advancing a political,\nreligious or ideological cause.\n(2) Action falls within this subsection if it—\n(a) involves serious violence against a person; or\n(b) involves serious damage to property; or\n(c) endangers a person’s life, other than that of the person\ncommitting the action; or\n(d) creates a serious risk to the health or safety of the public or a\nsection of the public; or\n(e) is designed seriously to interfere with or seriously to disrupt an\nelectronic system.\n(3) The use or threat of action falling within subsection (2) that involves\nthe use of firearms or explosives is terrorism whether or not\nsubsection (1) (b) is satisfied.\naction includes action outside the ACT or Australia.\ngovernment includes the government of another Australian\njurisdiction or a foreign country.\n\nPart 3.3 Exclusion of liability for terrorism-associated risks\nperson means a person anywhere, whether in or outside the ACT or\nAustralia.\nproperty means property located anywhere, whether in or outside the\nACT or Australia.\npublic includes the public of a place outside the ACT or Australia.\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Limitation of liability for acts of terrorism","content":"38 Limitation of liability for acts of terrorism\n(1) There is no right of action for death or injury (or both) arising out of\nthe use of a motor vehicle if the death or injury (or both) are caused\nby an act of terrorism.\n(2) Subsection (1) does not remove the liability—\n(a) of someone who commits or promotes the act of terrorism; or\n(b) of an employer to pay compensation under the Workers\nCompensation Act 1951 (or any corresponding law of the\nCommonwealth, a State or another Territory) to a worker.\n(3) This section applies despite the Motor Accident Injuries Act 2019,\nsection 295 (MAI insurer to indemnify MAI insured people)\n\nPreliminary—negligence Part 4.1\nPart 4.1 Preliminary—negligence\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Definitions—ch 4","content":"40 Definitions—ch 4\nharm means harm of any kind, and includes—\n(a) personal injury; and\n(b) damage to property; and\n(c) economic loss.\nnegligence means failure to exercise reasonable care and skill.\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Application—ch 4","content":"41 Application—ch 4\n(1) This chapter applies to all claims for damages for harm resulting from\nnegligence, whether the claim is brought in tort, in contract, under\nstatute or otherwise.\n(2) However, this chapter does not apply to a claim under the Workers\nCompensation Act 1951.\n\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Standard of care","content":"42 Standard of care\nFor deciding whether a person (the defendant) was negligent, the\nstandard of care required of the defendant is that of a reasonable\nperson in the defendant’s position who was in possession of all the\ninformation that the defendant either had, or ought reasonably to have\nhad, at the time of the incident out of which the harm arose.\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Precautions against risk—general principles","content":"43 Precautions against risk—general principles\n(1) A person is not negligent in failing to take precautions against a risk\nof harm unless—\n(a) the risk was foreseeable (that is, it is a risk of which the person\nknew or ought to have known); and\n(b) the risk was not insignificant; and\n(c) in the circumstances, a reasonable person in the person’s\nposition would have taken those precautions.\n(2) In deciding whether a reasonable person would have taken\nprecautions against a risk of harm, the court must consider the\nfollowing (among other relevant things):\n(a) the probability that the harm would happen if precautions were\nnot taken;\n(b) the likely seriousness of the harm;\n(c) the burden of taking precautions to avoid the risk of harm;\n(d) the social utility of the activity creating the risk of harm.\n\nDuty of care Part 4.2\n","sortOrder":46},{"sectionNumber":"44","sectionType":"section","heading":"Precautions against risk—other principles","content":"44 Precautions against risk—other principles\nIn a proceeding in relation to liability for negligence—\n(a) the burden of taking precautions to avoid a risk of harm includes\nthe burden of taking precautions to avoid similar risks of harm\nfor which the person may be responsible; and\n(b) the fact that a risk of harm could have been avoided by doing\nsomething in a different way does not of itself give rise to or\naffect liability for the way in which it was done; and\n(c) the subsequent taking of action that would (had the action been\ntaken earlier) have avoided a risk of harm does not of itself give\nrise to or affect liability in relation to the risk and is not of itself\nan admission of liability in relation to the risk.\n\n","sortOrder":47},{"sectionNumber":"45","sectionType":"section","heading":"General principles","content":"45 General principles\n(1) A decision that negligence caused particular harm comprises the\nfollowing elements:\n(a) that the negligence was a necessary condition of the happening\nof the harm (‘factual causation’);\n(b) that it is appropriate for the scope of the negligent person’s\nliability to extend to the harm so caused (the scope of liability).\n(2) However, if a person (the plaintiff) has been negligently exposed to\na similar risk of harm by a number of different people\n(the defendants) and it is not possible to assign responsibility for\ncausing the harm to 1 or more of them—\n(a) the court may continue to apply the established common law\nprinciple under which responsibility may be assigned to the\ndefendants for causing the harm; but\n(b) the court must consider the position of each defendant\nindividually and state the reasons for bringing the defendant\nwithin the scope of liability.\n(3) In deciding the scope of liability, the court must consider (among\nother relevant things) whether or not, and why, responsibility for the\nharm should be imposed on the negligent party.\n\nCausation Part 4.3\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Burden of proof","content":"46 Burden of proof\nIn deciding liability for negligence, the plaintiff always bears the\nburden of proving, on the balance of probabilities, any fact relevant\nto the issue of causation.\nNote The Motor Accident Injuries Act 2019, s 256 provides that, for making a\nmotor accident claim for a no-fault motor accident—\n(a) in the case of a single vehicle accident, the driver of the motor\nvehicle is taken to be the driver at fault and to have breached their\nduty of care to an injured person; and\n(b) in the case of a multiple vehicle accident, the driver of the motor\nvehicle whose act or omission caused the accident is taken to be\nthe driver at fault and to have breached their duty of care to an\ninjured person.\n\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Contributory negligence can defeat claim","content":"47 Contributory negligence can defeat claim\nIn deciding the extent of a reduction of damages because of\ncontributory negligence, a court may decide on a reduction of 100%\nif the court considers it is just and equitable to do so, with the result\nthat the claim for damages is defeated.\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Remedy available if claim fraudulent","content":"48 Remedy available if claim fraudulent\n(1) This section applies to a person if—\n(a) the person did, or omitted to do, something in relation to a claim;\nand\n(b) the person did, or omitted to do, the thing—\n(i) for the purpose of obtaining a financial benefit; or\n(ii) knowing that the thing (or something else resulting from\ndoing or omitting to do the thing) is false or misleading.\nExample of something done in relation to claim\nthe making of a statement\nExample of something resulting from the doing of the thing\nthe statement\n(2) If this section applies to a claimant in relation to a claim—\n(a) a person who has a liability in relation to a payment, settlement,\ncompromise or judgment relating to the claim is relieved from\nthe liability to the extent of the financial benefit obtained by the\nclaimant; and\n(b) a person who has paid an amount to the claimant in relation to\nthe claim (whether under a settlement, compromise, judgment\nor otherwise) is entitled to recover from the claimant the amount\nof the financial benefit obtained by the claimant and any costs\nincurred in relation to the claim.\n\nOther provisions—negligence Part 4.4\n(3) If this section applies to a person other than a claimant in relation to\na claim, the claimant is entitled to recover from the person as a debt\nthe amount of the financial benefit obtained by the person and any\ncosts incurred by the claimant in relation to the claim.\n\n","sortOrder":51},{"sectionNumber":"Part 5","sectionType":"part","heading":"Personal injuries claims—","content":"Chapter 5 Personal injuries claims—\npre-court procedures\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Definitions—ch 5","content":"49 Definitions—ch 5\nclaim means a claim (however described) for damages based on a\nliability for personal injury, whether the liability is based in tort or\ncontract or on another form of action (including breach of statutory\nduty), and, for a fatal injury, includes a claim for the dead person’s\nclaimant means a person by whom, or on whose behalf, a claim is\nmade.\ncomplying notice of claim means a notice of claim under section 51\n(Notice of claim) or section 55 (Claimant may add later respondents)\nthat is given as required under this chapter.\ncontribution notice—see section 57 (Respondent may add someone\nelse as contributor).\ncontributor means a person added as a contributor under section 57\n(Respondent may add someone else as contributor).\ncourt, in relation to a claim, means—\n(a) if a proceeding based on a claim has been begun—the court\nhearing the proceeding; or\n(b) if no proceeding based on the claim has been begun—a court\nwith jurisdiction to hear the claim.\ninsurer, of a person in relation to a claim, means the insurer or other\nentity providing, or purportedly providing, the person cover or an\nindemnity against the claim.\n\nPreliminary—ch 5 Part 5.1\nparty means claimant, respondent or contributor.\nrespondent means a person who—\n(a) is a respondent under section 51 (Notice of claim); or\n(b) is a later respondent under section 55 (Claimant may add later\nrespondents).\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Application—ch 5","content":"50 Application—ch 5\n(1) This chapter applies to all claims for damages for personal injury,\nincluding claims to which the Motor Accident Injuries Act 2019,\nchapter 5 (Motor accident injuries—common law damages) applies.\n(2) However, this chapter does not apply to—\n(a) a claim for compensation under the Workers Compensation\nAct 1951; or\n(b) a claim for which—\n(i) notice has been given by or for the claimant under the\nLimitation Act 1985, section 30A (2) (Special provision for\ninjuries to children); and\n(ii) notice has been given by a respondent under that Act,\nsection 30A (6).\n(3) Also, this chapter does not apply to a claim for damages for personal\ninjury if a claim for compensation has been made under the Workers\nCompensation Act 1951 in relation to the injury.\n(4) Despite subsection (3), part 5.2 (Claims procedures) applies to a\nclaim for damages for personal injury, even though a claim for\ncompensation may have been made under the Workers Compensation\nAct 1951 in relation to the injury, if—\n(a) the Motor Accident Injuries Act 2019, chapter 5 applies to the\nclaim; or\n\n(b) the claim is made against a person who is not an employer or\ninsurer in relation to the injury under the Workers Compensation\nAct 1951, chapter 6 (Claims) even though it is also made against\nsuch a person.\n\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Notice of claim","content":"51 Notice of claim\n(1) Before a claimant brings a proceeding against someone else\n(a respondent) based on a claim in relation to a personal injury, the\nclaimant must give the respondent written notice of the claim.\nNote 1 A proceeding must be brought before the end of the relevant limitation\nperiod (if any) under the Limitation Act 1985.\nNote 2 The Limitation Act 1985 does not apply a limitation period to child abuse\nclaims (see that Act, s 21C).\n(2) The notice must—\n(a) contain a statement of the information required by regulation;\nand\n(b) authorise each of the following to have access to the records and\nsources of information relevant to the claim that are required by\nregulation:\n(i) the respondent;\n(ii) if the respondent is insured against the claim—the\nrespondent’s insurer for the claim; and\n(c) be accompanied by the documents required by regulation.\n(3) For a proceeding not based on a motor accident claim or child abuse\nclaim, the notice must be given within the period that ends on the\nearlier of the following days:\n(a) the day that is 9 months after—\n(i) the day the accident giving rise to the personal injury\nhappened; or\n(ii) if symptoms of the injury are not immediately apparent—\nthe day symptoms of the injury first appear;\n\n(b) the day that is 4 months after the later of the following days:\n(i) the day the claimant first instructs a lawyer to provide\nadvice about seeking damages for the personal injury;\n(ii) the day the respondent is identified.\n(4) For a proceeding based on a motor accident claim, the notice must be\ngiven within 3 months after the latest of the following days:\n(a) if the claimant is taken, under the Motor Accident Injuries\nAct 2019, section 133 (WPI taken to be 10% in certain\ncircumstances), to have a WPI of 10% as a result of the motor\naccident—the day the claimant receives information under the\nMotor Accident Injuries Act 2019 stating that the claimant is\ntaken to have a WPI of 10%;\n(b) if the claimant receives a notice under the Motor Accident\nInjuries Act 2019, section 141 (5) (WPI assessment 4 years 6\nmonths after motor accident)—the date that is 26 weeks after the\ndate of the notice;\n(c) if the claimant receives a notice under the Motor Accident\nInjuries Act 2019, section 157 (2) (WPI 10% or more—injured\nperson entitled to make motor accident claim)—the due date\nstated in the notice;\n(d) if the claimant receives a notice under the Motor Accident\nInjuries Act 2019, section 164 (2) (Final offer WPI 10% or\nmore—injured person entitled to make motor accident claim)—\nthe due date stated in the notice;\n\n(e) if the claimant applies to the ACAT for review of a final offer\nWPI decision under the Motor Accident Injuries Act 2019,\nsection 162 (1) (Final offer WPI 5% to 9%), section 163 (1)\n(Final offer WPI 10% or more—injured person not entitled to\nmake motor accident claim) or section 164 (1) and the ACAT\nmakes an order under that Act, section 197 (External review—\ndecision) to the effect that the claimant has a WPI of at least\n10% and is entitled to make a motor accident claim—\n(i) if no appeal from the order is made—the date the appeal\nperiod for the order ends; or\n(ii) if an appeal from the order is made—the date the appeal is\nfinally decided;\n(f) if the claimant receives a notice under the Motor Accident\nInjuries Act 2019, section 213 (4) (SOI report—injury has\nsignificant occupational impact) stating that the claimant is\ntaken to have a WPI of 10% for this Act—the date of the notice;\n(g) if the claimant applies to the ACAT for review of an SOI report\nunder the Motor Accident Injuries Act 2019, section 214 (SOI\nreport—no significant occupational impact) and the ACAT\nmakes an order under that Act, section 218 (1) (b) (ACAT\nreview—decision)—\n(i) if no appeal from the order is made—the date the appeal\nperiod for the order ends; or\n(ii) if an appeal from the order is made—the date the appeal is\nfinally decided.\nNote This chapter does not apply to a claim for which a notice has been given\nby or for the claimant under the Limitation Act 1985, s 30A (2) (see s 50).\n\n(5) For a proceeding based on a child abuse claim, the notice must be\ngiven within a reasonable time before the claimant brings the\nproceeding against the respondent.\nNote If the notice is not given as required under s (5), the obligation to give the\nnotice continues until it is given (see Legislation Act, s 152).\n(6) If the claimant is a child, the claimant’s parent or legal guardian may\ngive the notice for the claimant.\nNote For another procedure for a claim in relation to a personal injury suffered\nby a child, see the Limitation Act 1985, s 30A (Special provision for\ninjuries to children).\n(7) If the notice is not given within the period required under\nsubsection (3), a reasonable excuse for the delay must be given in the\nnotice or by separate written notice to the respondent.\nNote If the notice is not given as required under s (3), the obligation to give the\nnotice continues until it is given (see Legislation Act, s 152).\n(8) Without limiting subsection (7), an excuse is reasonable if it is\nprescribed by regulation for this section.\n(9) If the respondent knows of anyone else (a relevant person) against\nwhom a proceeding based on the claim may be begun by the claimant,\nthe respondent must, within the period prescribed by regulation (or,\nif no period is prescribed, within 1 month after the day the respondent\nreceives the notice)—\n(a) give a copy of the notice to each relevant person; and\n(b) tell the claimant in writing about each relevant person and give\nthe claimant a short written statement explaining why each of\nthem may be a relevant person.\n(10) If the respondent is a child, the respondent’s parent or legal guardian\nmay comply with subsection (9) for the respondent.\n\n","sortOrder":55},{"sectionNumber":"51A","sectionType":"section","heading":"Motor accident claims—respondent to identify and notify","content":"51A Motor accident claims—respondent to identify and notify\nothers\n(1) If a respondent to a motor accident claim knows of anyone else\n(a relevant person) against whom the claimant may be able to begin\na proceeding based on the claim, the respondent must, not later than\n7 days after the day the respondent receives the notice of claim—\n(a) give a copy of the notice of claim to the relevant person; and\n(b) tell the claimant, in writing, about the relevant person, including\na short written explanation of why the respondent believes that\nthe person may be a relevant person.\n(2) If the respondent is a child, the respondent’s parent or legal guardian\nmay comply with subsection (1) for the respondent.\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Preliminary response to claimant","content":"52 Preliminary response to claimant\n(1) A respondent must, in writing and within the required period—\n(a) give notice to the claimant under section 54 (Respondent’s\nresponse to notice of claim); or\n(b) if the respondent cannot decide on the information in the notice\nwhether or not the respondent is properly a respondent to the\nclaim—tell the claimant, in writing, about the further\ninformation the respondent reasonably needs to decide whether\nthe respondent is properly a respondent to the claim; or\n(c) if the respondent considers that the respondent is not properly a\nrespondent to the claim, tell the claimant, in writing, that the\nrespondent considers the respondent is not properly a respondent\nto the claim and give the claimant, in writing—\n(i) reasons why the respondent considers the respondent is not\nproperly a respondent to the claim; and\n\n(ii) any information the respondent has that may help the\nclaimant identify someone who should be a respondent to\nthe claim.\n(2) If the claimant is told that further information is needed under\nsubsection (1) (b), the claimant must, within the required period—\n(a) give the respondent the further information; or\n(b) tell the respondent, in writing, that the claimant considers the\nrespondent to be properly a respondent to the claim and requires\nthe respondent to give notice to the claimant under section 54.\n(3) Within the required period after being given information under\nsubsection (2) (a), the respondent must, having regard to that\ninformation—\n(a) give notice to the claimant under section 54; or\n(b) if the respondent considers that the respondent is not properly a\nrespondent to the claim, tell the claimant, in writing, that the\nrespondent considers the respondent is not properly a respondent\nto the claim and give the claimant, in writing—\n(i) reasons why the respondent considers the respondent is not\nproperly a respondent to the claim; and\n(ii) any information the respondent has that may help the\nclaimant identify someone who should be a respondent to\nthe claim.\n(4) If the claimant is told under subsection (1) (c) or subsection (3) (b)\nthat the respondent is not properly a respondent to the claim, the\nclaimant must, within the required period, tell the respondent, in\nwriting, that—\n(a) the claimant accepts that the respondent is not properly a\nrespondent to the claim; or\n\n(b) the claimant considers the respondent to be properly a\nrespondent to the claim and requires the respondent to give\nnotice to the claimant under section 54.\n(5) Advice given to the respondent under subsection (4) (a) does not\nprevent the claimant from giving the respondent another notice of\nclaim under section 51 at a later time.\nrequired period means—\n(a) the period prescribed by regulation; or\n(b) if no period is prescribed, the following:\n(i) for subsection (1)—1 month after the day the respondent\nreceives a notice of claim under section 51;\n(ii) for subsection (2)—1 month after the day the claimant is\ntold under subsection (1) (b) that further information is\nneeded;\n(iii) for subsection (3)—1 month after the day the respondent is\ngiven the information;\n(iv) for subsection (4)—1 month after the day the claimant is\ntold under subsection (1) (c) or (3) (b) that the respondent\nis not properly a respondent to claim.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Acknowledgment that proper respondent not admission","content":"53 Acknowledgment that proper respondent not admission\nof liability\nAdvice by a respondent that the respondent considers that the\nrespondent is properly a respondent to a claim is not an admission of\nliability by the respondent in relation to the claim.\n\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Respondent’s response to notice of claim","content":"54 Respondent’s response to notice of claim\n(1) This section applies if a respondent—\n(a) considers the respondent to be properly a respondent to a claim;\nor\n(b) is told under section 52 (2) (b) or (4) (b) (Preliminary response\nto claimant) that the claimant considers the respondent to be\nproperly a respondent to a claim.\n(2) The respondent must, within the required period, give the claimant\nwritten notice (a response)—\n(a) stating whether the respondent is satisfied that the notice is a\ncomplying notice of claim; and\n(b) if the respondent is not satisfied—identifying the\nnoncompliance and stating whether the respondent waives\ncompliance with the requirements; and\n(c) if the respondent does not waive compliance with the\nrequirements—allowing the claimant a reasonable period, of at\nleast 1 month, stated in the response to—\n(i) satisfy the respondent that the claimant has complied with\nthe requirements; or\n(ii) take reasonable action stated in the response to remedy the\n(3) If the respondent does not give a response within the required period,\nthe respondent is conclusively presumed to be satisfied that the notice\nis a complying notice of claim.\n\n(4) If subsection (2) (c) applies, the respondent must, within 1 month\nafter the day the period stated in the response ends, give the claimant\na written notice—\n(a) stating that the respondent is satisfied the claimant has complied\nwith the relevant requirements, is satisfied with the action taken\nby the claimant to remedy the noncompliance, or waives the\nnoncompliance; or\n(b) stating that the respondent is not satisfied that the claimant has\ntaken reasonable action to remedy the noncompliance, and\ngiving full particulars of the noncompliance and the claimant’s\nfailure to remedy it.\nrequired period means—\n(a) if the respondent responds directly to the claimant under this\nsection as mentioned in section 52 (1) (a)—the period applying\nunder section 52 (1); and\n(b) in any other case—\n(i) the period prescribed by regulation; or\n(ii) if no period is prescribed, the later of the following:\n(A) if the respondent gives notice to the claimant under\nsection 52 (3) (a)—1 month after the day the\nrespondent is given the further information under\nsection 52 (2) (a);\n(B) if the claimant tells the respondent under\nsection 52 (2) (b) or (4) (b) that the claimant considers\nthe respondent to be properly a respondent to the\nclaim—1 month after the day the claimant tells the\nrespondent under that paragraph.\n\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Claimant may add later respondents","content":"55 Claimant may add later respondents\n(1) After a claimant has given notice of a claim to a respondent under\nsection 51, the claimant may add someone else as a respondent\n(a later respondent) to the claim by giving the later respondent—\n(a) a notice of a claim complying with section 51 (2); and\n(b) copies of other documents given to or received from any other\nrespondent under this chapter.\n(2) However, the claimant may add a later respondent only—\n(a) within the period (if any) prescribed by regulation; or\n(b) if the later respondent and all parties to the claim agree; or\n(c) if the court gives leave.\n(3) If the claimant adds a later respondent under this section—\n(a) the later respondent must respond to the notice as if it were a\nnotice of a claim given under section 51; and\n(b) the claimant must, in writing, tell each other respondent of the\naddition within the period prescribed by regulation.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Multiple respondents","content":"56 Multiple respondents\n(1) If there are 2 or more respondents to a claim, other than a motor\naccident claim, 1 of the respondents (the respondents’ claim\nmanager) may act for 1 or more of the other respondents under this\nchapter with the agreement of the other respondents.\n(2) If there are 2 or more respondents to a motor accident claim, 1 of the\nrespondents (the respondents’ claim manager) must act for all of the\nrespondents under this chapter.\n(3) For subsection (2)—\n(a) the respondents’ claim manager must be decided—\n(i) by agreement between the respondents; or\n\n(ii) if the respondents cannot agree within 2 months after the\nday the claimant first gave, or is taken to have given, a\nrespondent for the motor accident claim a complying\nnotice of claim—under the insurance industry deed; and\n(b) until the respondents’ claim manager is decided under paragraph\n(a), the respondent to which the notice of claim is first given\nunder section 51 is the respondents’ claim manager.\n(4) The respondents’ claim manager—\n(a) may exercise the functions given under this chapter in relation\nto the claim and the claimant for all respondents for whom the\nrespondents’ claim manager acts; and\n(b) must act as far as practicable with the agreement of the other\nrespondents for whom the manager acts.\n(5) Action taken, or an agreement made, by the respondents’ claim\nmanager in relation to the claim is binding on each respondent for\nwhom the respondents’ claim manager acts so far as it affects the\nclaimant.\n(6) However, if the respondents’ claim manager acts beyond the scope of\nthe manager’s authority under the agreement under subsection (1)\nor (3) (a) (i), the manager is liable to each other respondent who is a\nparty to the agreement for any loss suffered by the other respondent.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Respondent may add someone else as contributor","content":"57 Respondent may add someone else as contributor\n(1) A respondent who receives a complying notice of claim may add\nsomeone else as a contributor for this chapter by giving the person a\nwritten notice (a contribution notice)—\n(a) claiming an indemnity from, or contribution towards, the\nrespondent’s liability; and\n(b) stating the grounds on which the respondent holds the person\nliable; and\n\n(c) stating any other information prescribed by regulation; and\n(d) accompanied by copies of documents about the claim given to\nor received from any other party under this chapter.\n(2) However, the respondent may add someone else as a contributor\nonly—\n(a) within the period (if any) prescribed by regulation; or\n(b) if the contributor and all parties to the claim agree; or\n(c) if the court gives leave.\n(3) Also, if the claim is a motor accident claim and the respondent\nproposes to add the nominal defendant as a contributor because the\nmotor accident involved an unidentified motor vehicle, the\nrespondent may add the nominal defendant only if the respondent has\nmade reasonable inquiry and search for the identity of the motor\nvehicle.\n(4) The inquiry or search may be proved orally or by affidavit of the\nperson who made the inquiry or search.\n(5) If the respondent adds someone else as a contributor under this\nsection, the respondent must give a copy of the contribution notice to\neach other party within the period prescribed by regulation.\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Contributor’s response","content":"58 Contributor’s response\n(1) A contributor must, within the period prescribed by regulation (or, if\nno period is prescribed, within 1 month after the day the contributor\nreceives a contribution notice), give the respondent who gave the\ncontribution notice a written response (the contributor’s response)—\n(a) containing a statement of information prescribed by regulation;\nand\n(b) accompanied by the documents (if any) prescribed by\nregulation.\n\n(2) The contributor’s response must also state—\n(a) whether the claim for the contribution or indemnity claimed in\nthe contribution notice is admitted, denied or admitted in part;\nand\n(b) if the claim for the contribution or indemnity is admitted in\npart—the extent to which it is admitted.\n(3) An admission of liability in the contributor’s response—\n(a) is not binding on the contributor in relation to any other claim;\nand\n(b) is not binding on the contributor at all if it later appears the\nadmission was induced by fraud.\n(4) If the respondent requires information given by a contributor under\nthis section to be verified, the contributor must give the respondent a\n","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Claimant’s failure to give complying notice of claim","content":"59 Claimant’s failure to give complying notice of claim\n(1) If a claimant does not give a complying notice of claim, the claimant\ncannot proceed further with the claim unless—\n(a) the respondent to whom notice of the claim was purportedly\ngiven—\n(i) has given the claimant a written notice to the effect that the\nrespondent is satisfied the notice is a complying notice of\nclaim or the claimant has taken reasonable action to\nremedy the noncompliance; or\n(ii) is presumed, under section 54 (3) (Respondent’s response\nto notice of claim), to be satisfied the notice is a complying\nnotice of claim; or\n\n(b) the respondent has waived any noncompliance; or\n(c) the court, on application by the claimant—\n(i) declares that the claimant has remedied the\nnoncompliance; or\n(ii) authorises the claimant to proceed further with the claim\ndespite the noncompliance.\n(2) An order of the court under subsection (1) (c) may be made on\nconditions the court considers necessary or appropriate to minimise\nprejudice to a respondent from the claimant’s noncompliance.\n","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Legal disabilities","content":"60 Legal disabilities\n(1) A claimant is not required to comply with an obligation under this\nchapter while the claimant is under a legal disability.\nNote If the claimant is a child, under s 51 (4) a parent or guardian of the child\nmay give the notice of claim for the child.\n(2) The period within which the obligation must be complied with begins\nwhen the claimant’s legal disability ends.\n(3) This chapter applies to the claimant as if—\n(a) a reference to the day the accident giving rise to the personal\ninjury happened were a reference to the day the claimant’s legal\ndisability ends; and\n(b) all other changes were made to give effect to this section.\n(4) This section does not prevent a claimant, or a person acting for a\nclaimant, from complying with an obligation under this chapter while\nthe claimant is under a legal disability.\nlegal disability—a claimant is under a legal disability in the\ncircumstances in which a person is under a disability for the\nLimitation Act 1985.\n\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Respondent must attempt to resolve claim","content":"61 Respondent must attempt to resolve claim\n(1) A respondent must, within the period prescribed by regulation (or, if\nno period is prescribed, within 6 months after the day the respondent\nreceives a complying notice of claim)—\n(a) take any reasonable steps necessary to find out about the\naccident claimed to have given rise to the personal injury to\nwhich the claim relates; and\n(b) give the claimant written notice stating—\n(i) whether liability is admitted or denied; and\n(ii) if contributory negligence is claimed—the degree of the\ncontributory negligence expressed as a percentage; and\n(c) if the claimant made an offer of settlement in the notice of\nclaim—tell the claimant whether the respondent accepts or\nrejects the offer; and\n(d) if the claimant did not make an offer of settlement in the notice\nof claim—invite the claimant to make a written offer of\nsettlement; and\n(e) make a fair and reasonable estimate of the damages to which the\nclaimant would be entitled in a proceeding against the\nrespondent; and\n(f) either—\n(i) make a written offer, or counteroffer, of settlement to the\nclaimant setting out in detail the basis on which the offer is\nmade; or\n(ii) settle the claim by accepting an offer made by the claimant.\n\n(2) If a notice of claim is not a complying notice of claim, a respondent\nis taken to have been given a complying notice of claim when—\n(a) the respondent gives the claimant written notice that the\nrespondent waives compliance with the requirement that has not\nbeen complied with or is satisfied the claimant has taken\nreasonable action to remedy the noncompliance; or\n(b) the court makes a declaration that the claimant has remedied the\nnoncompliance, or authorises the claimant to proceed further\nwith the claim despite the noncompliance.\n(3) An offer, or counteroffer, of settlement must be accompanied by a\ncopy of medical reports, assessments of cognitive, functional or\nvocational capacity and all other material, including documents\nrelevant to assessing economic loss, in the offerer’s possession or\ncontrol that may help the person to whom the offer is made make a\nproper assessment of the offer.\n(4) A respondent or claimant to whom a written offer, or counteroffer, of\nsettlement is made must, unless a response to the offer is to be made\nunder subsection (1) (c), respond in writing to the offer within the\nperiod prescribed by regulation after the day the respondent or\nclaimant receives it (or, if no period is prescribed, within 3 months),\nindicating acceptance or rejection of the offer.\n(5) An admission of liability by a respondent under this section—\n(a) is not binding on the respondent in relation to any other claim;\nand\n(b) is not binding on the respondent at all if it later appears the\nadmission was induced by fraud.\n\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Consequences of noncompliance with pt 5.2","content":"62 Consequences of noncompliance with pt 5.2\n(1) If a claimant does not comply with the requirements of this part, a\ncourt in which the claimant begins a proceeding based on the claim—\n(a) may, on a respondent’s application in the proceeding, award in\nthe respondent’s favour costs (including legal and investigation\ncosts) reasonably incurred by the respondent because of the\nclaimant’s noncompliance; and\n(b) may only award interest in the claimant’s favour for a period for\nwhich the claimant was in noncompliance if the court is satisfied\nthere is a reasonable excuse for the noncompliance.\n(2) If a respondent does not comply with the requirements of this part, a\ncourt in which the respondent defends a proceeding based on the\nclaim may, on a claimant’s application in the proceeding, award in\nthe claimant’s favour costs (including legal and investigation costs)\nreasonably incurred by the claimant because of the respondent’s\n\nPart 5.3 Obligations of parties to give\ndocuments and information\n","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Purpose—pt 5.3","content":"63 Purpose—pt 5.3\nThe purpose of this part is to put the parties in a position where they\nhave enough information to assess liability and quantum in relation\nto a claim.\n","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Claimant to give documents etc to respondent","content":"64 Claimant to give documents etc to respondent\n(1) A claimant must give a respondent—\n(a) copies of the following in the claimant’s possession:\n(i) reports and other documents about the accident claimed to\nhave given rise to the personal injury to which the claim\nrelates;\n(ii) reports or surveillance film about the claimant’s medical\n(iii) reports or surveillance film about the claimant’s cognitive,\nfunctional or vocational capacity; and\n(b) information reasonably requested by the respondent about any\nof the following:\n(i) the accident;\n(ii) the nature of the personal injury and of any consequent\ndisabilities;\n(iii) if applicable, the medical treatment and rehabilitation\nservices the claimant has sought or obtained;\n(iv) the claimant’s medical history, as far as it is relevant to the\nclaim, and any other claims for damages for personal injury\nmade by the claimant;\n\n(v) the claimant’s claim for past and future economic loss;\n(vi) any claim known to the claimant for gratuitous services\nconsequent on the claimant’s personal injury.\nNote Damages may not be awarded in a motor accident claim for\ngratuitous care (see Motor Accident Injuries Act 2019,\ns 249).\n(2) The claimant must give the copies mentioned in subsection (1) (a)—\nprescribed, within 1 month after the day the claimant gives\nnotice of the claim under part 5.2, or purportedly under part 5.2);\nand\nsubsection (1) (a) comes into the claimant’s possession later,\nwithin 7 days after the day it comes into the claimant’s\n(3) The claimant must respond to a request under subsection (1) (b)\nwithin the period prescribed by regulation (or, if no period is\nprescribed, within 1 month after the day the request is received).\n(4) If a respondent requires information given by a claimant under this\nsection to be verified, the claimant must give the respondent a\n(5) If a claimant fails, without proper reason, to comply fully with this\nsection, the claimant is liable for costs to the respondent resulting\nfrom the failure.\n\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Respondent and claimant may jointly arrange for expert","content":"65 Respondent and claimant may jointly arrange for expert\nreport\n(1) A respondent and a claimant may jointly arrange for an expert report\nabout 1 or more of the following:\n(a) the cause, or probable cause, of the accident claimed to have\ngiven rise to the personal injury to which the claim relates and\nwhether, in the expert’s opinion, 1 or more people (who may be\nnamed) are responsible for, or contributed to, the accident;\n(b) the cause, or probable cause, of the personal injury and whether,\nin the expert’s opinion, 1 or more people (who may be named)\nare responsible for, or contributed to, the accident;\n(c) the claimant’s medical condition or prospects of rehabilitation;\n(d) the claimant’s cognitive, functional or vocational capacity.\n(2) Neither the respondent nor the claimant is under an obligation to\nagree to a proposal to obtain a report under this section.\n(3) The person from whom an expert report is obtained must be a person,\nagreed to by both parties, with appropriate qualifications and\nexperience in the relevant field.\n(4) The person preparing the expert report must give both parties a copy\nof the report.\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Cost of expert report obtained by agreement","content":"66 Cost of expert report obtained by agreement\n(1) If an expert report is obtained by agreement between a respondent and\na claimant and the claimant is liable for the cost of obtaining the\nreport, the respondent must, at the claimant’s request, reimburse the\nclaimant for the reasonable cost of obtaining the report.\n(2) However, a claimant’s right to reimbursement under this section is\nsubject to any agreement between the claimant and the respondent.\n\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Examination by expert if no agreement","content":"67 Examination by expert if no agreement\n(1) This section applies if a respondent wants to obtain an expert report\nabout 1 or more of the matters mentioned in section 65 (1) but fails to\nobtain the claimant’s agreement.\n(2) The claimant must comply with a request by the respondent to\nundergo, at the respondent’s expense, either or both of the following:\n(a) a medical examination by a doctor to be selected by the claimant\nfrom a panel of at least 3 doctors with appropriate qualifications\nand experience in the relevant field nominated by the respondent\nin the request;\n(b) an assessment of cognitive, functional or vocational capacity by\nan expert to be selected by the claimant from a panel of at least\n3 experts with appropriate qualifications and experience in the\nrelevant field nominated by the respondent in the request.\n(3) However, a claimant is not obliged to undergo an examination or\nassessment under this section if it is unreasonable or unnecessarily\nrepetitious.\n(4) If 3 doctors or experts with appropriate qualifications and experience\nin the relevant field are not available for inclusion on a panel under\nsubsection (2), the number on the panel may be reduced to 2.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Respondent to give documents etc to claimant","content":"68 Respondent to give documents etc to claimant\n(1) A respondent must give a claimant—\n(a) copies of the following in the respondent’s possession that are\ndirectly relevant to a matter in issue in the claim:\n(i) reports and other documents about the accident claimed to\nhave given rise to the personal injury to which the claim\nrelates;\n(ii) reports or surveillance film about the claimant’s medical\n\n(iii) reports or surveillance film about the claimant’s cognitive,\nfunctional or vocational capacity; and\n(b) if asked by the claimant—\n(i) information that is in the respondent’s possession about the\ncircumstances of, or the reasons for, the accident; or\n(ii) if the respondent is an insurer of a person for the claim—\ninformation that can be found out from the insured person\nfor the claim about the circumstances of, or the reasons for,\nthe accident.\n(2) The respondent must give the copies mentioned in subsection (1)\n(a)—\nprescribed, within 1 month after the day the respondent receives\na complying notice of claim); and\nsubsection (1) (a) comes into the respondent’s possession later,\nwithin 7 days after the day it comes into the respondent’s\n(3) The respondent must respond to a request under subsection (1) (b)\nwithin the period prescribed by regulation (or, if no period is\nprescribed, within 1 month after the day the request is received).\n(4) If a claimant requires information given by a respondent under this\nsection to be verified, the respondent must give the claimant a\n(5) If a respondent fails, without proper reason, to comply fully with this\nsection, the respondent is liable for costs to the claimant resulting\nfrom the failure.\n\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Respondent to give documents etc to contributor","content":"69 Respondent to give documents etc to contributor\n(1) A respondent must give a contributor added by the respondent copies\nof the following that are in the respondent’s possession:\n(a) reports and other documents about the accident claimed to have\ngiven rise to the personal injury to which the claim relates;\n(b) reports or surveillance film about the claimant’s medical\n(c) reports or surveillance film about the claimant’s cognitive,\nfunctional or vocational capacity;\n(d) reports or surveillance film about the claimant’s personal injury\nand of any consequent disabilities;\n(e) if applicable, information about the medical treatment and\nrehabilitation services the claimant has sought or obtained;\n(f) information about the claimant’s medical history, as far as it is\nrelevant to the claim, and any other claims for damages for\npersonal injury made by the claimant;\n(g) information about the claimant’s claim for past and future\neconomic loss;\n(h) information about any claim known to the respondent for\ngratuitous services consequent on the claimant’s personal injury.\nNote Damages may not be awarded in a motor accident claim for\ngratuitous care (see Motor Accident Injuries Act 2019, s 249).\n(2) The respondent must give the copies—\nprescribed, within 1 month after the day the respondent gives a\ncontribution notice to the contributor); and\n\n(b) to the extent that a report, film or other document or information\nmentioned in subsection (1) comes into the respondent’s\npossession later, within 7 days after the day it comes into the\nrespondent’s possession.\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"Contributor to give documents to respondent","content":"70 Contributor to give documents to respondent\n(1) A contributor must give the respondent who added the contributor\ncopies of reports, surveillance film and other documents about the\naccident claimed to have given rise to the personal injury to which the\nclaim relates that are in the contributor’s possession.\n(2) The contributor must give the copies—\nprescribed, within 1 month after the day the contributor is added\nas a contributor); and\nsubsection (1) comes into the respondent’s possession later,\nwithin 7 days after the day it comes into the respondent’s\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Alternative provision if more than 200 pages","content":"71 Alternative provision if more than 200 pages\n(1) In this section:\nrelevant section means any of the following sections:\n• section 68 (Respondent to give documents etc to claimant)\n• section 69 (Respondent to give documents etc to contributor)\n• section 70 (Contributor to give documents to respondent).\n(2) This section applies to the extent that a relevant section requires a\nperson (the disclosing person) to give copies of reports or other\ndocuments or information (relevant material) to someone else and\nthe total number of pages of the copies exceeds 200 pages.\n\n(3) Within the time the disclosing person would, apart from this section,\nbe required to give relevant material to someone else under the\nrelevant section, the disclosing person need only offer the other\nperson a reasonable opportunity to inspect the material.\n(4) If the other person, whether on inspection or otherwise, by written\nnotice given to the disclosing person, requires the disclosing person\nto give the other person copies of some or all of the relevant material,\nthe disclosing person must comply with the requirement within—\n(a) if the total number of pages does not exceed 200—1 month after\nthe day the requirement is made; or\n(b) in any other case—1 month after the day the other person pays\n50 cents for each page by which the total number of pages\nexceeds 200 pages.\nNote If, under a provision of an Act or statutory instrument, an act is required\nto be done, the obligation to do the act continues until it is done (see\nLegislation Act, s 152).\n\nPart 5.4 Other provisions—pre-court\nprocedures\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Nondisclosure of documents etc—client legal privilege","content":"72 Nondisclosure of documents etc—client legal privilege\n(1) A party is not obliged to disclose a document or information under\nthis chapter if the document or information is protected by client legal\nprivilege.\n(2) However, an investigative report, medical report or report relevant to\nthe claimant’s rehabilitation must be disclosed even though otherwise\nprotected by client legal privilege.\n(3) A regulation may prescribe exceptions to subsection (2).\n(4) If a report mentioned in subsection (2) is required to be disclosed, it\nmay be disclosed with the omission of passages containing only\nstatements of opinion.\ninvestigative reports does not include a document prepared in relation\nto an application for, an opinion on or a decision about indemnity\nagainst the claim from the Territory.\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Nondisclosure of documents etc—suspected fraud","content":"73 Nondisclosure of documents etc—suspected fraud\n(1) If a respondent has reasonable grounds to suspect a claimant of fraud,\nthe respondent may apply to the court for approval to withhold from\ndisclosure under this chapter documents or information that—\n(a) would alert the claimant to the suspicion; or\n(b) could help further the fraud.\n(2) The application may be made without notice to the claimant.\n(3) If the court gives approval on application under subsection (1), the\nrespondent may withhold from disclosure the documents or\ninformation in accordance with the approval.\n\nOther provisions—pre-court procedures Part 5.4\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Offence—failure to give document, film or information","content":"74 Offence—failure to give document, film or information\nA person commits an offence if the person—\n(a) is a party for a motor accident claim; and\n(b) is obliged to give a document, surveillance film or information\nunder this chapter; and\n(c) does not give the document, film or information in the way\nrequired under this chapter.\nMaximum penalty: 100 penalty units.\n","sortOrder":79},{"sectionNumber":"75","sectionType":"section","heading":"Consequences of failure to give document","content":"75 Consequences of failure to give document\n(1) This section applies if a party fails to comply with a provision of this\nchapter requiring the party to disclose a document to another party.\n(2) The document cannot be used by the party in a later court proceeding\nbased on the claim, or the deciding of the claim, unless the court\norders otherwise.\n(3) If the document comes to the other party’s knowledge, the document\nmay be used by the other party.\n","sortOrder":80},{"sectionNumber":"76","sectionType":"section","heading":"Privilege generally for documents etc","content":"76 Privilege generally for documents etc\nThe information, reports and other documents given or disclosed\nunder this chapter are protected by the same privileges as if disclosed\nin a proceeding in the Supreme Court.\n","sortOrder":81},{"sectionNumber":"77","sectionType":"section","heading":"No requirement to give documents etc if already in other","content":"77 No requirement to give documents etc if already in other\nparty’s possession\nThis chapter does not require a party to give a document or other\ninformation to another party if the document or information is already\nin the possession of the other party.\n\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"Court’s power to enforce compliance with pt 5.2 and","content":"78 Court’s power to enforce compliance with pt 5.2 and\npt 5.3\n(1) If a party (the first party) fails to comply with a duty imposed under\npart 5.2 or part 5.3, the court may, on the application of a party to\nwhom the duty is owed, order the first party to take stated action to\nremedy the noncompliance within a time stated by the court.\n(2) The court may make consequential or ancillary orders, including\norders about costs.\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"Need for urgent proceeding","content":"79 Need for urgent proceeding\n(1) The court, on application by a claimant, may give leave to the\nclaimant to begin a proceeding in the court for damages based on a\nliability for personal injury despite noncompliance with this chapter\nif the court is satisfied there is an urgent need to begin the proceeding.\n(2) The order giving leave may be made on conditions the court considers\nappropriate having regard to the circumstances of the case.\n(3) If leave is given, the proceeding begun by leave is stayed until the\nclaimant complies with this chapter or the proceeding is discontinued\nor otherwise ends.\n(4) However, the proceeding is not stayed if—\n(a) the court is satisfied that—\n(i) the claimant is suffering from a terminal condition; and\n(ii) the trial of the proceeding should be expedited; and\n(b) the court orders the proceeding be given priority in the allocation\nof a trial date.\n(5) If, under subsection (4), the proceeding is not stayed, this chapter\n(other than this section) does not apply in relation to the personal\ninjury.\n\nOther provisions—pre-court procedures Part 5.4\n","sortOrder":84},{"sectionNumber":"80","sectionType":"section","heading":"False or misleading statements","content":"80 False or misleading statements\n(1) A person commits an offence if—\n(a) the person makes a statement in a notice, response or other\ndocument given under this chapter; and\n(b) the person does so knowing that the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is misleading.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) Subsection (1) (b) (i) does not apply if the statement is not false or\nmisleading in a material particular.\n(3) Subsection (1) (b) (ii) does not apply if the omission does not make\nthe statement misleading in a material particular.\n(4) A person commits an offence if—\n(a) the person makes a statement in a notice, response or other\ndocument given under this chapter; and\n(b) the person is reckless about whether the statement—\n(i) is false or misleading; or\n(ii) omits anything without which the statement is misleading.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(5) Subsection (4) (b) (i) does not apply if the statement is not false or\nmisleading in a material particular.\n(6) Subsection (4) (b) (ii) does not apply if the omission does not make\nthe statement misleading in a material particular.\n\n","sortOrder":85},{"sectionNumber":"Part 7","sectionType":"part","heading":"1 Damages for personal injuries—","content":"Part 7.1 Damages for personal injuries—\nexclusions and limitations\n","sortOrder":86},{"sectionNumber":"92","sectionType":"section","heading":"Definitions—pt 7.1","content":"92 Definitions—pt 7.1\nclaim means a claim (however described) for damages based on a\nliability for personal injury, whether the liability is based in tort or\ncontract or on another form of action (including breach of statutory\nduty), and, for a fatal injury, includes a claim for the dead person’s\nintoxicated—a person is intoxicated if under the influence of alcohol\nor a drug to the extent that the person’s capacity to exercise\nappropriate care and skill is impaired.\n","sortOrder":87},{"sectionNumber":"93","sectionType":"section","heading":"Application—pt 7.1","content":"93 Application—pt 7.1\n(1) This part applies to all claims for damages for personal injury,\nincluding claims to which the Motor Accident Injuries Act 2019,\nchapter 5 (Motor accident injuries—common law damages) applies.\n(2) However, this part does not apply to claims under the Workers\nCompensation Act 1951.\n","sortOrder":88},{"sectionNumber":"94","sectionType":"section","heading":"Exclusion of liability if conduct an offence","content":"94 Exclusion of liability if conduct an offence\n(1) Liability for damages is excluded if the court—\n(a) is satisfied on the balance of probabilities that the accident\nhappened while the injured person was engaged in conduct that\nis an indictable offence; and\n\n(b) is satisfied on the balance of probabilities that the injured\nperson’s conduct contributed materially to the risk of injury.\n(2) Despite this exclusion, the court may award damages in a particular\ncase if satisfied that—\n(a) the circumstances of the case are exceptional; and\n(b) in the circumstances of the case, the exclusion would operate\nharshly and unjustly.\n","sortOrder":89},{"sectionNumber":"95","sectionType":"section","heading":"Presumption of contributory negligence—injured person","content":"95 Presumption of contributory negligence—injured person\nintoxicated\n(1) Contributory negligence must be presumed if—\n(a) the injured person was—\n(i) at least 16 years old at the time of the accident; and\n(ii) intoxicated at the time of the accident; and\n(b) the defendant claims contributory negligence.\n(2) The presumption can be rebutted only if the injured person\nestablishes, on the balance of probabilities, that—\n(a) the intoxication did not contribute to the accident; or\n(b) the intoxication was not self-induced.\n(3) If the presumption is not rebutted, the damages the injured person\n\n","sortOrder":90},{"sectionNumber":"96","sectionType":"section","heading":"Presumption of contributory negligence—injured person","content":"96 Presumption of contributory negligence—injured person\nrelying on intoxicated person\n(1) Contributory negligence must be presumed if—\n(a) the injured person—\n(i) was at least 16 years old at the time of the accident; and\n(ii) relied on the care and skill of a person (A) who was\nintoxicated at the time of the accident; and\n(iii) knew, or ought to have known, that A was intoxicated; and\n(b) the accident was caused by A’s negligence; and\n(c) the defendant claims contributory negligence by the injured\n(2) The presumption can be rebutted only if the injured person\nestablishes, on the balance of probabilities, that—\n(a) the intoxication did not contribute to the accident; or\n(b) the injured person could not reasonably be expected to have\navoided the risk.\n(3) If the presumption is not rebutted, the damages the injured person\n(4) For this section, a passenger in a motor vehicle is taken to rely on the\ncare and skill of the driver.\n(5) The common law defence of voluntary assumption of risk does not\napply to a matter to which this section applies.\n\n","sortOrder":91},{"sectionNumber":"97","sectionType":"section","heading":"Presumption of contributory negligence—injured person","content":"97 Presumption of contributory negligence—injured person\nnot wearing seatbelt etc\n(1) Contributory negligence must be presumed if the injured person was\ninjured in a motor accident and was at least 16 years old at the time\nof the accident and—\n(a) was not wearing a seatbelt at the time of the accident as required\nunder the Road Transport (Safety and Traffic Management)\nAct 1999; or\n(b) 1 of the following factors contributed to the accident or the\nextent of the injury:\n(i) the injured person was not wearing a helmet at the time of\nthe accident as required under the Road Transport (Safety\nand Traffic Management) Act 1999;\n(ii) the injured person was a passenger in or on a motor vehicle\nwith a passenger compartment but was not in the\ncompartment at the time of the accident.\n(2) The presumption can be rebutted only as provided in subsections (3)\nand (4).\n(3) For subsection (1) (a), the presumption can be rebutted if the injured\nperson establishes, on the balance of probabilities, that—\n(a) the injury suffered by the injured person was less serious than it\nwould have been if the injured person had been wearing a\nseatbelt at the time of the accident; or\n(b) the injured person was not capable of fastening a seatbelt\nwithout assistance from someone else.\n(4) For subsection (1) (b) (ii), the presumption can be rebutted if the\ninjured person establishes, on the balance of probabilities, that the\ninjured person could not reasonably be expected to have avoided the\nrisk.\n\n(5) If the presumption is not rebutted, the damages the injured person\n","sortOrder":92},{"sectionNumber":"98","sectionType":"section","heading":"Damages for loss of earnings","content":"98 Damages for loss of earnings\n(1) In assessing damages for loss of earnings in relation to a claim, the\ncourt must disregard earnings above the limit mentioned in subsection\n(2).\n(2) The limit is 3 times average weekly earnings a week.\naverage weekly earnings means—\n(a) the average weekly earnings seasonally adjusted for the ACT\n(all males total earnings) in Average Weekly Earnings, Australia\n(State and Territory Earnings) issued by the Australian\nstatistician; or\nNote Average Weekly Earnings, Australia is issued in May and\nNovember and is available at www.abs.gov.au.\n(b) if the Australian statistician issues a publication (however\ndescribed) containing average weekly earnings in substitution\nfor, or instead of, the average weekly earnings mentioned in\nparagraph (a)—the substituted average weekly earnings.\nloss of earnings means—\n(a) past economic loss because of loss of earnings or the deprivation\nor impairment of earning capacity; and\n(b) future economic loss because of loss of prospective earnings or\nthe deprivation or impairment of prospective earning capacity.\n\n","sortOrder":93},{"sectionNumber":"99","sectionType":"section","heading":"Tariffs for damages for non-economic loss","content":"99 Tariffs for damages for non-economic loss\n(1) In deciding damages for non-economic loss, a court may refer to\nearlier decisions of that or other courts for the purpose of establishing\nthe appropriate award in the proceeding.\n(2) For that purpose, the parties to the proceeding or their lawyers may\nbring the court’s attention to awards of damages for non-economic\nloss in those earlier decisions.\n(3) This section does not change the rules for deciding other damages.\nnon-economic loss includes the following:\n(a) pain and suffering;\n(b) loss of amenities of life;\n(c) loss of expectation of life;\n(d) disfigurement.\nNote Under the Motor Accident Injuries Act 2019, the only damages that may\nbe awarded for non-economic loss are damages for loss of quality of life\n(see that Act, s 242).\n\nPart 7.2 Loss of capacity to perform domestic services\nPart 7.2 Loss of capacity to perform\ndomestic services\n100 Damages for loss of capacity to perform domestic\n(1) A person’s liability for an injury suffered by someone else because of\na wrong includes liability for damages for any resulting impairment\nor loss of the injured person’s capacity to perform domestic services\nthat the injured person might reasonably have been expected to\nperform for his or her household if the injured person had not been\ninjured.\n(2) In an action for the recovery of damages mentioned in subsection (1),\nit does not matter—\n(a) whether the injured person performed the domestic services for\nthe benefit of other members of the household or solely for his\nor her own benefit; or\n(b) that the injured person was not paid to perform the services; or\n(c) that the injured person has not been, and will not be, obliged to\npay someone else to perform the services; or\n(d) that the services have been, or are likely to be, performed\n(gratuitously or otherwise) by other people (whether members\nof the household or not).\n(a) that gives rise to a liability in tort; or\n\nContributory negligence Part 7.3\n","sortOrder":94},{"sectionNumber":"101","sectionType":"section","heading":"Definitions—pt 7.3","content":"101 Definitions—pt 7.3\ndamage means loss of any kind (including loss of life, personal\ninjury, damage to property and economic loss).\n(a) that gives rise to a liability in tort in relation to which a defence\nof contributory negligence is available at common law; or\n","sortOrder":95},{"sectionNumber":"102","sectionType":"section","heading":"Apportionment of liability—contributory negligence","content":"102 Apportionment of liability—contributory negligence\n(1) If a person (the claimant) suffers damage partly because of the\nclaimant’s failure to take reasonable care (contributory negligence)\nand partly because of someone else’s wrong—\n(a) a claim for the damage is not defeated because of the claimant’s\ncontributory negligence; and\n(b) the damages recoverable for the wrong are to be reduced to the\nextent the court deciding the claim considers just and equitable\nhaving regard to the claimant’s share in the responsibility for the\ndamage.\n(2) However, if the claimant suffered personal injury and the wrong was\na breach of statutory duty, the damages recoverable by the claimant\nfor the personal injury must not be reduced because of the claimant’s\ncontributory negligence.\n\n(3) If an Act or contract providing for the limitation of liability applies to\nthe claim, the amount of damages awarded to the claimant because of\nsubsection (1) must not exceed the maximum limit applying to the\nclaim.\n(4) This section does not defeat any defence arising under a contract.\n(5) This section has effect subject to part 7.1 (Damages for personal\n","sortOrder":96},{"sectionNumber":"103","sectionType":"section","heading":"Joint wrongdoers","content":"103 Joint wrongdoers\nPart 2.5 (Proceedings against and contributions between wrongdoers)\napplies if 2 or more people are liable (or, if they had all been sued,\nwould have been liable) under section 102 for the damage suffered by\na person.\n","sortOrder":97},{"sectionNumber":"104","sectionType":"section","heading":"Claims by third parties—contributory negligence","content":"104 Claims by third parties—contributory negligence\n(a) a person (the first person) suffers damage partly because of the\nfirst person’s failure to take reasonable care (contributory\nnegligence) and partly because of someone else’s wrong; and\n(b) because of the damage to the first person a third person suffers\ndamage.\n(2) In an action by the third person, the contributory negligence of the\nfirst person must be taken into account under section 102\n(Apportionment of liability—contributory negligence) in reducing\nthe damages recoverable by the third person for the damage as if the\ncontributory negligence were a failure by the third person to take\nreasonable care.\n\nContributory negligence Part 7.3\n","sortOrder":98},{"sectionNumber":"105","sectionType":"section","heading":"Pleading of statutory limitation period—contributory","content":"105 Pleading of statutory limitation period—contributory\nnegligence\n(1) This section applies to a case to which section 102 (Apportionment\nof liability—contributory negligence) applies if—\n(a) the claimant suffered damage partly because of the wrong of\n2 or more people; and\n(b) 1 of those people avoids liability to another of those people (or\nhis or her personal representative) by pleading a statutory\nlimitation period on the time within which proceedings can be\ntaken.\n(2) The person who avoids liability is not entitled to recover damages or\ncontribution from the other person (or his or her personal\nrepresentative) because of section 102.\n\n","sortOrder":99},{"sectionNumber":"107A","sectionType":"section","heading":"Definitions—ch 7A","content":"107A Definitions—ch 7A\napportionable claim—see section 107B.\nconcurrent wrongdoer—see section 107D.\ndefendant, in a proceeding, includes anyone joined as a defendant or\nother party in the proceeding (other than as a claimant), whether\njoined under this chapter, under rules of court or otherwise.\n","sortOrder":100},{"sectionNumber":"107B","sectionType":"section","heading":"Application of ch 7A—apportionable claims","content":"107B Application of ch 7A—apportionable claims\n(1) This chapter applies to apportionable claims.\n(2) An apportionable claim is—\n(a) a claim for economic loss or damage to property in an action for\ndamages (whether in tort, under contract or otherwise) arising\nfrom a failure to take reasonable care; or\n(b) a claim for economic loss or damage to property in an action for\ndamages under the Australian Consumer Law (ACT),\nsection 236 for a contravention of that law, part 3.1 (Unfair\npractices).\n(3) However, none of the following is an apportionable claim:\n(a) a claim arising out of personal injury;\n(b) a consumer claim;\n(c) a claim prescribed by regulation for this paragraph.\n(4) Also, without limiting subsection (3), none of the following is\nan apportionable claim:\n(a) a claim under the Discrimination Act 1991;\n\n(b) a claim to which the Motor Accident Injuries Act 2019, chapter 5\n(Motor accident injuries—common law damages) applies;\n(c) a claim under the Workers Compensation Act 1951.\n(5) A regulation made for subsection (3) (c) may make provision in\nrelation to their application to claims arising from acts or omissions\nthat happened before the regulation was notified.\n(6) For this chapter, there is a single apportionable claim in a proceeding\nin relation to the same loss or damage even if the claim for the loss or\ndamage is based on more than 1 cause of action (whether or not of\nthe same or a different kind).\n","sortOrder":101},{"sectionNumber":"107C","sectionType":"section","heading":"Meaning of consumer claim—ch 7A","content":"107C Meaning of consumer claim—ch 7A\n(1) A consumer claim is a claim by an individual (the claimant) relating\nto—\n(a) goods or services acquired by the claimant from a defendant, or\nthe supply of goods or services to the claimant by a defendant,\nfor the claimant’s personal, domestic or household use or\nconsumption; or\n(b) personal financial advice supplied to the claimant by a\ndefendant.\n(2) However, a claim relating to goods or services is not a consumer\nclaim if, in the course of business, the claimant holds himself or\nherself out as acquiring the goods or services from the defendant for\nthe purpose of—\n(a) resupplying them; or\n(b) using them up or transforming them in or in relation to a process\nof manufacture or production; or\n(c) repairing or treating other goods or fixtures on land.\n\nacquire—see the Australian Consumer Law (ACT), section 2 (1).\nbusiness—see the Australian Consumer Law (ACT), section 2 (1).\ngoods—see the Australian Consumer Law (ACT), section 2 (1).\nresupply, of goods acquired from a person, includes—\n(a) a supply of the goods (the first goods) to another person in an\naltered form or condition; and\n(b) a supply to another person of goods in which the first goods have\nbeen incorporated.\nservices—see the Australian Consumer Law (ACT), section 2 (1).\nsupply—see the Australian Consumer Law (ACT), section 2 (1).\n","sortOrder":102},{"sectionNumber":"107D","sectionType":"section","heading":"Concurrent wrongdoers","content":"107D Concurrent wrongdoers\n(1) For this chapter, a concurrent wrongdoer, for a claim, is 1 of 2 or\nmore people whose acts or omissions (or act or omission) caused,\nindependently of each other or jointly, the loss or damage the subject\nof the claim.\n(2) For this chapter, it does not matter that a concurrent wrongdoer is\ninsolvent, is being wound up or has ceased to exist or died.\n","sortOrder":103},{"sectionNumber":"107E","sectionType":"section","heading":"Certain wrongdoers not to have benefit of apportionment","content":"107E Certain wrongdoers not to have benefit of apportionment\n(1) This chapter does not limit the liability of a concurrent wrongdoer (an\nexcluded concurrent wrongdoer) in a proceeding involving an\napportionable claim if the concurrent wrongdoer intended to cause,\nor fraudulently caused, the economic loss or damage to property the\nsubject of the claim.\n(2) The liability of an excluded concurrent wrongdoer must be decided\nin accordance with the legal rules (if any) that, apart from this chapter,\nare relevant.\n\n(3) The liability of any other concurrent wrongdoer is to be decided in\naccordance with this chapter.\n","sortOrder":104},{"sectionNumber":"107F","sectionType":"section","heading":"Proportionate liability for apportionable claims","content":"107F Proportionate liability for apportionable claims\n(1) In a proceeding involving an apportionable claim—\n(a) the liability of a defendant who is a concurrent wrongdoer for\nthe claim is limited to an amount reflecting the proportion of the\nloss or damage claimed that the court considers just, having\nregard to the extent of the defendant’s responsibility for the loss\nor damage; and\n(b) the court must not give judgment against the defendant for more\nthan that amount.\n(2) In apportioning responsibility between defendants in the\nproceeding—\n(a) the court must exclude the proportion of the loss or damage in\nrelation to which the claimant is contributorily negligent under\nany relevant law; and\n(b) the court may consider the comparative responsibility of any\nconcurrent wrongdoer who is not a party to the proceeding.\n(3) If the proceeding involves an apportionable claim and a claim that is\nnot an apportionable claim—\n(a) liability for the apportionable claim must be decided in\naccordance with this chapter; and\n(b) liability for the other claim must be decided in accordance with\nthe legal rules (if any) that, apart from this chapter, are relevant.\n(4) This chapter applies in a proceeding involving an apportionable claim\nwhether or not all concurrent wrongdoers are parties to the\nproceeding.\n\n","sortOrder":105},{"sectionNumber":"107G","sectionType":"section","heading":"Defendant to tell claimant about concurrent wrongdoers","content":"107G Defendant to tell claimant about concurrent wrongdoers\n(a) a defendant in a proceeding involving an apportionable claim\nhas reasonable grounds to believe that a particular person\n(the other person) may be a concurrent wrongdoer for the claim;\nand\n(b) the defendant does not give the claimant, as soon as practicable,\nwritten notice of the information the defendant has about—\n(i) the identity of the other person; and\n(ii) the circumstances that may make the other person a\nconcurrent wrongdoer for the claim; and\n(c) the claimant unnecessarily incurs costs in the proceeding\nbecause the claimant did not know that the other person may be\na concurrent wrongdoer for the claim.\n(2) The court hearing the proceeding may order that the defendant pay all\nor part of the claimant’s costs.\n(3) The court may order that the costs to be paid by the defendant be\nassessed on an indemnity basis or otherwise.\n","sortOrder":106},{"sectionNumber":"107H","sectionType":"section","heading":"Contribution not recoverable from defendant","content":"107H Contribution not recoverable from defendant\nA defendant against whom judgment is given under this chapter as a\nconcurrent wrongdoer for an apportionable claim cannot be required\nto—\n(a) contribute to any damages or contribution recovered from\nanother concurrent wrongdoer for the claim (whether or not the\ndamages or contribution are recovered in the same proceeding\nin which judgment is given against the defendant); or\n(b) indemnify another concurrent wrongdoer for the claim.\n\n","sortOrder":107},{"sectionNumber":"107I","sectionType":"section","heading":"Subsequent proceeding by claimant","content":"107I Subsequent proceeding by claimant\n(1) This chapter (or any other law) does not prevent a claimant for an\napportionable claim who has recovered judgment against a\nconcurrent wrongdoer for an apportionable part of any loss or damage\nfrom bringing a subsequent proceeding against any other concurrent\nwrongdoer for the loss or damage.\n(2) However, in any subsequent proceeding the claimant cannot recover\nan amount of damages that, having regard to any damages previously\nrecovered by the claimant for the loss or damage, would result in the\nclaimant receiving compensation for loss or damage that is more than\nthe loss or damage actually sustained by the claimant.\n","sortOrder":108},{"sectionNumber":"107J","sectionType":"section","heading":"Including non-party concurrent wrongdoer","content":"107J Including non-party concurrent wrongdoer\n(1) In a proceeding in a court involving an apportionable claim, any\nnumber of people may be included as defendants.\n(2) However, a person may be included as a defendant only with the\ncourt’s leave.\n(3) The court must not give leave for a person to be included as a\ndefendant if the person was a party to a previously concluded\nproceeding in relation to the claim.\n","sortOrder":109},{"sectionNumber":"107K","sectionType":"section","heading":"Ch 7A does not affect certain other liability","content":"107K Ch 7A does not affect certain other liability\nThis chapter does not—\n(a) prevent a person from being held vicariously liable for a\nproportion of an apportionable claim for which someone else is\nliable; or\n(b) prevent a person from being held jointly and severally liable for\nthe damages awarded against someone else as agent of the\nperson; or\n\n(c) prevent a partner from being held severally liable with another\npartner for the proportion of an apportionable claim for which\nthe other partner is liable; or\n(d) affect the operation of any other Act to the extent that the other\nAct imposes several liability on anyone for what would\notherwise be an apportionable claim.\n\nLiability of public and other authorities Chapter 8\n","sortOrder":110},{"sectionNumber":"Part 8","sectionType":"part","heading":"Liability of public and other","content":"Chapter 8 Liability of public and other\nauthorities\n","sortOrder":111},{"sectionNumber":"108","sectionType":"section","heading":"Application—ch 8","content":"108 Application—ch 8\n(1) This chapter applies in relation to civil liability in tort.\n(2) This chapter extends to any such liability even if the damages are\nsought in an action for breach of contract or any other action.\n(3) However, this chapter does not apply to—\n(a) a claim to which the Motor Accident Injuries Act 2019, chapter\n5 (Motor accident injuries—common law damages) applies; or\n(b) a claim under the Workers Compensation Act 1951.\n","sortOrder":112},{"sectionNumber":"109","sectionType":"section","heading":"Definitions—ch 8","content":"109 Definitions—ch 8\nduty of care means a duty to take reasonable care or to exercise\nreasonable skill (or both).\npublic or other authority means any of the following:\n(a) the Territory;\n(b) an administrative unit;\n(c) a territory authority;\n(d) an entity prescribed by regulation for this paragraph;\n(e) any entity so far as the entity exercises a function prescribed by\nregulation for this paragraph.\n\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Principles about resources, responsibilities etc of public","content":"110 Principles about resources, responsibilities etc of public\nor other authorities\nThe following principles apply in deciding in a proceeding whether a\npublic or other authority has a duty of care or has breached a duty of\ncare:\n(a) the functions required to be exercised by the authority are\nlimited by the financial and other resources reasonably available\nto the authority for exercising the functions;\n(b) the general allocation of the resources by the authority is not\nopen to challenge;\n(c) the functions required to be exercised by the authority are to be\ndecided by reference to the broad range of its activities (and not\nonly by reference to the matter to which the proceeding relates);\n(d) the authority may rely on evidence of its compliance with the\ngeneral procedures and applicable standards for the exercise of\nits functions as evidence of the proper exercise of its functions\nin the matter to which the proceeding relates.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Proceedings against public or other authorities based on","content":"111 Proceedings against public or other authorities based on\nbreach of statutory duty\n(1) This section applies to a proceeding based on a claimed breach of a\nstatutory duty by a public or other authority (the defendant authority)\nin relation to the exercise of, or a failure to exercise, a function of the\ndefendant authority.\n(2) For the proceeding, an act or omission of the defendant authority is a\nbreach of statutory duty only if the act or omission was in the\ncircumstances so unreasonable that no authority having the functions\nof the defendant authority could properly consider the act or omission\nto be a reasonable exercise of its functions.\n(3) For a function of a public or other authority to prohibit or regulate an\nactivity, this section applies in addition to section 112.\n\nLiability of public and other authorities Chapter 8\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"When public or other authority not liable for failure to","content":"112 When public or other authority not liable for failure to\nexercise regulatory functions\n(1) A public or other authority is not liable in a proceeding so far as the\nclaim in the proceeding is based on the failure of the authority to\nexercise, or to consider exercising, a function of the authority to\nprohibit or regulate an activity if the authority could not have been\nrequired to exercise the function in a proceeding begun by the\nclaimant.\n(2) Without limiting what is a function to regulate an activity for this\nsection, a function to issue a licence, permit or other authority in\nrelation to an activity, or to register or otherwise authorise a person\nin relation to an activity, is a function to regulate the activity.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Special nonfeasance protection in relation to roads etc","content":"113 Special nonfeasance protection in relation to roads etc\n(1) A public or other authority is not liable in a proceeding for harm\narising from a failure of the authority to maintain, repair or renew a\nroad, or to consider maintaining, repairing or renewing a road, unless\nat the time of the claimed failure the authority knew, or ought\nreasonably to have had known, of the particular risk the\nmaterialisation of which resulted in the harm.\n(2) This section does not operate—\n(a) to create a duty of care in relation to a risk only because the\nauthority has actual knowledge of the risk; or\n(b) to affect any standard of care that would otherwise apply in\nrelation to a risk.\nroad means a street, road, lane, cyclepath, footpath or paved area that\nis open to, or used by, the public.\n\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Exercise of function or decision to exercise does not","content":"114 Exercise of function or decision to exercise does not\ncreate duty\nThe fact that a public or other authority exercises or decides to\nexercise a function does not of itself indicate that the authority is\nunder a duty to exercise the function or that the function should be\nexercised in particular circumstances or in a particular way.\n\nDefinitions and application—ch 8A Part 8A.1\n","sortOrder":118},{"sectionNumber":"Part 8A","sectionType":"part","heading":"1 Definitions and application—","content":"Part 8A.1 Definitions and application—\nch 8A\n","sortOrder":119},{"sectionNumber":"114A","sectionType":"section","heading":"Meaning of child abuse claim","content":"114A Meaning of child abuse claim\nIn this Act:\nchild abuse claim, by or on behalf of a person, means a claim in\nrelation to a personal injury that arises from child abuse to which the\nperson was subjected when the person was a child.\n114AA Meaning of child abuse—ch 8A\n(1) In this chapter:\nchild abuse means physical abuse or sexual abuse of a child.\nphysical abuse does not include conduct that is justified or excused\nunder a law applying in the Territory.\nsexual abuse, of a child, includes any of the following involving the\nchild:\n(a) an offence of a sexual nature;\n(b) misconduct of a sexual nature.\n114B Meaning of related trust—ch 8A\n(1) In this chapter:\nrelated trust, in relation to an unincorporated body, means a trust\ncontrolled by the unincorporated body which the body uses to\nconduct the body’s activities.\n\nPart 8A.1 Definitions and application—ch 8A\n(2) For this section, a related trust is controlled by an unincorporated\nbody if—\n(a) the body has direct or indirect power to control the application\nof income, or the distribution of the property, of the trust; or\n(b) the body has direct or indirect power to obtain the beneficial\nenjoyment of the property or income of the trust, with or without\nthe consent of any other entity; or\n(c) the body has direct or indirect power to appoint or remove a\ntrustee of the trust; or\n(d) the body has direct or indirect power to appoint or remove\nbeneficiaries of the trust; or\n(e) the trustee of the trust is accustomed or under an obligation,\nwhether formal or informal, to act according to the directions,\ninstructions or wishes of the body; or\n(f) the body has direct or indirect power to decide the outcome of\nany other decision about the trust’s operations; or\n(g) a member of the body has, under the trust deed for the trust, a\npower mentioned in paragraphs (a) to (f).\n114BA Time when child abuse etc happens\nThis chapter applies in relation to child abuse or alleged child abuse\nof a person who is the subject of a child abuse claim, regardless of\nwhen the abuse or alleged abuse happened.\n\nLiability of organisations Part 8A.1A\n114BB Definitions—pt 8A.1A\nemployee, of an organisation—see section 114BC.\norganisation includes the following:\n(a) an administrative unit;\n(b) a territory authority;\n(c) an unincorporated body.\nresponsible, for a child—see section 114BD.\n114BC Meaning of employee—pt 8A.1A\nemployee, of an organisation, includes an individual who is akin to\nan employee of the organisation.\n(2) For this section, an individual is akin to an employee of an\norganisation if—\n(a) the individual carries out activities that are—\n(i) a part of the ordinary activities carried out by the\norganisation; and\n(ii) for the benefit of the organisation; or\n(b) a circumstance prescribed by regulation applies to the\nindividual.\n(3) A regulation under subsection (2) (b) may also prescribe a\ncircumstance in which an individual is not akin to an employee if the\ncircumstance applies to the individual.\n\n114BD Organisations that are responsible for child\n(1) An organisation is responsible for a child if it, including any part of\nit, exercises care, supervision or authority over the child.\n(2) If an organisation, including any part of it, delegates the exercise of\ncare, supervision or authority over the child to another organisation,\nin whole or in part, each organisation is responsible for the child.\n114BE Organisations vicariously liable for child abuse\nperpetrated by employees\n(1) An organisation that is responsible for a child is vicariously liable for\nchild abuse perpetrated against the child by an employee of the\norganisation if—\n(a) the apparent performance by the employee of a role in which the\norganisation placed the employee supplies the occasion for the\nperpetration of the child abuse by the employee; and\n(b) the employee takes advantage of the occasion to perpetrate the\nchild abuse.\n(2) In determining whether the apparent performance by the employee of\na role in which the organisation placed the employee supplied the\noccasion for the perpetration of child abuse against a child, a court\nmust take into account whether the organisation placed the employee\nin a position in which the employee has one or more of the following:\n(a) authority, power or control over the child;\n(b) the trust of the child;\n(c) the ability to achieve intimacy with the child.\n(3) This section does not affect, and is in addition to, the common law in\nrelation to vicarious liability.\n\nPart 8A.2 Institutional child abuse—\nproceedings against\nunincorporated bodies\n","sortOrder":120},{"sectionNumber":"114C","sectionType":"section","heading":"Unincorporated bodies","content":"114C Unincorporated bodies\n(1) This part applies to an unincorporated body regardless of whether the\nbody has—\n(a) a written constitution or fixed membership; or\n(b) any other particular attribute.\n(2) Anything an unincorporated body may do, or is required to do, under\nthis part may be done by any management member of the body.\nmanagement member, of an unincorporated body, means—\n(a) a member of the body’s management committee (however\ndescribed); or\n(b) if the body does not have a management committee—a person\nwho takes part in, or who could take part in or exercise control\nover, the management of the body, regardless of the person’s\ntitle or position.\n","sortOrder":121},{"sectionNumber":"114D","sectionType":"section","heading":"Unincorporated body may nominate defendant","content":"114D Unincorporated body may nominate defendant\n(a) a person brings, or wishes to bring, a child abuse claim against\nan unincorporated body; and\n(b) but for being unincorporated, the unincorporated body would be\ncapable of being sued.\n\n(2) The unincorporated body may, with the nominee’s consent, nominate\nan entity that is capable of being sued to act as the defendant for the\nunincorporated body in a proceeding for the child abuse claim.\n(3) If a proceeding for the child abuse claim has started before the\nunincorporated body has made a nomination, unless the court\notherwise orders, a nomination may be made no later than 120 days\nafter the day the proceeding started.\n(4) If an unincorporated body makes a nomination under\nsubsection (2)—\n(a) the child abuse claim may be brought against the nominee; and\n(b) the nominee is taken to be the defendant for the body in the\nproceeding for the claim for all purposes; and\n(c) the court may find the nominee liable, on behalf of the body, for\nany amount that the body would have been liable for if the body\nwere incorporated and capable of being sued.\n","sortOrder":122},{"sectionNumber":"114E","sectionType":"section","heading":"Court may appoint related trust as defendant","content":"114E Court may appoint related trust as defendant\n(a) a proceeding for a child abuse claim against an unincorporated\nbody has started and the body has not made a nomination under\nsection 114D (2) within 120 days after the day the proceeding\nstarted; or\n(b) an unincorporated body nominates an entity under section 114D\n(2) in relation to a child abuse claim and the nominated entity—\n(i) is not capable of being sued; or\n(ii) does not have sufficient assets or property to meet any\njudgment or order that may be made against it in relation\nto the claim.\n\n(2) The plaintiff in a proceeding for the child abuse claim may apply to\nthe court for an order that a related trust be appointed as the defendant\nfor the unincorporated body in the proceeding.\n(3) If the plaintiff makes an application under subsection (2), the\nunincorporated body must, within 28 days of the application being\nmade, notify the court about—\n(a) any related trusts in relation to the body; and\n(b) the financial capacity of each trust.\n(4) The court may appoint 1 or more related trusts notified under\nsubsection (3), or other related trusts in relation to the unincorporated\nbody, as the defendant for the body in the proceeding.\n(5) If the court makes an appointment under subsection (4)—\n(a) the child abuse claim may be brought or continued against the\nappointee; and\n(b) the appointee is taken to be the defendant for the unincorporated\nbody in the proceeding for the claim for all purposes; and\n(c) anything done by the unincorporated body is taken to have been\ndone by the appointee; and\n(d) any duty or obligation of the unincorporated body in relation to\nthe proceeding is a duty or obligation owed by the appointee;\nand\n(e) the court may find the appointee liable, on behalf of the\nunincorporated body, for any amount that the body would have\nbeen liable for if the body were incorporated and capable of\nbeing sued.\n\n","sortOrder":123},{"sectionNumber":"114F","sectionType":"section","heading":"Proceedings may be commenced before nomination or","content":"114F Proceedings may be commenced before nomination or\nappointment\n(1) A proceeding for a child abuse claim may be commenced or\ncontinued against an unincorporated body in the name of the body\nbefore—\n(a) a nomination under section 114D (2) is made; or\n(b) an appointment is made under section 114E (4).\n(2) If a proceeding is commenced or continued under subsection (1)\nagainst the unincorporated body, the court may make any\ninterlocutory orders it considers appropriate against the body as if it\nwere incorporated and capable of being sued.\n(3) The nomination or appointment of an entity as a defendant for the\nunincorporated body in a proceeding for a child abuse claim does not\nrelieve the body, or any member of the body, from any obligation\nunder an order under subsection (2).\n","sortOrder":124},{"sectionNumber":"114G","sectionType":"section","heading":"Liability of trustee if nominated or appointed as","content":"114G Liability of trustee if nominated or appointed as\ndefendant\n(1) This section applies if a related trust is nominated or appointed under\nthis part as the defendant for an unincorporated body in a proceeding\nfor a child abuse claim.\n(2) Despite any territory law or anything in the trust deed, the trustee of\nthe related trust may—\n(a) accept liability in relation to the child abuse claim; and\n(b) if nominated as defendant—consent to the nomination; and\n(c) give the court any information about the trust that may be\nrequired for this part including information about the trust’s\nfinancial capacity; and\n\n(d) if the trust is found liable, or the trustee accepts liability, in\nrelation to the claim—\n(i) apply trust property to pay the liability; and\n(ii) be indemnified out of the trust property of the trust in\nrelation to the payment of the liability regardless of any\nlimitation on any right of indemnity the trustee may have.\n(3) A trustee of a related trust is not liable under this part—\n(a) for an amount more than the total value of the trust property; or\n(b) for breach of trust only because of exercising a power under this\npart or complying with this part.\n(4) This section is declared to be a corporations legislation displacement\nprovision for the Corporations Act, section 5G (Avoiding direct\ninconsistency arising between the Corporations legislation and State\nand Territory laws).\nNote Subsection (4) ensures that any provision of the Corporations Act or the\nAustralian Securities and Investments Commission Act 2001 (Cwlth)\nwith which this section would otherwise be inconsistent does not apply\nto the extent necessary to avoid the inconsistency.\nliability, in relation to a child abuse claim, includes—\n(a) any unpaid judgment debt arising from the proceeding for the\nclaim; and\n(b) any amount paid in settlement of the proceeding; and\n(c) any costs associated with the proceeding.\ntrustee, of a related trust, if the trustee is a corporation, includes any\ncorporator, member or director of the corporation.\n\n","sortOrder":125},{"sectionNumber":"114H","sectionType":"section","heading":"Defendant may rely on defences and immunities etc","content":"114H Defendant may rely on defences and immunities etc\n(1) In a proceeding for a child abuse claim, a defendant for an\nunincorporated body nominated under section 114D (2), or appointed\nunder section 114E (4)—\n(a) may rely on any defence or immunity the body would have been\nable to rely on had the body been incorporated and capable of\nbeing sued; and\n(b) is entitled to be indemnified under any policy of insurance in\nrelation to the claim that the body would have been indemnified\nunder had the body been incorporated and capable of being sued.\n(2) Nothing in subsection (1) (b) excludes an unincorporated body from\nany coverage or indemnity of the body under an insurance policy in\nrelation to a child abuse claim.\n\nInstitutional child abuse—setting aside abuse settlement agreements Part 8A.3\nPart 8A.3 Institutional child abuse—setting\naside abuse settlement\nagreements\n","sortOrder":126},{"sectionNumber":"114I","sectionType":"section","heading":"Object—pt 8A.3","content":"114I Object—pt 8A.3\nThe object of this part is to provide a way, for a person who is the\nsubject of a child abuse claim because the person suffered child abuse,\nto seek to have an abuse settlement agreement set aside if—\n(a) when the agreement was made there were legal barriers to the\nperson being fully compensated through a legal cause of action;\nor\n(b) when the agreement is sought to be set aside the agreement is,\nin all the circumstances, not a just and reasonable agreement.\n","sortOrder":127},{"sectionNumber":"114J","sectionType":"section","heading":"Definitions—pt 8A.3","content":"114J Definitions—pt 8A.3\nabuse settlement agreement means an agreement—\n(a) that settles a child abuse claim and prevents the exercise of an\naction on a cause of action to which the Limitation Act 1985,\nsection 21C (Personal injury resulting from child abuse) applies;\nand\n(b) that—\n(i) happened before the commencement of the Limitation\nAct 1985, section 21C, and at a time when a limitation\nperiod applying to the cause of action had ended; or\n(ii) happened before the commencement of this part, and the\nagreement is not just and reasonable in the circumstances;\nor\n\nPart 8A.3 Institutional child abuse—setting aside abuse settlement agreements\n(iii) happened before the commencement of part 8A.1A, and\nthe child abuse claim involved child abuse by a person who\nwould have been an employee of an organisation if that\npart had been in force when the agreement was made.\napplicant—see section 114K (1).\n(2) For the definition of abuse settlement agreement, a limitation period\nthat ended at a particular time is taken to have ended even if it were\npossible to seek the leave of a court to extend the period at the time\nthe period ended.\n","sortOrder":128},{"sectionNumber":"114K","sectionType":"section","heading":"Court may set aside abuse settlement agreement","content":"114K Court may set aside abuse settlement agreement\n(1) This section applies if a person (the applicant) is prevented from\nexercising an action on a cause of action because of an abuse\nsettlement agreement.\n(2) The applicant may—\n(a) begin a proceeding on the cause of action in a court with\njurisdiction to hear the proceeding; and\n(b) apply to the court to set aside the agreement.\n(3) The court may set aside the agreement if the court is satisfied that—\n(a) when the agreement was made there were legal barriers to the\nperson being fully compensated through a legal cause of action;\nor\n(b) when the application is made to set aside the agreement, the\nagreement is, in all the circumstances, not a just and reasonable\nagreement.\n(4) The court may consider the following in deciding whether to set aside\nthe agreement:\n(a) the amount paid to the applicant under the agreement;\n(b) the bargaining position of the parties to the agreement;\n\nInstitutional child abuse—setting aside abuse settlement agreements Part 8A.3\n(c) the conduct of the following people in relation to the agreement:\n(i) a party other than the applicant;\n(ii) a legal representative of a party other than the applicant;\n(d) any other matter the court considers relevant.\n(5) The Evidence Act 2011, section 131 (1) (Exclusion of evidence of\nsettlement negotiations) does not prevent evidence being adduced in\na proceeding begun under this section, even if the evidence is of a\ncommunication made, or a document prepared, in connection with an\nattempt to negotiate a settlement of the dispute to which the\nagreement relates.\n","sortOrder":129},{"sectionNumber":"114L","sectionType":"section","heading":"Court may also set aside other things","content":"114L Court may also set aside other things\n(1) If the court decides to set aside an abuse settlement agreement under\nthis part, it may also set aside any of the following that gives effect to\nthe agreement:\n(a) a contract, deed or other agreement;\n(b) an order or judgment of the court or of a lower court.\n(2) However, the court must not set aside the following:\n(a) a deed of release signed by or on behalf of the applicant in\nacceptance of an offer under the national redress scheme and an\nagreement relating to a relevant prior payment that has been\ntaken into account in the offer;\n(b) an agreement to the extent to which—\n(i) the agreement settled a cross-claim between 2 or more\ndefendants; or\n(ii) one defendant indemnified another;\n(c) a contract of insurance.\n\nPart 8A.3 Institutional child abuse—setting aside abuse settlement agreements\nnational redress scheme means the National Redress Scheme for\nInstitutional Child Sexual Abuse established under the National\nRedress Scheme for Institutional Child Sexual Abuse Act 2018\n(Cwlth), section 8.\n","sortOrder":130},{"sectionNumber":"114M","sectionType":"section","heading":"Effect of setting aside abuse settlement agreement","content":"114M Effect of setting aside abuse settlement agreement\n(1) A court may set aside an abuse settlement agreement or anything else\nin accordance with this part only to the extent that it relates to the\napplicant.\n(2) An agreement and anything else set aside in accordance with this part\nis void but only to the extent that it relates to the applicant.\n(3) An amount paid, including legal costs or disbursements, or other\nconsideration given under the agreement—\n(a) is not recoverable despite the agreement being void; and\n(b) may be taken into account by a court in deciding damages in a\nproceeding on a cause of action to which the agreement relates.\n\n","sortOrder":131},{"sectionNumber":"115","sectionType":"section","heading":"Objects—ch 9","content":"115 Objects—ch 9\nThe objects of this chapter are—\n(a) to enact provisions to promote uniform laws of defamation in\nAustralia; and\n(b) to ensure that the law of defamation does not place unreasonable\nlimits on freedom of expression and, in particular, on the\npublication and discussion of matters of public interest and\nimportance; and\n(c) to provide effective and fair remedies for persons whose\nreputations are harmed by the publication of defamatory matter;\nand\n(d) to promote speedy and non-litigious methods of resolving\ndisputes about the publication of defamatory matter.\nNote The Human Rights Act 2004 provides for the following human rights that\nare particularly relevant to this chapter:\n• privacy and reputation (see s 12)\n• freedom of expression (see s 16).\nUnder the Human Rights Act 2004, s 28 human rights may be subject only\nto reasonable limits set by territory laws that can be demonstrably\njustified in a free and democratic society.\n\n","sortOrder":132},{"sectionNumber":"116","sectionType":"section","heading":"Definitions—ch 9","content":"116 Definitions—ch 9\naccess prevention step, in relation to the publication of digital matter,\nmeans a step—\n(a) to remove the matter; or\n(b) to block, disable or otherwise prevent access, whether by some\nor all people, to the matter.\naggrieved person, for division 9.3.1 (Concerns notices and offers to\napplicable period, for an offer to make amends, for division 9.3.1\n(Concerns notices and offers to make amends)—see section 126.\nassociated entity—see the Corporations Act, section 50AAA.\nAustralian court means any court established by or under a law of an\nAustralian jurisdiction (including a court conducting committal\nproceedings for an indictable offence).\nAustralian jurisdiction means—\n(a) a State; or\n(b) a Territory; or\n(c) the Commonwealth.\nAustralian tribunal means any tribunal (other than a court)\nestablished by or under a law of an Australian jurisdiction that has the\npower to take evidence from witnesses before it on oath (including a\nroyal commission or other special commission of inquiry).\nNote Oath includes affirmation and take an oath includes make an affirmation\n(see Legislation Act, dict, pt 1).\ncaching service, for division 9.2.2A (Exemptions from liability for\n\nconcerns notice, for division 9.3.1 (Concerns notices and offers to\nmake amends)—see section 124A.\nconduit service, for division 9.2.2A (Exemptions from liability for\ncountry includes—\n(a) a federation and a state, territory, province or other part of a\nfederation; and\n(b) an Australian jurisdiction.\ndigital intermediary, in relation to the publication of digital matter,\nmeans a person, other than an author, originator or poster of the\nmatter, who provides or administers the online service by means of\nwhich the matter is published.\nNote There may be more than 1 digital intermediary in relation to the\npublication of the same digital matter.\ndigital matter means matter published in electronic form by means of\nan online service.\ndocument means any record of information, and includes—\n(a) anything on which there is writing; and\n(b) anything on which there are marks, figures, symbols or\nperforations having a meaning for persons qualified to interpret\nthem; and\n(c) anything from which sounds, images or writings can be\nreproduced with or without the aid of anything else; and\n(d) a map, plan, drawing or photograph.\nelectronic communication includes a communication of information\nin the form of data, text, images or sound (or any combination of\nthese) by means of guided or unguided electromagnetic energy, or\n\nexcluded corporation—see section 121.\nfurther particulars notice, for division 9.3.1 (Concerns notices and\noffers to make amends)—see section 124A (3).\ngeneral law means the common law and equity.\nmatter includes—\n(a) an article, report, advertisement or other thing communicated by\nmeans of a newspaper, magazine or other periodical; and\n(b) a program, report, advertisement or other thing communicated\nby means of television, radio, the internet or any other form of\nelectronic communication; and\n(c) a letter, note or other writing; and\n(d) a picture, gesture or oral utterance; and\n(e) any other thing by means of which something may be\ncommunicated to a person.\nmatter in question, for division 9.3.1 (Concerns notices and offers to\noffer to make amends means an offer to make amends under\ndivision 9.3.1.\nonline service means a service provided to a person, whether or not\nit is requested or it is for a fee or reward, to enable the person to use\nthe internet, including, without limitation, a service enabling a\nperson—\n(a) to access or connect to the internet; or\n(b) to use the internet to do 1 or more of the following:\n(i) send or receive content;\n(ii) store content;\n(iii) index content;\n\n(iv) search for content;\n(v) share content;\n(vi) interact with other people.\n1 an internet-based social media platform\n2 a forum created or administered by a person using a facility provided by an\ninternet-based social media platform that enables users to share content or\ninteract with other users about a topic\n3 a website or other internet-based platform that enables knowledge to be shared\nby or with its users\nparliamentary body means—\n(a) a parliament or legislature of any country; or\n(b) a house of a parliament or legislature of any country; or\n(c) a committee of a parliament or legislature of any country; or\n(d) a committee of a house or houses of a parliament or legislature\nof any country.\nposter, in relation to the publication of digital matter, means a person\nwho uses the online service by means of which the matter is published\nfor the purpose of communicating the matter to 1 or more other\npeople.\npublisher, for division 9.3.1 (Concerns notices and offers to make\namends)—see section 124.\nsearch engine, for division 9.2.2A (Exemptions from liability for\nsearch engine provider, for a search engine, for division 9.2.2A\n(Exemptions from liability for digital intermediaries)—see\nsection 122B.\nsearch result, for division 9.2.2A (Exemptions from liability for\n\nstorage service, for division 9.2.2A (Exemptions from liability for\nsubstantially true means true in substance or not materially different\nfrom the truth.\nthis jurisdiction means the Territory.\n","sortOrder":133},{"sectionNumber":"117","sectionType":"section","heading":"Ch 9 binds Crown","content":"117 Ch 9 binds Crown\nNote The Legislation Act, s 121 deals with the binding effect of Acts.\n\nDefamation and the general law Division 9.2.1\n","sortOrder":134},{"sectionNumber":"Div 9","sectionType":"division","heading":"2.1 Defamation and the general law","content":"Division 9.2.1 Defamation and the general law\n","sortOrder":135},{"sectionNumber":"118","sectionType":"section","heading":"Tort of defamation","content":"118 Tort of defamation\n(1) This chapter relates to the tort of defamation at general law.\n(2) This chapter does not affect the operation of the general law in\nrelation to the tort of defamation except to the extent that this Act\nprovides otherwise (whether expressly or by necessary implication).\n(3) Without limiting subsection (2), the general law as it is from time to\ntime applies for the purposes of this Act as if this chapter as in force\nimmediately before the commencement of this section had never been\nenacted.\n","sortOrder":136},{"sectionNumber":"119","sectionType":"section","heading":"Distinction between slander and libel abolished","content":"119 Distinction between slander and libel abolished\n(1) The distinction at general law between slander and libel remains\nabolished.\n(2) Accordingly, the publication of defamatory matter of any kind is\nactionable without proof of special damage.\n","sortOrder":137},{"sectionNumber":"120","sectionType":"section","heading":"Single cause of action for multiple defamatory","content":"120 Single cause of action for multiple defamatory\nimputations in same matter\nA person has a single cause of action for defamation in relation to the\npublication of defamatory matter about the person even if more than\n1 defamatory imputation about the person is carried by the matter.\n\n","sortOrder":138},{"sectionNumber":"121","sectionType":"section","heading":"Certain corporations do not have cause of action for","content":"121 Certain corporations do not have cause of action for\ndefamation\n(1) A corporation has no cause of action for defamation in relation to the\npublication of defamatory matter about the corporation unless it was\nan excluded corporation at the time of the publication.\n(2) A corporation is an excluded corporation if—\n(a) the objects for which it is formed do not include obtaining\nfinancial gain for its members or corporators; or\n(b) it has fewer than 10 employees and is not an associated entity of\nanother corporation;\nand the corporation is not a public body.\n(3) In counting employees for the purposes of subsection (2) (b),\npart-time employees are to be taken into account as an appropriate\nfraction of a full-time equivalent.\n(5) Subsection (1) does not affect any cause of action for defamation that\nan individual associated with a corporation has in relation to the\npublication of defamatory matter about the individual even if the\npublication of the same matter also defames the corporation.\ncorporation includes any body corporate or corporation constituted\nby or under a law of any country (including by exercise of a\nprerogative right), whether or not a public body.\nemployee, in relation to a corporation, includes any individual\n(whether or not an independent contractor) who is—\n(a) engaged in the day-to-day operations of the corporation other\nthan as a volunteer; and\n(b) subject to the control and direction of the corporation.\npublic body means a local government body or other governmental\nor public authority constituted by or under a law of any country.\n\nCauses of action for defamation Division 9.2.2\n","sortOrder":139},{"sectionNumber":"122","sectionType":"section","heading":"No cause of action for defamation of, or against,","content":"122 No cause of action for defamation of, or against,\ndeceased persons\n(1) A person (including a personal representative of a deceased person)\ncannot assert, continue or enforce a cause of action for defamation in\nrelation to—\n(a) the publication of defamatory matter about a deceased person\n(whether published before or after his or her death); or\n(b) the publication of defamatory matter by a person who has died\nsince publishing the matter.\n(2) Subsection (1) does not prevent a court, if it considers it in the\ninterests of justice to do so, from determining the question of costs\nfor proceedings discontinued because of the subsection.\n","sortOrder":140},{"sectionNumber":"122A","sectionType":"section","heading":"Serious harm element of cause of action for defamation","content":"122A Serious harm element of cause of action for defamation\n(1) It is an element (the serious harm element) of a cause of action for\ndefamation that the publication of defamatory matter about a person\nhas caused, or is likely to cause, serious harm to the reputation of the\n(2) For subsection (1), harm to the reputation of an excluded corporation\nis not serious harm unless it has caused, or is likely to cause, the\ncorporation serious financial loss.\n(3) The judicial officer in defamation proceedings is to determine\nwhether the serious harm element is established.\n(4) Without limiting subsection (3), the judicial officer may (whether on\nthe application of a party or on the judicial officer’s own motion)—\n(a) determine whether the serious harm element is established at\nany time before the trial for the proceedings commences or\nduring the trial; and\n\n(b) make any orders the judicial officer considers appropriate\nconcerning the determination of the issue (including dismissing\nthe proceedings if satisfied the element is not established).\n(5) If a party applies for the serious harm element to be determined before\nthe trial for the proceedings commences, the judicial officer must\ndetermine the issue as soon as practicable before the trial commences\nunless satisfied that there are special circumstances justifying the\npostponement of the determination to a later stage of the proceedings\n(including during the trial).\n(6) The matters a judicial officer may take into account in deciding\nwhether there are special circumstances for subsection (5) include\n(but are not limited to) the following:\n(a) the cost implications for the parties;\n(b) the resources available to the court at the time;\n(c) the extent to which establishing the serious harm element is\nlinked to other issues for determination during the trial for the\nproceedings.\n(7) Without limiting subsection (5), the judicial officer may determine\nthe serious harm element is not established on the pleadings without\nthe need for further evidence if satisfied that the pleaded particulars\nare insufficient to establish the element.\n(8) Nothing in this section limits the powers that a judicial officer may\nhave apart from this section to dismiss defamation proceedings\n(whether before or after the trial commences).\n\nExemptions from liability for digital intermediaries Division 9.2.2A\nDivision 9.2.2A Exemptions from liability for digital\nintermediaries\n","sortOrder":141},{"sectionNumber":"122B","sectionType":"section","heading":"Definitions—div 9.2.2A","content":"122B Definitions—div 9.2.2A\nIn this division:\ncaching service means an online service whose principal function is\nto provide automatic, intermediate and temporary storage of content\nfor the purpose of making the onward electronic transmission of the\ncontent more efficient for its users.\na service for temporarily and automatically storing files that are most frequently\ndownloaded by users of a website to speed up the download time for the files\nconduit service means an online service whose principal function is\nto enable its users to access or use networks or other infrastructure to\nconnect to, or send or receive data by means of, the internet.\n1 a service provided by an internet service provider enabling its users to connect\nto the internet\n2 an internet-based service enabling its users to send emails or send text\nmessages to other people\nsearch engine means a software application or system designed to\nenable its users to search for content on the internet.\nsearch engine provider, for a search engine, means a person who\nmaintains, or provides users with access to the search functions of,\nthe search engine.\nsearch result means a result generated by a search engine that is\nlimited to identifying a webpage on which content is located by\nreference to 1 or more of the following:\n(a) the title of the webpage;\n(b) a hyperlink to the webpage;\n\n(c) an extract from the webpage;\n(d) an image from the webpage.\nstorage service means an online service, other than a caching service,\nwhose principal function is to enable its users to store content\nremotely.\nan internet-based cloud service enabling its users to store documents, videos or\nphotographs for later retrieval\n","sortOrder":142},{"sectionNumber":"122C","sectionType":"section","heading":"Exemption for digital intermediaries providing caching,","content":"122C Exemption for digital intermediaries providing caching,\nconduit or storage services\n(1) A digital intermediary is not liable for defamation for the publication\nof digital matter if the intermediary proves—\n(a) the matter was published using 1 or more of the following\nservices provided by the intermediary:\n(i) a caching service;\n(ii) a conduit service;\n(iii) a storage service; and\n(b) the intermediary’s role in the publication was limited to\nproviding 1 or more of the services mentioned in paragraph (a);\nand\n(c) the intermediary did not do any of the following:\n(i) initiate the steps required to publish the matter;\n(ii) select any of the recipients of the matter;\n(iii) encourage the poster of the matter to publish the matter;\n(iv) edit the content of the matter, whether before or after it was\npublished;\n\nExemptions from liability for digital intermediaries Division 9.2.2A\n(v) promote the matter, whether before or after it was\n(2) Subsection (1) (c) does not apply in relation to action taken because\nit is required by or under a law of an Australian jurisdiction or an\norder of an Australian court or Australian tribunal.\naction taken to comply with a code of conduct or other document regulating conduct\nthat a digital intermediary is required to comply with by a law of an Australian\njurisdiction\n(3) Subsection (1) applies regardless of whether the digital intermediary\nknew, or ought reasonably to have known, the digital matter was\ndefamatory.\n","sortOrder":143},{"sectionNumber":"122D","sectionType":"section","heading":"Exemption for search engine providers","content":"122D Exemption for search engine providers\n(1) A search engine provider for a search engine is not liable for\ndefamation for—\n(a) the publication of digital matter comprised of search results if\nthe provider’s role was limited to providing an automated\nprocess for the user of the search engine to generate the results;\nor\n(b) the publication of digital matter to which the search results\nprovide a hyperlink if the provider’s role in the publication of\nthe matter is limited to the role mentioned in paragraph (a).\n(2) Subsection (1) does not apply in relation to search results, or to digital\nmatter to which the search results provide hyperlinks, to the extent\nthe results are promoted or prioritised by the search engine provider\nbecause of a payment or other benefit given to the provider by or on\nbehalf of a third party.\n(3) Subsection (1) applies regardless of whether the search engine\nprovider knew, or ought reasonably to have known, the digital matter\nwas defamatory.\n\n","sortOrder":144},{"sectionNumber":"122E","sectionType":"section","heading":"Early determination of digital intermediary exemptions","content":"122E Early determination of digital intermediary exemptions\n(1) The judicial officer in defamation proceedings—\n(a) is to determine whether a defendant has a digital intermediary\nexemption; and\n(b) is to determine whether a digital intermediary exemption is\nestablished as soon as practicable before the trial for the\nproceedings commences unless satisfied that there are good\nreasons to postpone the determination to a later stage of the\nproceedings; and\n(c) may make any orders the judicial officer considers appropriate\nconcerning the determination of the issue, including dismissing\nthe proceedings if satisfied the digital intermediary exemption is\nestablished.\n(2) Without limiting subsection (1)—\n(a) the following matters are relevant in deciding whether there are\ngood reasons to postpone the determination of whether a digital\nintermediary exemption is established to a later stage of the\nproceedings:\n(i) the cost implications for the parties;\n(ii) the resources available to the court at the time;\n(iii) the extent to which technical or scientific issues are raised\nin the proceedings;\n(iv) the extent to which establishing the digital intermediary\nexemption is linked to other issues for determination\nduring the trial for the proceedings; and\n(b) the judicial officer may determine a digital intermediary\nexemption is established on the pleadings without the need for\nfurther evidence if satisfied that the pleaded particulars are\nsufficient to establish the exemption.\n\nChoice of law Division 9.2.3\n(3) Nothing in this section limits the powers that a judicial officer may\nhave apart from this section to dismiss defamation proceedings,\nwhether before or after the trial for the proceedings commences.\ndigital intermediary exemption means an exemption from liability\nfor defamation mentioned in section 122C or 122D.\n","sortOrder":145},{"sectionNumber":"123","sectionType":"section","heading":"Choice of law for defamation proceedings","content":"123 Choice of law for defamation proceedings\n(1) If a matter is published wholly within a particular Australian\njurisdictional area, the substantive law that is applicable in that area\nmust be applied in this jurisdiction to determine any cause of action\nfor defamation based on the publication.\n(2) If there is a multiple publication of matter in more than 1 Australian\njurisdictional area, the substantive law applicable in the Australian\njurisdictional area with which the harm occasioned by the publication\nas a whole has its closest connection must be applied in this\njurisdiction to determine each cause of action for defamation based\non the publication.\n(3) In determining the Australian jurisdictional area with which the harm\noccasioned by a publication of matter has its closest connection, a\ncourt may take into account—\n(a) the place at the time of publication where the plaintiff was\nordinarily resident or, in the case of a corporation that may assert\na cause of action for defamation, the place where the corporation\nhad its principal place of business at that time; and\n(b) the extent of publication in each relevant Australian\njurisdictional area; and\n(c) the extent of harm sustained by the plaintiff in each relevant\nAustralian jurisdictional area; and\n(d) any other matter that the court considers relevant.\n\n(4) For the purposes of this section, the substantive law applicable in an\nAustralian jurisdictional area does not include any law prescribing\nrules for choice of law that differ from the rules prescribed by this\nsection.\nAustralian jurisdictional area means—\n(a) the geographical area of Australia that lies within the territorial\nlimits of a particular State (including its coastal waters), but not\nincluding any territory, place or other area referred to in\nparagraph (c); or\n(b) the geographical area of Australia that lies within the territorial\nlimits of a particular Territory (including its coastal waters), but\nnot including any territory, place or other area referred to in\nparagraph (c); or\n(c) any territory, place or other geographical area of Australia over\nwhich the Commonwealth has legislative competence but over\nwhich no State or Territory has legislative competence.\ngeographical area of Australia includes—\n(a) the territorial sea of Australia; and\n(b) the external territories.\nmultiple publication means publication by a particular person of the\nsame, or substantially the same, matter in substantially the same form\nto 2 or more persons.\n\nPart 9.3 Resolution of civil disputes\nwithout litigation\nDivision 9.3.1 Concerns notices and offers to make\namends\n124 Application—div 9.3.1\n(1) This division applies if a person (the publisher) publishes matter\n(the matter in question) that is, or may be, defamatory of another\nperson (the aggrieved person).\n(2) The provisions of this division may be used instead of the provisions\nof any rules of court or any other law in relation to payment into court\nor offers of compromise.\n(3) Nothing in this division prevents a publisher or aggrieved person\nfrom making or accepting a settlement offer in relation to the\npublication of the matter in question otherwise than in accordance\nwith the provisions of this division.\n","sortOrder":146},{"sectionNumber":"124A","sectionType":"section","heading":"Concerns notices","content":"124A Concerns notices\n(1) For this division, a notice is a concerns notice if—\n(a) the notice—\n(i) is in writing; and\n(ii) states the location where the matter in question can be\naccessed; and\nExample—location\na webpage address\n(iii) informs the publisher of the defamatory imputations that\nthe aggrieved person considers are or may be carried about\nthe aggrieved person by the matter in question\n(the imputations of concern); and\n\n(iv) informs the publisher of the harm that the person considers\nto be serious harm to the person’s reputation caused, or\nlikely to be caused, by the publication of the matter in\nquestion; and\n(v) for an aggrieved person that is an excluded corporation—\nalso informs the publisher of the financial loss that the\ncorporation considers to be serious financial loss caused,\nor likely to be caused, by the publication of the matter in\nquestion; and\n(b) a copy of the matter in question is, if practicable, provided to the\npublisher together with the notice.\nNote Section 124B requires a concerns notice to be given before\nproceedings for defamation can be commenced.\n(2) To remove any doubt, a document that is required to be filed or lodged\nto commence defamation proceedings cannot be used as a concerns\nnotice.\n(3) If a concerns notice fails to particularise adequately any of the\ninformation required by subsection (1) (a) (ii), (iii), (iv) or (v), the\npublisher may give the aggrieved person a written notice (a further\nparticulars notice) requesting that the aggrieved person provide\nreasonable further particulars as stated in the further particulars notice\nabout the information concerned.\n(4) An aggrieved person to whom a further particulars notice is given\nmust provide the reasonable further particulars stated in the notice\nwithin 14 days (or any further period agreed by the publisher and\naggrieved person) after being given the notice.\n(5) An aggrieved person who fails to provide the reasonable further\nparticulars stated in a further particulars notice within the applicable\nperiod is taken not to have given the publisher a concerns notice for\nthis section.\n\n","sortOrder":147},{"sectionNumber":"124B","sectionType":"section","heading":"Defamation proceedings cannot be commenced without","content":"124B Defamation proceedings cannot be commenced without\nconcerns notice\n(1) An aggrieved person cannot commence defamation proceedings\nunless—\n(a) the person has given the proposed defendant a concerns notice\nin relation to the matter concerned; and\n(b) the imputations to be relied on by the person in the proposed\nproceedings were particularised in the concerns notice; and\n(c) the applicable period for an offer to make amends has elapsed.\n(2) Subsection (1) (b) does not prevent reliance on—\n(a) some, but not all, of the imputations particularised in a concerns\nnotice; or\n(b) imputations that are substantially the same as those\nparticularised in a concerns notice.\n(3) The court may grant leave for proceedings to be commenced despite\nnon-compliance with subsection (1) (c), but only if the proposed\nplaintiff satisfies the court—\n(a) the commencement of proceedings after the end of the\napplicable period for an offer to make amends contravenes the\nlimitation law; or\n(b) it is just and reasonable to grant leave.\n(4) The commencement of proceedings contravenes the limitation law\nfor subsection (3) (a) if the proceedings could not be commenced after\nthe end of the applicable period for an offer to make amends because\nthe court will have ceased to have power to extend the limitation\nperiod.\nlimitation law means the Limitation Act 1985.\n\n","sortOrder":148},{"sectionNumber":"125","sectionType":"section","heading":"Publisher may make offer to make amends","content":"125 Publisher may make offer to make amends\n(1) The publisher may make an offer to make amends to the aggrieved\n(2) The offer may be—\n(a) in relation to the matter in question generally; or\n(b) limited to any particular defamatory imputations that the\npublisher accepts that the matter in question carries or may\ncarry.\n(3) If 2 or more persons published the matter in question, an offer to make\namends by 1 or more of them does not affect the liability of the other\nor others.\n(4) An offer to make amends is taken to have been made without\nprejudice, unless the offer provides otherwise.\n","sortOrder":149},{"sectionNumber":"126","sectionType":"section","heading":"When offer to make amends may be made","content":"126 When offer to make amends may be made\n(1) An offer to make amends cannot be made if—\n(a) the applicable period for an offer to make amends has expired;\nor\n(b) a defence has been served in an action brought by the aggrieved\nperson against the publisher in relation to the matter in question.\n(2) For this division, the applicable period for an offer to make amends\nis—\n(a) if the aggrieved person has provided further particulars in\nresponse to a further particulars notice about a concerns notice\nafter 14 days have elapsed since the concerns notice was\ngiven—14 days since the publisher was given the further\nparticulars; or\n(b) in any other case—28 days since the publisher was given a\nconcerns notice by the aggrieved person.\n\n(3) If a publisher gives more than 1 further particulars notice,\nsubsection (2) (a) applies only in relation to the first notice.\n","sortOrder":150},{"sectionNumber":"127","sectionType":"section","heading":"Content of offer to make amends","content":"127 Content of offer to make amends\n(1) An offer to make amends—\n(a) must be in writing; and\n(b) must be readily identifiable as an offer to make amends under\nthis division; and\n(ba) must provide for the offer to be open for acceptance for at least\n28 days commencing on the day the offer is made; and\n(c) if the offer is limited to any particular defamatory imputations—\nmust state that the offer is so limited and particularise the\nimputations to which the offer is limited; and\n(d) must include an offer to publish, or join in publishing, a\nreasonable correction of, or a clarification of or additional\ninformation about, the matter in question or, if the offer is\nlimited to any particular defamatory imputations, the\nimputations to which the offer is limited; and\n(e) if material containing the matter has been given to someone else\nby the publisher or with the publisher’s knowledge—must\ninclude an offer to take, or join in taking, reasonable steps to tell\nthe other person that the matter is or may be defamatory of the\naggrieved person; and\n(f) must include an offer to pay the expenses reasonably incurred\nby the aggrieved person before the offer was made and the\nexpenses reasonably incurred by the aggrieved person in\nconsidering the offer.\n\n(1A) In addition to the matters mentioned in subsection (1), an offer to\nmake amends may include any other kind of offer, or particulars of\nany other action taken by the publisher, to redress the harm sustained\nby the aggrieved person because of the matter in question, including\n(but not limited to)—\n(a) an offer to publish, or join in publishing, an apology in relation\nto the matter in question or, if the offer is limited to any\nparticular defamatory imputations, the imputations to which the\noffer is limited; or\n(b) if the matter is digital matter—an offer to take access prevention\nsteps in relation to the matter; or\n(c) an offer to pay compensation for any economic or non-economic\nloss of the aggrieved person; or\n(d) the particulars of any correction or apology made, or action\ntaken, before the date of the offer.\n(1B) If the matter in question is digital matter, an offer to take access\nprevention steps may be made instead of, or in addition to, either or\nboth of the offers mentioned in subsection (1) (d) and (e).\n(2) Without limiting subsection (1A) (c), an offer to pay compensation\nmay comprise or include 1 or more of the following:\n(a) an offer to pay a stated amount;\n(b) an offer to pay an amount to be agreed between the publisher\nand the aggrieved person;\n(c) an offer to pay an amount determined by an arbitrator appointed,\nor agreed on, by the publisher and the aggrieved person;\n(d) an offer to pay an amount determined by a court.\n\n(3) If an offer to make amends is accepted, a court may, on the\napplication of the aggrieved person or publisher, determine—\n(a) if the offer provides for a court to determine the amount of\ncompensation payable under the offer—the amount of\ncompensation to be paid under the offer; and\n(b) any other question that arises about what must be done to carry\nout the terms of the offer.\n(4) The powers conferred on a court by subsection (3) are exercisable—\n(a) if the aggrieved person has brought proceedings against the\npublisher in any court for defamation in relation to the matter in\nquestion—by that court in those proceedings; and\n(b) except as provided in paragraph (a)—by the Supreme Court.\n","sortOrder":151},{"sectionNumber":"128","sectionType":"section","heading":"Withdrawal of offer to make amends","content":"128 Withdrawal of offer to make amends\n(1) An offer to make amends may be withdrawn before it is accepted by\nnotice in writing given to the aggrieved person.\n(2) A publisher who has withdrawn an offer to make amends may make\na renewed offer.\n(3) A renewed offer may (but need not) be in the same terms as the\nwithdrawn offer.\n(4) A renewed offer is to be treated as a new offer (including for the\npurposes of section 126).\n(5) However, the time limit specified in section 126 for the making of\noffers to make amends does not prevent the making of a renewed offer\nthat is not in the same terms as the withdrawn offer if—\n(a) the renewed offer represents a genuine attempt by the publisher\nto address matters of concern raised by the aggrieved person\nabout the withdrawn offer; and\n\n(b) the renewed offer is made within 14 days after the withdrawal\nof the withdrawn offer or any other period agreed by the\npublisher and the aggrieved person.\n","sortOrder":152},{"sectionNumber":"129","sectionType":"section","heading":"Effect of acceptance of offer to make amends","content":"129 Effect of acceptance of offer to make amends\n(1) If the publisher carries out the terms of an offer to make amends\n(including payment of any compensation under the offer) that is\naccepted, the aggrieved person cannot assert, continue or enforce an\naction for defamation against the publisher in relation to the matter in\nquestion even if the offer was limited to any particular defamatory\nimputations.\n(2) A court may (but need not)—\n(a) order the publisher to pay the aggrieved person the expenses\nreasonably incurred by the aggrieved person as a result of\naccepting the offer; and\n(b) order any costs incurred by the aggrieved person that form part\nof those expenses to be assessed on an indemnity basis.\n(3) The powers conferred on a court by subsection (2) are exercisable—\n(a) if the aggrieved person has brought proceedings against the\npublisher in any court for defamation in relation to the matter in\nquestion—by that court in those proceedings, and\n(b) except as provided in paragraph (a)—by the Supreme Court.\n","sortOrder":153},{"sectionNumber":"130","sectionType":"section","heading":"Effect of failure to accept reasonable offer to make","content":"130 Effect of failure to accept reasonable offer to make\namends\n(1) If an offer to make amends is made in relation to the matter in\nquestion but is not accepted, it is a defence to an action for defamation\nagainst the publisher in relation to the matter if—\n\n(a) the publisher made the offer as soon as reasonably practicable\nafter the publisher was given a concerns notice in relation to the\nmatter (and, in any event, within the applicable period for an\noffer to make amends); and\n(b) the publisher was ready and willing, on acceptance of the offer\nby the aggrieved person, to carry out the terms of the offer; and\n(c) in all the circumstances the offer was reasonable.\n(2) In determining whether an offer to make amends is reasonable, a\ncourt—\n(a) must have regard to any correction or apology published before\nany trial arising out of the matter in question, including the\nextent to which the correction or apology is brought to the\nattention of the audience of the matter in question taking into\naccount—\n(i) the prominence given to the correction or apology as\npublished in comparison to the prominence given to the\nmatter in question as published; and\n(ii) the period that elapses between publication of the matter in\nquestion and publication of the correction or apology; and\n(b) may have regard to—\n(i) whether the aggrieved person refused to accept an offer\nthat was limited to any particular defamatory imputations\nbecause the aggrieved person did not agree with the\npublisher about the imputations that the matter in question\ncarried; and\n(ii) any other matter that the court considers relevant.\n\n","sortOrder":154},{"sectionNumber":"131","sectionType":"section","heading":"Inadmissibility of evidence of certain statements and","content":"131 Inadmissibility of evidence of certain statements and\nadmissions\n(1) Evidence of any statement or admission made in connection with the\nmaking or acceptance of an offer to make amends is not admissible\nas evidence in any legal proceedings (whether criminal or civil).\n(2) Subsection (1) does not prevent the admission of evidence in any\nlegal proceedings in order to determine—\n(a) any issue arising under, or relating to the application of, a\nprovision of this division; or\n(b) costs in defamation proceedings.\n","sortOrder":155},{"sectionNumber":"132","sectionType":"section","heading":"Effect of apology on liability for defamation","content":"132 Effect of apology on liability for defamation\n(1) An apology made by or on behalf of a person in connection with any\ndefamatory matter alleged to have been published by the person—\n(a) does not constitute an express or implied admission of fault or\nliability by the person in connection with that matter; and\n(b) is not relevant to the determination of fault or liability in\nconnection with that matter.\n(2) Evidence of an apology made by or on behalf of a person in\nconnection with any defamatory matter alleged to have been\npublished by the person is not admissible in any civil proceedings as\nevidence of the fault or liability of the person in connection with that\nmatter.\n(3) Nothing in this section limits the operation of section 139G (State of\nmind of defendant generally not relevant to awarding damages).\n\nGeneral Division 9.4.1\n","sortOrder":156},{"sectionNumber":"133","sectionType":"section","heading":"Leave required for multiple proceedings in relation to","content":"133 Leave required for multiple proceedings in relation to\npublication of same defamatory matter\n(1) This section applies to a person who has brought defamation\nproceedings for damages, whether in this jurisdiction or elsewhere,\nagainst a person (a previous defendant) in relation to the publication\nof a matter.\n(2) The person may not bring further defamation proceedings for\ndamages against a previous defendant or an associate of a previous\ndefendant in relation to the same or any other publication of the same\nor like matter, except with the leave of the court in which the further\nproceedings are to be brought.\n(3) A person is an associate of a previous defendant if, at the time of the\npublication to which the previous defamation proceedings related, the\nperson was—\n(a) an employee of the defendant; or\n(b) a person publishing matter as a contractor of the defendant; or\n(c) an associated entity of the defendant (or an employee or\ncontractor of the associated entity).\n","sortOrder":157},{"sectionNumber":"133A","sectionType":"section","heading":"Orders for preliminary discovery about posters of digital","content":"133A Orders for preliminary discovery about posters of digital\nmatter\n(1) This section applies if the court procedure law for a court allows a\nperson seeking to bring defamation proceedings for the publication of\ndigital matter to obtain an order for, or in the nature of, preliminary\ndiscovery for either or both of the following purposes:\n(a) to obtain information to assist in identifying the posters of the\nmatter;\n\n(b) to obtain information to assist in locating physical or digital\naddresses for the posters of the matter to allow concerns notices\nto be given to them or defamation proceedings against them to\nbe commenced.\n(2) Despite anything to the contrary in the court procedure law for a\ncourt, the court must take the following matters into account before\nmaking an order mentioned in subsection (1):\n(a) the objects of this chapter;\n(b) privacy, safety or other public interest considerations that may\narise if the order is made.\nExample—par (b)\nevidence suggesting the poster of digital matter is in fear of family violence\nfrom the person seeking an order to obtain the poster’s address\n(3) This section does not limit the matters the court may take into account\nbefore making an order mentioned in subsection (1).\ncourt procedure law for a court means—\n(a) rules of court for the court; or\n(b) an Act or other legislation that regulates the practice or\nprocedure of the court; or\n(c) the general law concerning the inherent or implied jurisdiction\nor powers of the court.\n\n","sortOrder":158},{"sectionNumber":"134","sectionType":"section","heading":"Scope of defences under general law and other law not","content":"134 Scope of defences under general law and other law not\nlimited\n(1) A defence under this division is additional to any other defence or\nexclusion of liability available to the defendant apart from this Act\n(including under the general law) and does not of itself vitiate, limit\nor abrogate any other defence or exclusion of liability.\n(2) If a defence under this division to the publication of defamatory\nmatter may be defeated by proof that the publication was actuated by\nmalice, the general law applies in defamation proceedings in which\nthe defence is raised to determine whether a particular publication of\nmatter was actuated by malice.\n","sortOrder":159},{"sectionNumber":"135","sectionType":"section","heading":"Defence of justification","content":"135 Defence of justification\nIt is a defence to the publication of defamatory matter if the defendant\nproves that the defamatory imputations carried by the matter of which\nthe plaintiff complains are substantially true.\n","sortOrder":160},{"sectionNumber":"136","sectionType":"section","heading":"Defence of contextual truth","content":"136 Defence of contextual truth\n(a) the matter carried 1 or more imputations that are substantially\ntrue (contextual imputations); and\n(b) any defamatory imputations of which the plaintiff complains\nthat are not contextual imputations and are also carried by the\nmatter do not further harm the reputation of the plaintiff because\nof the substantial truth of the contextual imputations.\n(2) The contextual imputations on which the defendant may rely to\nestablish the defence include imputations of which the plaintiff\ncomplains.\n\n","sortOrder":161},{"sectionNumber":"137","sectionType":"section","heading":"Defence of absolute privilege","content":"137 Defence of absolute privilege\nproves that it was published on an occasion of absolute privilege.\n(2) Without limiting subsection (1), matter is published on an occasion\nof absolute privilege if—\n(a) the matter is published in the course of the proceedings of a\nparliamentary body, including (but not limited to)—\n(i) the publication of a document by order, or under the\nauthority, of the body; and\n(ii) the publication of the debates and proceedings of the body\nby or under the authority of the body or any law; and\n(iii) the publication of matter while giving evidence before the\nbody; and\n(iv) the publication of matter while presenting or submitting a\ndocument to the body; or\n(b) the matter is published in the course of the proceedings of an\nAustralian court or Australian tribunal, including (but not\nlimited to)—\n(i) the publication of matter in any document filed or lodged\nwith, or otherwise submitted to, the court or tribunal\n(including any originating process); and\n(ii) the publication of matter while giving evidence before the\ncourt or tribunal; and\n(iii) the publication of matter in any judgment, order or other\ndetermination of the court or tribunal; or\n(ba) the matter is published to a person who, at the time of the\npublication, is an official of a police force or service of an\nAustralian jurisdiction and it is published to the official while\nthe official is acting in an official capacity; or\n\n(c) the matter is published on an occasion that, if published in\nanother Australian jurisdiction, would be an occasion of\nabsolute privilege in that jurisdiction under a provision of a law\nof the jurisdiction corresponding to this section; or\n(d) the matter is published by a person or body in any circumstances\nspecified in schedule 1A.\nofficial, of a police force or service of an Australian jurisdiction,\nmeans—\n(a) an officer, employee or member of staff of the police force or\nservice; or\n(b) another person engaged to act for or on behalf of the police force\nor service.\n","sortOrder":162},{"sectionNumber":"138","sectionType":"section","heading":"Defence for publication of public documents","content":"138 Defence for publication of public documents\nproves that the matter was contained in—\n(a) a public document or a fair copy of a public document; or\n(b) a fair summary of, or a fair extract from, a public document.\n(2) For the purposes of subsection (1), if a report or other document under\nthe law of a country would be a public document except for\nnoncompliance with a provision of that law about—\n(a) the formal requirements for the content or layout of the report or\ndocument; or\n(b) the time within which the report or document is prepared, or\npresented, submitted, tabled or laid to or before a person or\nbody;\nthe report or document is a public document despite that\n\n(3) A defence established under subsection (1) is defeated if, and only if,\nthe plaintiff proves that the defamatory matter was not published\nhonestly for the information of the public or the advancement of\neducation.\npublic document means—\n(a) any report or paper published by a parliamentary body, or a\nrecord of votes, debates or other proceedings relating to a\nparliamentary body published by or under the authority of the\nbody or any law; or\n(b) any judgment, order or other determination of a court or arbitral\ntribunal of any country in civil proceedings and including—\n(i) any record of the court or tribunal relating to the judgment,\norder or determination or to its enforcement or satisfaction;\nand\n(ii) any report of the court or tribunal about its judgment, order\nor determination and the reasons for its judgment, order or\ndetermination; or\n(c) any report or other document that under the law of any\ncountry—\n(i) is authorised to be published; or\n(ii) is required to be presented or submitted to, tabled in, or laid\nbefore, a parliamentary body; or\n(d) any document issued by the government (including a local\ngovernment) of a country, or by an officer, employee or agency\nof the government, for the information of the public; or\n(e) any record or other document open to inspection by the public\nthat is kept—\n(i) by an Australian jurisdiction; or\n\n(ii) by a statutory authority of an Australian jurisdiction; or\n(iii) by an Australian court; or\n(iv) under legislation of an Australian jurisdiction; or\n(f) any other document issued, kept or published by a person, body\nor organisation of another Australian jurisdiction that is treated\nin that jurisdiction as a public document under a provision of a\nlaw of the jurisdiction corresponding to this section.\n","sortOrder":163},{"sectionNumber":"139","sectionType":"section","heading":"Defences of fair report of proceedings of public concern","content":"139 Defences of fair report of proceedings of public concern\nproves that the matter was, or was contained in, a fair report of any\nproceedings of public concern.\n(2) It is a defence to the publication of defamatory matter if the defendant\n(a) the matter was, or was contained in, an earlier published report\nof proceedings of public concern; and\n(b) the matter was, or was contained in, a fair copy of, a fair\nsummary of, or a fair extract from, the earlier published report;\nand\n(c) the defendant had no knowledge that would reasonably make the\ndefendant aware that the earlier published report was not fair.\n(3) A defence established under subsection (1) or (2) is defeated if, and\nonly if, the plaintiff proves that the defamatory matter was not\npublished honestly for the information of the public or the\nadvancement of education.\nproceedings of public concern means—\n(a) any proceedings in public of a parliamentary body; or\n\n(b) any proceedings in public of an international organisation of any\ncountries or of the governments of any countries; or\n(c) any proceedings in public of an international conference at\nwhich the governments of any countries are represented; or\n(d) any proceedings in public of—\n(i) the International Court of Justice, or any other judicial or\narbitral tribunal, for the decision of any matter in dispute\nbetween nations; or\n(ii) any other international judicial or arbitral tribunal; or\n(e) any proceedings in public of a court or arbitral tribunal of any\ncountry; or\n(f) any proceedings in public of an inquiry held under the law of\nany country or under the authority of the government of any\ncountry; or\n(g) any proceedings in public of a local government body of any\nAustralian jurisdiction; or\n(h) proceedings of a learned society, or of a committee or governing\nbody of the society, under its relevant objects, but only to the\nextent that the proceedings relate to a decision or adjudication\nmade in Australia about—\n(i) a member or members of the society; or\nby the society; or\n(i) proceedings of a sport or recreation association, or of a\ncommittee or governing body of the association, under its\nrelevant objects, but only to the extent that the proceedings\nrelate to a decision or adjudication made in Australia about—\n(i) a member or members of the association; or\n\nby the association; or\n(j) proceedings of a trade association, or of a committee or\ngoverning body of the association, under its relevant objects, but\nonly to the extent that the proceedings relate to a decision or\nadjudication made in Australia about—\n(i) a member or members of the association; or\nby the association; or\n(k) any proceedings of a public meeting (with or without restriction\non the people attending) of shareholders of a public company\nunder the Corporations Act held anywhere in Australia; or\nNote Corporations Act is defined in the Legislation Act, dict, pt 1.\n(l) any proceedings of a public meeting (with or without restriction\non the people attending) held anywhere in Australia if the\nproceedings relate to a matter of public interest, including the\nadvocacy or candidature of a person for public office; or\n(m) any proceedings of an ombudsman of any country if the\nproceedings relate to a report of the ombudsman; or\n(n) any proceedings in public of a law reform body of any country;\nor\n(o) any other proceedings conducted by, or proceedings of, a\nperson, body or organisation of another Australian jurisdiction\nthat are treated in that jurisdiction as proceedings of public\nconcern under a provision of a law of the jurisdiction\ncorresponding to this section.\n\nlaw reform body, of a country, means a body (however described and\nwhether or not permanent or full-time) established by law to conduct\ninquiries into, and to make recommendations on, reforming the laws\nof that country.\nlearned society means a body, wherever formed—\n(a) the objects of which include the advancement of any art, science\nor religion or the advancement of learning in any field; and\nconnected with those objects; and\nombudsman, of a country, means a person (however described and\nwhether or not permanent or full-time) authorised by law to\ninvestigate complaints about the actions or other conduct of any\npublic officials or public bodies of that country.\nrelevant objects, of a learned society, sport or recreation association\nor trade association, means—\n(a) in relation to a learned society—objects of the kind referred to\nin this subsection, definition of learned society, paragraph (a);\nor\n(b) in relation to a sport or recreation association—objects of the\nkind referred to in this subsection, definition of sport or\nrecreation association, paragraph (a); or\n(c) in relation to a trade association—objects of the kind referred to\nin this subsection, definition of trade association, paragraph (a).\n\nsport or recreation association means a body, wherever formed—\n(a) the objects of which include the promotion of any game, sport,\nor pastime to the playing of which or exercise of which the\npublic is admitted as spectators or otherwise and the promotion\nor protection of the interests of people connected with the game,\nsport, or pastime; and\nconnected with the game, sport, or pastime; and\ntrade association means a body, wherever formed—\n(a) the objects of which include the promotion of any calling, that\nis to say, a trade, business, industry or profession and the\npromotion or protection of the interests of people engaged in any\ncalling; and\nconnected with a calling or the conduct of people engaged\nin the calling; and\n\n139AA Defence of publication of matter concerning issue of\npublic interest\n(a) the matter concerns an issue of public interest; and\n(b) the defendant reasonably believed that the publication of the\nmatter was in the public interest.\n(2) In determining whether the defence is established, a court must take\ninto account all of the circumstances of the case.\n(3) Without limiting subsection (2), the court may take into account the\nfollowing factors to the extent the court considers them applicable in\nthe circumstances:\n(a) the seriousness of any defamatory imputation carried by the\nmatter published;\n(b) the extent to which the matter published distinguishes between\nsuspicions, allegations and proven facts;\n(c) the extent to which the matter published relates to the\nperformance of the public functions or activities of the person;\n(d) whether it was in the public interest in the circumstances for the\nmatter to be published expeditiously;\n(e) the sources of the information in the matter published, including\nthe integrity of the sources;\n(f) if a source of the information in the matter published is a person\nwhose identity is being kept confidential, whether there is good\nreason for the person’s identity to be kept confidential;\nExample—good reason\nto comply with an applicable professional code or standard\n\n(g) whether the matter published contained the substance of the\nperson’s side of the story and, if not, whether a reasonable\nattempt was made by the defendant to obtain and publish a\nresponse from the person;\n(h) any other steps taken to verify the information in the matter\npublished;\n(i) the importance of freedom of expression in the discussion of\nissues of public interest.\n(4) Subsection (3) does not—\n(a) require each factor mentioned in the subsection to be taken into\naccount; or\n(b) limit the matters that the court may take into account.\n","sortOrder":164},{"sectionNumber":"139A","sectionType":"section","heading":"Defence of qualified privilege for provision of certain","content":"139A Defence of qualified privilege for provision of certain\ninformation\n(1) There is a defence of qualified privilege for the publication of\ndefamatory matter to a person (the recipient) if the defendant proves\nthat—\n(a) the recipient has an interest or apparent interest in having\ninformation on some subject; and\n(b) the matter is published to the recipient in the course of giving to\nthe recipient information on that subject; and\n(c) the conduct of the defendant in publishing that matter is\nreasonable in the circumstances.\n(2) For the purposes of subsection (1), a recipient has an apparent interest\nin having information on some subject if, and only if, at the time of\nthe publication in question, the defendant believes, on reasonable\ngrounds, that the recipient has that interest.\n\n(3) In determining for the purposes of subsection (1) whether the conduct\nof the defendant in publishing matter about a person is reasonable in\nthe circumstances, a court may take into account the following factors\nto the extent the court considers them applicable in the circumstances:\n(a) the seriousness of any defamatory imputation carried by the\nmatter published;\n(b) the extent to which the matter published distinguishes between\nsuspicions, allegations and proven facts;\n(c) the nature of the business environment in which the defendant\noperates;\n(d) whether it was appropriate in the circumstances for the matter to\nbe published expeditiously;\n(e) any other steps taken to verify the information in the matter\n(3A) Subsection (3) does not—\n(a) require each factor mentioned in the subsection to be taken into\naccount; or\n(b) limit the matters that the court may take into account.\n(3B) It is not necessary to prove that the matter published concerned an\nissue of public interest to establish the defence of qualified privilege\nunder subsection (1).\n(4) For the avoidance of doubt, a defence of qualified privilege under\nsubsection (1) is defeated if the plaintiff proves that the publication\nof the defamatory matter was actuated by malice.\n(5) However, a defence of qualified privilege under subsection (1) is not\ndefeated merely because the defamatory matter was published for\nreward.\n\n139AB Defence of scientific or academic peer review\n(a) the matter was published in a scientific or academic journal\n(whether published in electronic form or otherwise); and\n(b) the matter relates to a scientific or academic issue; and\n(c) an independent review of the matter’s scientific or academic\nmerit was carried out before the matter was published in the\njournal by—\n(i) the editor of the journal if the editor has expertise in the\nscientific or academic issue concerned; or\n(ii) 1 or more people with expertise in the scientific or\nacademic issue concerned.\n(2) If there is a defence to the publication of defamatory matter in a\nscientific or academic journal because of subsection (1), there is also\na defence to the publication of any assessment of the matter in the\nsame journal if the defendant proves that—\n(a) the assessment was written by 1 or more of the people who\ncarried out the independent review of the matter; and\n(b) the assessment was written in the course of that review.\n(3) It is a defence to the publication of defamatory matter if the defendant\nproves that the matter was contained in a fair summary of, or fair\nextract from, a matter or assessment for which there is a defence\nbecause of subsection (1) or (2).\n(4) If a journal has more than 1 editor, a reference in this section to the\neditor of the journal is to be read as a reference to the editor or editors\nwho were responsible for deciding to publish the matter concerned.\n\n(5) A defence established under this section is defeated if, and only if, the\nplaintiff proves that the defamatory matter or assessment was not\npublished honestly for the information of the public or the\nadvancement of education.\n","sortOrder":165},{"sectionNumber":"139B","sectionType":"section","heading":"Defences of honest opinion","content":"139B Defences of honest opinion\n(a) the matter was an expression of opinion of the defendant rather\nthan a statement of fact; and\n(2) It is a defence to the publication of defamatory matter if the defendant\n(a) the matter was an expression of opinion of an employee or agent\nof the defendant rather than a statement of fact; and\n(3) It is a defence to the publication of defamatory matter if the defendant\n(a) the matter was an expression of opinion of a person\n(the commentator), other than the defendant or an employee or\nagent of the defendant, rather than a statement of fact; and\n\n(4) A defence established under this section is defeated if, and only if, the\nplaintiff proves that—\n(a) in the case of a defence under subsection (1)—the opinion was\nnot honestly held by the defendant at the time the defamatory\nmatter was published; or\n(b) in the case of a defence under subsection (2)—the defendant did\nnot believe that the opinion was honestly held by the employee\nor agent at the time the defamatory matter was published; or\n(c) in the case of a defence under subsection (3)—the defendant had\nreasonable grounds to believe that the opinion was not honestly\nheld by the commentator at the time the defamatory matter was\n(5) For this section, an opinion is based on proper material if—\n(a) the material on which it is based is—\n(i) set out in specific or general terms in the published matter;\nor\n(ii) notorious; or\n(iii) accessible from a reference, link or other access point\nincluded in the matter; or\nExample—other access point\na hyperlink on a webpage\n(iv) otherwise apparent from the context in which the matter is\npublished; and\n(b) the material—\n(i) is substantially true; or\n(ii) was published on an occasion of absolute or qualified\nprivilege (whether under this Act or at general law); or\n\n(iii) was published on an occasion that attracted the protection\nof a defence under this section, section 138 (Defence for\npublication of public documents) or section 139 (Defences\nof fair report of proceedings of public concern).\n(6) An opinion does not cease to be based on proper material only\nbecause some of the material on which it is based is not proper matter\nif the opinion might reasonably be based on such of the material as is\nproper material.\n139BA Defence for publications involving digital intermediaries\n(1) It is a defence to the publication of defamatory digital matter if the\ndefendant proves—\n(a) the defendant was a digital intermediary in relation to the\npublication; and\n(b) the defendant had, at the time of the publication, an accessible\ncomplaints mechanism for the plaintiff to use; and\n(c) if the plaintiff gave the defendant a written complaint under this\nsection about the publication—reasonable access prevention\nsteps, if steps were available, were taken in relation to the\npublication, whether before the complaint was given or within 7\ndays after the complaint was given.\nNote 1 The defendant is not required to prove par (c) to establish the\ndefence if the plaintiff has not given the defendant a complaint\nabout the publication under this section. Subsection (3) sets out\nrequirements for giving complaints.\nNote 2 Subsection (6) defines accessible complaints mechanism.\n(2) For subsection (1) (c), reasonable access prevention steps were taken\nin relation to the publication of digital matter if—\n(a) for access prevention steps taken by the defendant—the steps\ntaken were reasonable for the defendant to take in the\ncircumstances; or\n\n(b) for access prevention steps taken by another person—it was\nreasonable for the defendant not to take steps because of the\nsteps already taken.\n(3) A written complaint is given under this section about the publication\nof defamatory digital matter if—\n(a) the complaint contained information sufficient to enable a\nreasonable person in the defendant’s circumstances to be made\naware of the following:\n(i) the name of the plaintiff;\n(ii) the matter and where it could be located;\n(iii) that the plaintiff considered the matter to be defamatory;\nand\n(b) the complaint was given using an accessible complaints\nmechanism for the plaintiff to use or given to the defendant in\nanother way permitted by this Act, section 139O or the\nLegislation Act, part 19.5.\n(4) A defence under this section is defeated only if the plaintiff proves\nthe defendant was actuated by malice in establishing or providing the\nonline service by means of which the digital matter was published.\n(5) A defendant who would otherwise be a digital intermediary in\nrelation to the publication of digital matter does not cease to be a\ndigital intermediary for this section merely because the defendant\ntook steps to detect or identify, or steps to remove, block, disable or\notherwise prevent access by people to, the following:\n(a) defamatory or other unlawful content published, or sought to be\npublished, by a person using the online service provided by the\ndefendant;\n\n(b) other content published, or sought to be published, by a person\nusing the online service provided by the defendant that was\nincompatible with the terms or conditions under which the\nservice was provided.\nNote Subsection (5) allows a defendant to rely on the defence despite the\ndefinition of digital intermediary in s 116 excluding authors, originators\nor posters of digital matter if the defendant’s editorial or moderating role\nover content published using the online service was limited to the steps\nmentioned in the subsection.\naccessible complaints mechanism, for a plaintiff to use, means an\neasily accessible address, location or other mechanism available for\nthe plaintiff to use to complain to the defendant about the publication\nof the digital matter concerned.\n1 an email address or direct messaging address to which a complaint may be sent\n2 a webpage, or a part of a webpage, enabling details about a complaint to be\nuploaded or inputted\n","sortOrder":166},{"sectionNumber":"139C","sectionType":"section","heading":"Defence of innocent dissemination","content":"139C Defence of innocent dissemination\n(a) the defendant published the matter merely in the capacity, or as\nan employee or agent, of a subordinate distributor; and\n(b) the defendant neither knew, nor ought reasonably to have\nknown, that the matter was defamatory; and\n(c) the defendant’s lack of knowledge was not due to any\nnegligence on the part of the defendant.\n\n(2) For the purposes of subsection (1), a person is a subordinate\ndistributor of defamatory matter if the person—\n(a) was not the first or primary distributor of the matter; and\n(b) was not the author or originator of the matter; and\n(c) did not have any capacity to exercise editorial control over the\ncontent of the matter (or over the publication of the matter)\nbefore it was first published.\n(3) Without limiting subsection (2) (a), a person is not the first or primary\ndistributor of matter merely because the person was involved in the\npublication of the matter in the capacity of—\n(a) a bookseller, newsagent or newsvendor; or\n(b) a librarian; or\n(c) a wholesaler or retailer of the matter; or\n(d) a provider of postal or similar services by means of which the\nmatter is published; or\n(e) a broadcaster of a live program (whether on television, radio or\notherwise) containing the matter in circumstances in which the\nbroadcaster has no effective control over the person who makes\nthe statements that comprise the matter; or\n(f) a provider of services consisting of—\n(i) the processing, copying, distributing or selling of any\nelectronic medium in or on which the matter is recorded;\nor\n(ii) the operation of, or the provision of any equipment, system\nor service, by means of which the matter is retrieved,\ncopied, distributed or made available in electronic form; or\n\n(g) an operator of, or a provider of access to, a communications\nsystem by means of which the matter is transmitted, or made\navailable, by another person over whom the operator or provider\nhas no effective control; or\n(h) a person who, on the instructions or at the direction of another\nperson, prints or produces, reprints or reproduces or distributes\nthe matter for or on behalf of that other person.\n","sortOrder":167},{"sectionNumber":"139E","sectionType":"section","heading":"Damages to bear rational relationship to harm","content":"139E Damages to bear rational relationship to harm\nIn determining the amount of damages to be awarded in any\ndefamation proceedings, the court is to ensure that there is an\nappropriate and rational relationship between the harm sustained by\nthe plaintiff and the amount of damages awarded.\n","sortOrder":168},{"sectionNumber":"139F","sectionType":"section","heading":"Damages for non-economic loss limited","content":"139F Damages for non-economic loss limited\n(1) The maximum amount of damages for non-economic loss that may\nbe awarded in defamation proceedings is $250 000 or any other\namount adjusted in accordance with this section from time to time\n(the maximum damages amount) that is applicable at the time\ndamages are awarded.\n(2) The maximum damages amount is to be awarded only in a most\nserious case.\n(2A) Subsection (1) does not limit the court’s power to award aggravated\ndamages if an award of aggravated damages is warranted in the\ncircumstances.\n(2B) An award of aggravated damages is to be made separately to any\naward of damages for non-economic loss to which subsection (1)\napplies.\n\nRemedies Division 9.4.3\n(3) The Minister is, on or before 1 July 2006 and on or before 1 July in\neach succeeding year, to declare the amount that is to apply, as from\nthe date specified in the order, for the purposes of subsection (1).\n(4) The amount declared is to be the amount applicable under subsection\n(1) (or that amount as last adjusted under this section) adjusted by the\npercentage change in the amount estimated by the Australian\nstatistician of the average weekly total earnings of full-time adults in\nAustralia over the 4 quarters preceding the date of the declaration for\nwhich those estimates are, at that date, available.\n(5) A declaration under subsection (3) is a notifiable instrument.\n(6) An amount declared for the time being under this section applies to\nthe exclusion of the amount of $250 000 or an amount previously\nadjusted under this section.\n(7) If the Australian statistician fails or ceases to estimate the amount\nreferred to in subsection (4), the amount declared is to be determined\nin accordance with the regulations.\n(8) In adjusting an amount to be declared for the purposes of\nsubsection (1), the amount determined in accordance with subsection\n(4) is to be rounded to the nearest $500.\n(9) A declaration may provide that it commences retrospectively.\n","sortOrder":169},{"sectionNumber":"139G","sectionType":"section","heading":"State of mind of defendant generally not relevant to","content":"139G State of mind of defendant generally not relevant to\nawarding damages\nIn awarding damages for defamation, the court is to disregard the\nmalice or other state of mind of the defendant at the time of the\npublication of the defamatory matter to which the proceedings relate\nor at any other time except to the extent that the malice or other state\nof mind affects the harm sustained by the plaintiff.\n\n","sortOrder":170},{"sectionNumber":"139H","sectionType":"section","heading":"Exemplary or punitive damages cannot be awarded","content":"139H Exemplary or punitive damages cannot be awarded\nA plaintiff cannot be awarded exemplary or punitive damages for\ndefamation.\n","sortOrder":171},{"sectionNumber":"139I","sectionType":"section","heading":"Factors in mitigation of damages","content":"139I Factors in mitigation of damages\n(1) Evidence is admissible on behalf of the defendant, in mitigation of\ndamages for the publication of defamatory matter, that—\n(a) the defendant has made an apology to the plaintiff about the\npublication of the defamatory matter; or\n(b) the defendant has published a correction of the defamatory\nmatter; or\n(c) the plaintiff has already recovered damages for defamation in\nrelation to any other publication of matter having the same\nmeaning or effect as the defamatory matter; or\n(d) the plaintiff has brought proceedings for damages for\ndefamation in relation to any other publication of matter having\nthe same meaning or effect as the defamatory matter; or\n(e) the plaintiff has received or agreed to receive compensation for\ndefamation in relation to any other publication of matter having\nthe same meaning or effect as the defamatory matter.\n(2) Nothing in subsection (1) operates to limit the matters that can be\ntaken into account by a court in mitigation of damages.\n","sortOrder":172},{"sectionNumber":"139J","sectionType":"section","heading":"Damages for multiple causes of action may be assessed","content":"139J Damages for multiple causes of action may be assessed\nas single sum\nIf the court in defamation proceedings finds for the plaintiff as to\nmore than 1 cause of action, the judicial officer may assess damages\nin a single sum.\n\nRemedies Division 9.4.3\n139JA Orders against non-party digital intermediaries\nconcerning defamatory digital matter\n(1) This section applies in relation to defamation proceedings for the\npublication of digital matter if—\n(a) the plaintiff has obtained judgment for defamation against the\ndefendant in the proceedings; or\n(b) a court has granted a temporary injunction or makes another\ntemporary order preventing the defendant from continuing to\npublish, or from republishing, the matter pending the\ndetermination of the proceedings; or\n(c) a court has granted a final injunction or makes another final\norder preventing the defendant from continuing to publish, or\nfrom republishing, the matter.\n(2) In defamation proceedings to which this section applies, the court\nmay order a digital intermediary who is not a party to the proceedings\n(a non-party digital intermediary) to take access prevention steps or\nother steps the court considers necessary in the circumstances—\n(a) to prevent or limit the continued publication or republication of\nthe matter; or\n(b) to comply with, or otherwise give effect to, the judgment,\ninjunction or other order mentioned in subsection (1).\n(3) Without limiting subsection (2), an order under this section may—\n(a) require 1 or more steps to be taken; or\n(b) require a step to be taken in relation to all, or only some, of the\nusers of an online service.\n(4) The court may not make an order under this section against a\nnon-party digital intermediary unless the intermediary has been given\nan opportunity to be heard about whether it is appropriate for the order\nto be made.\n\n(5) Despite subsection (4), the court may make a temporary order without\ngiving the non-party digital intermediary an opportunity to be heard\nabout whether it is appropriate to make the order if the court considers\nit necessary in the circumstances for the order to be made\nexpeditiously pending a subsequent hearing concerning whether a\nfurther temporary order or a final order should be made.\n(6) An order may be made under this section even if the non-party digital\nintermediary is not, or may not be, liable for defamation, including\nbecause of a defence, for the publication of the digital matter to which\nthe defamation proceedings relate.\n(7) This section does not limit other powers the court may have apart\nfrom this section to grant injunctions or make other orders requiring\na non-party digital intermediary to take access prevention steps or\nother steps.\n","sortOrder":173},{"sectionNumber":"139K","sectionType":"section","heading":"Costs in defamation proceedings","content":"139K Costs in defamation proceedings\n(1) In awarding costs in defamation proceedings, the court may have\nregard to—\n(a) the way in which the parties to the proceedings conducted their\ncases (including any misuse of a party’s superior financial\nposition to hinder the early resolution of the proceedings); and\n(b) any other matters that the court considers relevant.\n(2) Without limiting subsection (1), a court must (unless the interests of\njustice require otherwise)—\n(a) if defamation proceedings are successfully brought by a plaintiff\nand costs in the proceedings are to be awarded to the plaintiff—\norder costs of and incidental to the proceedings to be assessed\non an indemnity basis if the court is satisfied that the defendant\nunreasonably failed to make a settlement offer or agree to a\nsettlement offer proposed by the plaintiff; or\n\nCosts Division 9.4.4\n(b) if defamation proceedings are unsuccessfully brought by a\nplaintiff and costs in the proceedings are to be awarded to the\ndefendant—order costs of and incidental to the proceedings to\nbe assessed on an indemnity basis if the court is satisfied that the\nplaintiff unreasonably failed to accept a settlement offer made\nby the defendant.\nsettlement offer means any offer to settle the proceedings made\nbefore the proceedings are determined, and includes an offer to make\namends (whether made before or after the proceedings are\ncommenced), that was a reasonable offer at the time it was made.\n\n","sortOrder":174},{"sectionNumber":"139L","sectionType":"section","heading":"Proof of publication","content":"139L Proof of publication\n(1) If a document appears to be printed or otherwise produced by means\nadapted for the production of numerous copies and there is in the\ndocument a statement to the effect that the document is printed,\nproduced, published or distributed by or for a particular person, the\nstatement is evidence in defamation proceedings that the document\nwas so printed, produced, published or distributed.\n(2) Evidence that a number or part of a document appearing to be a\nperiodical is printed, produced, published or distributed by or for a\nparticular person is evidence in defamation proceedings that a\ndocument appearing to be another number or part of the periodical\nwas so printed, produced, published or distributed.\nperiodical includes any newspaper, review, magazine or other printed\ndocument of which numbers or parts are published periodically.\n","sortOrder":175},{"sectionNumber":"139M","sectionType":"section","heading":"Proof of convictions for offences","content":"139M Proof of convictions for offences\n(1) If the question whether or not a person committed an offence is in\nquestion in defamation proceedings—\n(a) proof that the person was convicted of the offence by an\nAustralian court is conclusive evidence that the person\ncommitted the offence; and\n(b) proof that the person was convicted of the offence by a court of\nany country (other than an Australian court) or a court martial\nof any country is evidence that the person committed the\noffence.\n\nMiscellaneous—ch 9 Part 9.5\n(2) For the purposes of this section, the contents of a document that is\nevidence of conviction of an offence, and the contents of an\ninformation, complaint, indictment, charge sheet or similar document\non which a person is convicted of an offence, are admissible in\nevidence to identify the facts on which the conviction is based.\n(3) Subsection (2) does not affect the admissibility of other evidence to\nidentify the facts on which the conviction is based.\nconviction, for an offence, includes a finding of guilt, but does not\ninclude—\n(a) a conviction that has been set aside or quashed; or\n(b) a conviction for an offence for which a person has received a\npardon.\n","sortOrder":176},{"sectionNumber":"139N","sectionType":"section","heading":"Incriminating answers, documents or things","content":"139N Incriminating answers, documents or things\n(1) A person who is required to answer a question, or to discover or\nproduce a document or thing, in defamation proceedings is not\nexcused from answering the question or discovering or producing the\ndocument or thing on the ground that the answer to the question or\nthe discovery or production of the document or thing might tend to\nincriminate the person of an offence of criminal defamation.\n(2) However, any answer given to a question, or document or thing\ndiscovered or produced, by an individual in compliance with the\nrequirement is not admissible in evidence against the individual in\nproceedings for criminal defamation.\n\n","sortOrder":177},{"sectionNumber":"139O","sectionType":"section","heading":"Giving of notices and other documents","content":"139O Giving of notices and other documents\nFor this chapter, a notice or other document may be given to or served\non a person by sending it by messaging or other electronic\ncommunication to an electronic address or location indicated by the\nperson for giving documents to, or serving documents on, the person.\n1 a direct messaging address set out on an internet-based social media forum for\ncontacting the administrator of the forum about content on the forum\n2 a direct messaging address provided by the poster of digital matter on an\ninternet-based social media forum for contacting the poster about the content\nof the matter\n3 a form on a website provided by a digital intermediary enabling a user to\ncontact the intermediary by filling in the form or uploading documents\nNote For other ways documents may be given, see the Legislation Act, pt 19.5.\n\nTrespass Chapter 10\n","sortOrder":178},{"sectionNumber":"Part 10","sectionType":"part","heading":"Trespass","content":"Chapter 10 Trespass\n","sortOrder":179},{"sectionNumber":"141","sectionType":"section","heading":"Defence to action for trespass to land","content":"141 Defence to action for trespass to land\nIt is a defence to an action for trespass to land if the defendant\nestablishes that—\n(a) the defendant does not claim any interest in the land; and\n(b) the trespass was because of negligence or was not intentional;\nand\n(c) the defendant made a reasonable offer to make amends to the\nplaintiff before the action was brought.\n","sortOrder":180},{"sectionNumber":"142","sectionType":"section","heading":"Action for use and occupation of land—amount of","content":"142 Action for use and occupation of land—amount of\ndamages\n(1) This section applies to an action for damages for use and occupation\nof land.\n(2) Evidence may be given of a lease of the land (whether by deed, orally\nor otherwise) and of the rent payable under the lease.\n(3) The evidence must be received by the court as evidence of the amount\nof damages for the use and occupation of the land.\n(4) Proof of a lease of the land is not a defence to the action.\n\n","sortOrder":181},{"sectionNumber":"Part 11","sectionType":"part","heading":"1 Traveller accommodation","content":"Part 11.1 Traveller accommodation\nproviders liability\n","sortOrder":182},{"sectionNumber":"143","sectionType":"section","heading":"Purpose—pt 11.1","content":"143 Purpose—pt 11.1\nThe purpose of this part is to mitigate some of the harsh consequences\nof innkeeper’s liability at common law.\n","sortOrder":183},{"sectionNumber":"144","sectionType":"section","heading":"Definitions—pt 11.1","content":"144 Definitions—pt 11.1\naccommodation unit means an area of traveller accommodation that\nis designed to be used by a guest of the accommodation provider for\nsleeping.\nagent, of an accommodation provider, includes—\n(a) an employee of the accommodation provider; and\n(b) an apparent agent or employee of the accommodation provider.\nfault means negligence or another act or omission giving rise to a\nliability.\ninnkeeper’s liability—see section 147.\nlimitation amount means the amount prescribed by regulation.\nloss, of property, includes damage to, or destruction of, the property.\nprovide traveller accommodation includes offering to provide the\ntraveller accommodation.\nsafe custody facilities—see section 153 (1).\n\nPreliminary—pt 11.1 Division 11.1.1\n","sortOrder":184},{"sectionNumber":"145","sectionType":"section","heading":"Meaning of traveller accommodation","content":"145 Meaning of traveller accommodation\n(1) Traveller accommodation is accommodation provided for use by\nmembers of the travelling public as part of a commercial transaction.\n(2) Without limiting subsection (1), traveller accommodation includes\nthe following types of accommodation:\n(a) backpacker;\n(b) bed and breakfast;\n(c) hotel;\n(d) motel;\n(e) resort;\n(f) serviced apartment.\n(3) Accommodation is traveller accommodation even if the\naccommodation is provided without charge as long as the\naccommodation is provided as part of a commercial transaction.\nExamples of accommodation supplied as part of commercial transaction\n1 resort holidays supplied to purchasers of electrical goods from retail outlets\n2 accommodation supplied to members of the travel industry or the public\ngenerally for promoting the accommodation\n(4) Despite subsections (1) to (3)—\n(a) accommodation is traveller accommodation only if it includes\nan accommodation unit; and\n(b) accommodation in or on something, that is a means of transport,\nis not traveller accommodation if the particular thing is being\nused, or is ordinarily used, for transport.\n\n","sortOrder":185},{"sectionNumber":"146","sectionType":"section","heading":"Meaning of accommodation provider","content":"146 Meaning of accommodation provider\n(1) An accommodation provider is the person who operates a business\nthat includes providing traveller accommodation.\n(2) To remove any doubt, the owner of traveller accommodation is not\nnecessarily the accommodation provider.\nExample of accommodation provider\nThe letting agent for, or the manager of, serviced apartments is the accommodation\nprovider and not the owner of the apartments.\n","sortOrder":186},{"sectionNumber":"147","sectionType":"section","heading":"Meaning of innkeeper’s liability","content":"147 Meaning of innkeeper’s liability\n(1) For this part, innkeeper’s liability is innkeeper’s liability under the\ncommon law but only in relation to the strict liability imposed on an\ninnkeeper for failing to safeguard property of the innkeeper’s guests\nthat is brought to the innkeeper’s inn.\n(2) To remove any doubt, for innkeeper’s liability, loss of a guest’s\nproperty includes damage to, or destruction of, the property.\n(3) For innkeeper’s liability—\n(a) an accommodation provider, and only an accommodation\nprovider, is an innkeeper; and\n(b) traveller accommodation, and only traveller accommodation, is\nan inn.\n","sortOrder":187},{"sectionNumber":"148","sectionType":"section","heading":"Meaning of guest","content":"148 Meaning of guest\n(1) A guest is a person to whom, or for whom, traveller accommodation\nis provided by an accommodation provider.\n(2) However, the person is a guest only on a day when the person is\nprovided with the use of an accommodation unit at the traveller\naccommodation.\n\nLiability of accommodation providers Division 11.1.2\n(3) A guest does not include a person—\n(a) who is at the traveller accommodation only to obtain beverages\nor food or to visit someone else; or\n(b) who usually lives at the traveller accommodation.\n","sortOrder":188},{"sectionNumber":"149","sectionType":"section","heading":"Meaning of property of guest","content":"149 Meaning of property of guest\n(1) Property of a guest is the property brought to the traveller\naccommodation or its precincts by or for the guest.\n(2) However, property of a guest does not include—\n(a) a motor vehicle brought to the traveller accommodation or its\nsurrounds by or for the guest, or other things owned by the guest\nleft in or on the motor vehicle; or\n(b) property taken from the traveller accommodation or its\nsurrounds by or for the guest.\n","sortOrder":189},{"sectionNumber":"150","sectionType":"section","heading":"Application—div 11.1.2","content":"150 Application—div 11.1.2\nThis division applies to the property of a guest after the\naccommodation provider, or the provider’s agent, knows or is told\nabout the arrival of the guest or the guest’s property at the traveller\naccommodation or its surrounds.\n","sortOrder":190},{"sectionNumber":"151","sectionType":"section","heading":"Limitation on strict liability under innkeeper’s liability","content":"151 Limitation on strict liability under innkeeper’s liability\n(1) This section applies to an accommodation provider’s liability under\ninnkeeper’s liability for a loss of the guest’s property.\n(2) The liability for the loss is limited to the limitation amount for each\naccommodation unit provided for the use of the guest on the day of\nthe loss, despite—\n(a) the amount of the loss on the day; or\n\n(b) the number of guests who, on the day, are provided with the use\nof the accommodation unit and suffer a loss of property.\n(3) Despite the limitation on the liability to the limitation amount, the\naccommodation provider’s liability is subject to the defences\navailable at common law for an innkeeper, including the perils of\ntravel defences.\n","sortOrder":191},{"sectionNumber":"152","sectionType":"section","heading":"Circumstances when limitation does not apply","content":"152 Circumstances when limitation does not apply\n(1) The limitation on the accommodation provider’s liability under\nsection 151 (2) does not apply if the loss of a guest’s property—\n(a) is caused by the fault of the accommodation provider or the\nprovider’s agent; or\n(b) happens after the accommodation provider, or the provider’s\nagent, accepts the property for depositing in safe custody\nfacilities; or\n(c) happens while the property is left, at the invitation of the\naccommodation provider or the provider’s agent, at a particular\nplace outside of the accommodation unit provided to the guest.\n(2) Also, the limitation on the accommodation provider’s liability under\nsection 151 (2) does not apply if—\n(a) at the time the guest is provided with the use of an\naccommodation unit, the accommodation provider did not\ncomply with section 154 (1) (a) (Notice about pt 11.1); or\n(b) during all of the period the guest is provided with the use of an\naccommodation unit, the accommodation provider did not do\n1 of the following:\n(i) comply with section 154 (1) (b) in relation to the\naccommodation unit;\n(ii) have a system in operation as mentioned in section 154 (2).\n\nLiability of accommodation providers Division 11.1.2\n","sortOrder":192},{"sectionNumber":"153","sectionType":"section","heading":"Safe custody facilities","content":"153 Safe custody facilities\n(1) This section applies if an accommodation provider, or the provider’s\nagent, accepts a guest’s property for safekeeping in facilities\ncontrolled by the accommodation provider or the provider’s agent\n(safe custody facilities), other than facilities located in an\naccommodation unit for the safekeeping of property.\n(2) The accommodation provider is liable for the loss of the guest’s\nproperty if it happens after the accommodation provider, or the\nprovider’s agent, accepts the property for deposit in the safe custody\nfacilities.\n(3) An accommodation provider, or the provider’s agent, may require a\nguest who asks to use safe custody facilities for the guest’s property\nto place the property in a container and fasten or seal the container.\n(4) If the accommodation provider provides safe custody facilities, the\naccommodation provider must accept a guest’s property for deposit\nin the safe custody facilities unless—\n(a) the guest does not place the property in a container and fasten or\nseal it, in response to a requirement under subsection (3); or\n(b) the accommodation provider reasonably considers that\ndepositing the property in the safe custody facilities would be\nunreasonable having regard to the property’s nature, size or\nvalue and the type of accommodation and tariff charged for the\naccommodation unit.\n(5) This section does not require an accommodation provider to provide\nsafe custody facilities.\n\n","sortOrder":193},{"sectionNumber":"154","sectionType":"section","heading":"Notice about pt 11.1","content":"154 Notice about pt 11.1\n(1) An accommodation provider must ensure that the notice set out in\nschedule 1 is conspicuously displayed so it can be easily read by a\nperson when the person is—\n(a) in the reception area for, or main entrance to, the traveller\naccommodation; and\n(b) in an accommodation unit.\n(2) However, subsection (1) (b) does not apply if the accommodation\nprovider has a system in operation under which—\n(a) for each accommodation unit provided for the use of a guest—\nthe guest is given a copy of the notice, including, for example,\nas part of the key tag or access card for, or in the compendium\nin, the accommodation unit; and\n(b) the guest is told about the notice and where it is located at the\ntime the guest checks in to the traveller accommodation.\n\nPreliminary—common carriers Division 11.2.1\n","sortOrder":194},{"sectionNumber":"Div 11","sectionType":"division","heading":"2.1 Preliminary—common carriers","content":"Division 11.2.1 Preliminary—common carriers\n","sortOrder":195},{"sectionNumber":"155","sectionType":"section","heading":"Purpose—pt 11.2","content":"155 Purpose—pt 11.2\nThe purpose of this part is to mitigate some of the harsh consequences\nof common carriers’ liability at common law.\n","sortOrder":196},{"sectionNumber":"156","sectionType":"section","heading":"Definitions—pt 11.2","content":"156 Definitions—pt 11.2\ncommon carrier means a common carrier by land.\nschedule 2 packaged goods—see section 159 (1).\ntransport means carriage—\n(a) under a contract of carriage; or\n(b) incidental to the carriage of a person for reward.\nDivision 11.2.2 When common law liability of carriers\nnot affected\n","sortOrder":197},{"sectionNumber":"157","sectionType":"section","heading":"Certain things not protected by pt 11.2","content":"157 Certain things not protected by pt 11.2\n(1) This part does not protect a common carrier from liability under the\ncommon law if the loss of, or damage to, goods or an animal given to\nthe carrier for transport results from the criminal or fraudulent act of\nthe carrier or an employee or agent of the carrier.\n(2) This part does not protect an employee or agent of a common carrier\nfrom liability under the common law if the loss of, or damage to,\ngoods or an animal given to the carrier for transport results from the\nemployee’s or agent’s personal neglect or misconduct.\n\nDivision 11.2.3 Liability of common carriers for certain goods worth more than $20\n","sortOrder":198},{"sectionNumber":"158","sectionType":"section","heading":"Public notices by carrier not to affect liability","content":"158 Public notices by carrier not to affect liability\nA public notice (other than a notice mentioned in section 160 (1)\n(Notice of increased charge for transport of certain goods) or\nsection 165 (1) (Notice of increased charge for transport of certain\nanimals)) or declaration does not limit or otherwise affect a common\ncarrier’s liability under the common law.\nDivision 11.2.3 Liability of common carriers for\ncertain goods worth more than $20\n","sortOrder":199},{"sectionNumber":"159","sectionType":"section","heading":"Liability of carriers for certain goods worth more than $20","content":"159 Liability of carriers for certain goods worth more than $20\n(1) This section applies if goods mentioned in schedule 2 that are\ncontained in a parcel or package and worth more than $20 (schedule\n2 packaged goods) are given to a common carrier for transport.\n(2) The common carrier is not liable for more than $20 for the loss of, or\ndamage to, the goods.\n(3) However, subsection (2) does not apply if—\n(a) at or before the time the goods are given to the carrier for\ntransport, the person giving the goods declares the nature and\nvalue of the goods in the parcel or package; and\n(b) the person giving the goods pays, or agrees to pay, any increased\ncharge mentioned in section 160 (1) that is asked for by the\ncarrier for the transport of the goods; and\n(c) the carrier receives the goods for transport.\n","sortOrder":200},{"sectionNumber":"160","sectionType":"section","heading":"Notice of increased charge for transport of certain goods","content":"160 Notice of increased charge for transport of certain goods\n(1) If a common carrier sets an increased charge for the transport of\nschedule 2 packaged goods, the common carrier must clearly display,\nin a public part of the place where goods are received for transport, a\nlegible notice setting out the increased charge for the transport of the\ngoods.\n\nLiability of common carriers for certain goods worth more than $20 Division 11.2.3\n(2) A person is bound by the notice even if the person does not have\nactual knowledge of it.\n(3) If a common carrier receives schedule 2 packaged goods from a\nperson for transport in the circumstances mentioned in section 159 (3)\n(Liability of carriers for certain goods worth more than $20), but does\nnot comply with subsection (1)—\n(a) the carrier is liable under the common law for the loss of, or\ndamage to, the goods; and\n(b) if the person has paid an increased charge for the transport—the\ncarrier must refund the increased charge.\n","sortOrder":201},{"sectionNumber":"161","sectionType":"section","heading":"Receipt of carrier for increased charge","content":"161 Receipt of carrier for increased charge\n(1) If a person pays or agrees to pay a common carrier an increased\ncharge for transport of schedule 2 packaged goods, and the person\nasks for a receipt, the carrier must give the person a receipt stating\nthat the goods are insured.\n(2) If the carrier does not give the person the receipt—\n(a) section 159 (2) (Liability of carriers for certain goods worth\nmore than $20) does not apply to the carrier; and\n(b) the carrier is liable under the common law for the loss of, or\ndamage to, the goods; and\n(c) if the person has paid an increased charge for the transport—the\ncarrier must refund the increased charge.\n","sortOrder":202},{"sectionNumber":"162","sectionType":"section","heading":"Carrier only liable for proven amount for certain goods","content":"162 Carrier only liable for proven amount for certain goods\n(1) If—\n(a) a person gives schedule 2 packaged goods to a common carrier\nfor transport; and\n(b) the person declares the nature and value of the goods in\naccordance with this division; and\n\nDivision 11.2.4 Liability of common carriers for certain animals\n(c) the person pays, or agrees to pay, any increased charge\nmentioned in section 160 (1) that is asked for by the carrier for\nthe transport of the goods; and\n(d) the carrier receives the goods for transport, but the goods are lost\nor damaged;\nthe carrier is liable for not more than the proven amount for the goods.\n(2) Subsection (1) has effect despite the declaration of the value of the\nschedule 2 packaged goods or the acceptance of the declared value by\nthe common carrier before or at the time the goods were accepted for\ntransport.\nproven amount, for goods, means the lesser of the actual or declared\nvalue of the goods.\nDivision 11.2.4 Liability of common carriers for\ncertain animals\n","sortOrder":203},{"sectionNumber":"163","sectionType":"section","heading":"Definitions—div 11.2.4","content":"163 Definitions—div 11.2.4\nIn this division:\nanimal means a horse, cattle, sheep or pig.\ndefault value, for an animal, means the amount mentioned in\ntable 164, column 3 for the animal.\n","sortOrder":204},{"sectionNumber":"164","sectionType":"section","heading":"Liability of carriers for certain animals","content":"164 Liability of carriers for certain animals\n(a) an animal is given to a common carrier for transport; and\n(b) the animal is worth more than the default value.\n(2) The common carrier is not liable for more than the default value for\nthe loss of, or damage to, the animal.\n\nLiability of common carriers for certain animals Division 11.2.4\n(3) However, subsection (2) does not apply if—\n(a) at or before the time the animal is given to the carrier for\ntransport, the person giving the animal declares the value of the\nanimal; and\n(b) the person giving the animal pays, or agrees to pay, any\nincreased charge mentioned in section 165 (1) that is asked for\nby the carrier for the transport of the animal; and\n(c) the carrier receives the animal for transport.\nTable 164 Default value for certain animals\ncolumn 1\nitem\ncolumn 2\nanimal\ncolumn 3\namount per animal\n1 horse $100\n2 cattle $30\n3 sheep $4\n4 pig $4\n","sortOrder":205},{"sectionNumber":"165","sectionType":"section","heading":"Notice of increased charge for transport of certain","content":"165 Notice of increased charge for transport of certain\nanimals\n(1) If a common carrier sets an increased charge for the transport of\nanimals, the carrier must clearly display, in a public part of the place\nwhere an animal is received for transport, a legible notice setting out\nany increased charge for the transport of the animal if the animal’s\nvalue is more than the default value.\n(2) A person is bound by the notice even if the person does not have\nactual knowledge of it.\n\nDivision 11.2.5 Notice, condition or declaration of carrier\n","sortOrder":206},{"sectionNumber":"166","sectionType":"section","heading":"Carrier only liable for proven amount for certain animals","content":"166 Carrier only liable for proven amount for certain animals\n(1) If—\n(a) a person gives an animal to a common carrier for transport; and\n(b) the person declares the value of the animal in accordance with\nthis division; and\n(c) the person pays, or agrees to pay, any increased charge\nmentioned in section 165 (1) that is asked for by the carrier for\nthe transport of the animal; and\n(d) the carrier receives the animal for transport, but the animal is\nlost or damaged;\nthe carrier is liable for not more than the proven amount for the\nanimal.\n(2) Subsection (1) has effect despite the declaration of the value of the\nanimal or the acceptance of the declared value by the common carrier\nbefore or at the time the animal was accepted for transport.\nproven amount, for an animal, means the lesser of the actual or\ndeclared value of the animal.\nDivision 11.2.5 Notice, condition or declaration of\ncarrier\n","sortOrder":207},{"sectionNumber":"167","sectionType":"section","heading":"Carrier liable for neglect or default despite notice etc","content":"167 Carrier liable for neglect or default despite notice etc\n(1) A common carrier is liable for the loss of, or damage to, goods or\nanimals given to the carrier for transport if the loss or damage results\nfrom the carrier’s neglect or default despite any notice condition or\ndeclaration made by the carrier that excludes or limits the carrier’s\nliability.\n(2) A notice, condition or declaration mentioned in subsection (1) is void.\n\nNotice, condition or declaration of carrier Division 11.2.5\n(3) But, a contract of carriage may contain conditions about the transport\nof goods or animals that are just and reasonable.\n(4) Also, a special contract between a common carrier and someone else\nfor the transport of goods or animals is binding on the other person if,\nbut only if, it is signed by the other person or the person giving the\ncarrier the goods or animals for transport.\n(5) This section does not affect a common carrier’s rights or liabilities\nunder division 11.2.3 (Liability of common carriers for certain goods\nworth more than $20).\nnotice does not include a notice mentioned in section 160 (1) (Notice\nof increased charge for transport of certain goods) or section 165 (1)\n(Notice of increased charge for transport of certain animals).\n\n","sortOrder":208},{"sectionNumber":"168","sectionType":"section","heading":"Liability of occupiers","content":"168 Liability of occupiers\n(1) An occupier of premises owes a duty to take all care that is reasonable\nin the circumstances to ensure that anyone on the premises does not\nsuffer injury or damage because of—\n(a) the state of the premises; or\n(b) things done or omitted to be done about the state of the premises.\n(2) Without limiting subsection (1), in deciding whether the duty of care\nhas been discharged consideration must be given to the following:\n(a) the gravity and likelihood of the probable injury;\n(b) the circumstances of the entry onto the premises;\n(c) the nature of the premises;\n(d) the knowledge the occupier has or should have about the\nlikelihood of people or property being on the premises;\n(e) the age of the person entering the premises;\n(f) the ability of the person entering the premises to appreciate the\ndanger;\n(g) the burden on the occupier of removing the danger or protecting\nthe person entering the premises from the danger as compared\nto the risk of the danger to the person.\n(3) Part 7.1 (Damages for personal injuries—exclusions and limitations)\nand part 7.3 (Contributory negligence), other than section 102 (2),\napply in relation to a claim brought by a person against an occupier\nof premises in relation to injury or damage.\n\nOther liability provisions Chapter 12\nOccupiers liability Part 12.1\n(4) This section replaces the common law rules about the standard of care\nan occupier of premises must show to people entering on the premises\nin relation to any dangers to them.\n(5) This section does not affect—\n(a) other common law rules about the liability of occupiers to\npeople entering on their premises; or\n(b) any obligation an occupier of premises has under another Act or\nany statutory instrument or contract.\noccupier, of premises, includes the lessor of premises let under a\ntenancy who—\n(a) is under an obligation to the tenant to maintain or repair the\npremises; or\n(b) could exercise a right to enter the premises to carry out\nmaintenance or repairs.\n\nPart 12.2 Liability for damage caused by animals\nPart 12.2 Liability for damage caused by\nanimals\n169 Evidence of breach of duty for animals\n(1) This section applies if an animal (other than a dog or cat) was on\npremises and—\n(a) the occupier of the premises—\n(i) could not lawfully prevent the animal from being on the\npremises; or\n(ii) had not consented to the animal being on the premises; and\n(b) someone other than the occupier of the premises was, when the\nanimal was on the premises, under a duty to another person to\ntake reasonable care that the other person would not be subjected\nto the danger of the animal causing damage to the other person;\nand\n(c) the animal caused damage to the other person.\n(2) The fact that the animal was on the premises when the damage was\ncaused is evidence of breach of the duty.\non includes in.\npremises does not include a place that is open to or used by the public\nas a road.\n\nOther liability provisions Chapter 12\nLiability for fires accidentally begun Part 12.3\n","sortOrder":209},{"sectionNumber":"Part 12","sectionType":"part","heading":"3 Liability for fires accidentally","content":"Part 12.3 Liability for fires accidentally\nbegun\n","sortOrder":210},{"sectionNumber":"170","sectionType":"section","heading":"Actions do not lie for damage caused by accidental fires","content":"170 Actions do not lie for damage caused by accidental fires\n(1) An action does not lie against a person in whose house, room or other\nbuilding, or on whose property, a fire accidentally starts for injury or\ndamage caused by the fire to someone else, or for damage caused by\nthe fire to the property of someone else.\n(2) Subsection (1) applies despite any other territory law or any usage or\ncustom in force in the ACT.\n(3) For subsection (1), a fire must not be taken to have started\naccidentally if it was started deliberately or negligently.\n","sortOrder":211},{"sectionNumber":"171","sectionType":"section","heading":"Contract between landlord and tenant not affected","content":"171 Contract between landlord and tenant not affected\nSection 170 does not affect, or make void, any term of a contract or\nagreement made between a landlord and tenant about the leasing or\nletting of premises, or a part of premises, by the landlord to the tenant.\n\n","sortOrder":212},{"sectionNumber":"172","sectionType":"section","heading":"Definitions—ch 13","content":"172 Definitions—ch 13\ncourt includes an arbitrator.\nnon-fraudulent misrepresentation means a misrepresentation that\nwas not made fraudulently.\n","sortOrder":213},{"sectionNumber":"173","sectionType":"section","heading":"Removal of certain bars to rescission for","content":"173 Removal of certain bars to rescission for\nmisrepresentation\n(a) a person enters into a contract after a misrepresentation is made\nto the person; and\n(b) the person would be entitled to rescind the contract without\nclaiming fraud if 1 or more of the following matters (former\nbars) did not apply:\n(i) the misrepresentation has become a term of the contract;\n(ii) the contract has been performed;\n(iii) a conveyance, transfer or other document has been\nregistered under a territory law or a law of the\nCommonwealth, a State or another Territory because of the\ncontract.\n(2) The person may rescind the contract even though 1 or more of the\nformer bars apply.\n(3) This section is subject to the following sections:\n• section 175 (Damages instead of rescission for\nmisrepresentation)\n• section 176 (3) (Exclusion clauses—misrepresentation).\n\nMisrepresentation Chapter 13\n","sortOrder":214},{"sectionNumber":"174","sectionType":"section","heading":"Damages for misrepresentation","content":"174 Damages for misrepresentation\n(1) This section applies if a person (the first person) enters into a contract\nafter a non-fraudulent misrepresentation is made to the first person\nby—\n(a) another party to the contract; or\n(b) a person acting for another party to the contract; or\n(c) a person who receives any direct or indirect material advantage\nbecause of the formation of the contract.\n(2) If the first person suffers loss because of entering into the contract,\nanyone (whether or not that person made the misrepresentation) who\nwould be liable for damages in tort for the loss, if the\nmisrepresentation had been made fraudulently, is liable for damages\nfor the loss.\n(3) It is a defence to an action under subsection (2) that—\n(a) if the representation was made by the defendant—the defendant\nhad reasonable grounds for believing, and did believe up to the\ntime the contract was made, that the representation was true; or\n(b) if the representation was made by a person acting for the\ndefendant—both the defendant and that person had reasonable\ngrounds for believing, and did believe up to the time the contract\nwas made, that the representation was true.\n","sortOrder":215},{"sectionNumber":"175","sectionType":"section","heading":"Damages instead of rescission for misrepresentation","content":"175 Damages instead of rescission for misrepresentation\n(1) This section applies if, in an action arising out of a contract, a person\nhas rescinded, or may rescind, the contract on the ground of\nnon-fraudulent misrepresentation.\n\n(2) The court may declare the contract to be existing and award damages,\nor award damages instead of ordering rescission, if the court\nconsiders that—\n(a) the consequences of a declaration are preferable to the\nconsequences of rescission in the circumstances of the case; and\n(b) it is just and equitable to do so.\n(3) Damages may be awarded against a person under subsection (2) even\nif the person is not liable for damages under section 174.\n(4) However, a court must take into account—\n(a) in assessing damages under section 174 or this section—any\naward of damages under section 174 or this section, or damages\nor compensation under any other law; or\n(b) in assessing damages or compensation under any other law\nrelating to a contract—any award of damages under this chapter.\n","sortOrder":216},{"sectionNumber":"176","sectionType":"section","heading":"Exclusion clauses—misrepresentation","content":"176 Exclusion clauses—misrepresentation\n(1) This section applies if an agreement contains a provision that would,\napart from this section, exclude or restrict—\n(a) any liability of a party to a contract because of a\nmisrepresentation made by the party before the contract was\nmade; or\n(b) any remedy available to another party to the contract because of\na misrepresentation mentioned in paragraph (a).\n(2) The provision is of no effect.\n(3) However, in an action arising out of the contract, the court may allow\nthe provision to be relied on if the court considers it fair and\nreasonable in the circumstances to rely on it.\n\nMisrepresentation Chapter 13\n","sortOrder":217},{"sectionNumber":"177","sectionType":"section","heading":"Misrepresentation in trade or commerce an offence","content":"177 Misrepresentation in trade or commerce an offence\n(1) A person must not make a misrepresentation, in the course of trade or\ncommerce—\n(a) to make or induce someone else to enter into a contract; or\n(b) to make or induce someone else to pay an amount, or to transfer\nreal or personal property, to the person or to someone else.\nMaximum penalty: 200 penalty units\n(2) It is a defence to a prosecution for an offence against this section that\nthe person who made the representation believed on reasonable\ngrounds that the representation was true.\n","sortOrder":218},{"sectionNumber":"178","sectionType":"section","heading":"Employer etc liable for misrepresentation","content":"178 Employer etc liable for misrepresentation\n(1) If the misrepresentation mentioned in section 177 (1) is made by a\nperson acting in the course of his or her employment, the person’s\nemployer commits an offence.\nMaximum penalty: 200 penalty units.\n(2) If the misrepresentation mentioned in section 177 (1) is made by a\nperson authorised to act for someone else, the other person commits\nan offence.\nMaximum penalty: 200 penalty units.\n(3) It is a defence to a prosecution for an offence against this section—\n(a) that the defendant took reasonable precautions to prevent\nmisrepresentations being made by the defendant’s employees or\npeople acting for the defendant; or\n(b) that the defendant did not know, and could not reasonably be\nexpected to have known, that the representation was made or\nthat it was untrue.\n\n","sortOrder":219},{"sectionNumber":"179","sectionType":"section","heading":"Prosecutions for misrepresentation","content":"179 Prosecutions for misrepresentation\n(1) This section applies if in a prosecution for an offence against\nsection 177 or section 178, it is proved that—\n(a) a misrepresentation was in fact a material inducement to a\nperson—\n(i) to enter into a contract; or\n(ii) to pay an amount, or to transfer real or personal property,\nto the person who made the misrepresentation or someone\nelse; and\n(b) the person who made the misrepresentation received a direct or\nindirect material advantage because of the contract, payment or\ntransfer.\n(2) It must be assumed, unless the contrary is proven, that the\nmisrepresentation was made to induce the person to whom it was\nmade to enter into the contract, make the payment or transfer the\nproperty.\n\n","sortOrder":220},{"sectionNumber":"Part 14","sectionType":"part","heading":"1 Maximum costs for certain","content":"Part 14.1 Maximum costs for certain\npersonal injury damages claims\n","sortOrder":221},{"sectionNumber":"180","sectionType":"section","heading":"Definitions—pt 14.1","content":"180 Definitions—pt 14.1\ncosts do not include—\n(a) disbursements that are charges for services other than legal\nservices; or\n(b) disbursements that are counsel’s fees on a brief to appear in an\naction; or\n(c) any other disbursements.\ncourt includes a tribunal or arbitrator.\npersonal injury damages means damages that relate to the death of,\nor injury to, a person caused by someone else’s wrongful act or\nomission (whether or not an offence).\n","sortOrder":222},{"sectionNumber":"181","sectionType":"section","heading":"Maximum costs for claims of $50 000 or less","content":"181 Maximum costs for claims of $50 000 or less\n(1) This section applies if the amount recovered on a claim for personal\ninjury damages is $50 000 or less.\n(2) If this section applies—\n(a) a lawyer is not entitled to be paid; and\n(b) a court (or a taxing officer) must not decide that a lawyer is\nentitled to be paid; and\n\nPart 14.1 Maximum costs for certain personal injury damages claims\n(c) a court must not order anyone to pay to a lawyer;\nan amount for legal services in relation to the claim that (or that\ntogether with other amounts) is more than the maximum costs\nallowable under this section.\n(3) Subsection (2) is subject to the following sections:\n• section 182 (Costs incurred after offer of compromise not\naccepted)\n• section 183 (Exclusion of costs unnecessarily incurred etc)\n• section 184 (Court discretion to allow additional costs).\n(4) The maximum costs allowable for legal services provided to the\nplaintiff in relation to the claim are the greater of—\n(a) the relevant percentage of the amount recovered; and\n(b) the relevant amount.\n(5) The maximum costs allowable for legal services provided to the\ndefendant in relation to the claim are the greater of—\n(a) the relevant percentage of the amount sought to be recovered by\nthe plaintiff; and\n(b) the relevant amount.\namount recovered, on a claim—\n(a) includes an amount paid under a compromise or settlement of\nthe claim, whether or not an action has been begun; but\n(b) does not include an amount attributable to costs or to the\naddition of interest.\n\namount sought to be recovered by a plaintiff means, if an action is\nbegun—\n(a) the amount sought to be proved by the plaintiff at the hearing of\nthe claim; or\n(b) if the claim is for unliquidated damages—the amount that the\ncourt (or a taxing officer) decides is, for this section, the amount\nsought to be recovered by the plaintiff on the claim.\nrelevant amount means $10 000 or, if another amount is prescribed\nby regulation for this definition, the prescribed amount.\nrelevant percentage means 20% or, if another percentage is\nprescribed by regulation for this definition, the prescribed percentage.\n","sortOrder":223},{"sectionNumber":"182","sectionType":"section","heading":"Costs incurred after offer of compromise not accepted","content":"182 Costs incurred after offer of compromise not accepted\n(a) a party to a claim for personal injury damages makes an offer of\ncompromise on the claim; and\n(b) the offer is expressed to be made for this section; and\n(c) the offer is not accepted; and\n(d) the court decides or makes an order or award on the claim that\nis no less favourable to the party than the terms of the offer.\n(2) Section 181 (Maximum costs for claims of $50 000 or less) does not\nprevent the awarding of costs against another party, to be assessed on\nan indemnity basis, for legal services provided after the offer is made.\n(3) A regulation may—\n(a) require lawyers to give their clients information about the effect\nof this section if an offer of compromise is not accepted; and\n(b) make provision in relation to the requirement, including, for\nexample, what information must be given and how and when it\nmust be given.\n\nPart 14.1 Maximum costs for certain personal injury damages claims\n(4) If the court considers that—\n(a) a lawyer has contravened a regulation made for this section; and\n(b) the lawyer’s client has incurred an increased liability for costs\nfor not accepting an offer of compromise;\nthe court may (on its own initiative or on application by the client)\nmake either or both of the orders mentioned in subsection (5).\n(5) The orders are—\n(a) an order directing the lawyer to repay to the client (or to pay) all\nor part of the increased costs that the client has been ordered to\npay to another party; and\n(b) an order directing the lawyer to indemnify a party other than the\nclient against all or part of the costs payable by the party for\nlegal services provided after the offer was made.\n(6) A regulation may prohibit or restrict the making of offers of\ncompromise otherwise than under this section.\n","sortOrder":224},{"sectionNumber":"183","sectionType":"section","heading":"Exclusion of costs unnecessarily incurred etc","content":"183 Exclusion of costs unnecessarily incurred etc\n(1) This section applies to legal services provided to a party to a claim\nfor personal injury damages if a court is satisfied that—\n(a) the legal services were provided in response to action on the\nclaim by or on behalf of the other party to the claim; and\n(b) in the circumstances, the action was not necessary or reasonable\nfor the advancement of the party’s case or was intended, or was\nreasonably likely, to unnecessarily delay or complicate\ndetermination of the claim.\n(2) The court may order that the costs for the legal services are to be\nexcluded from the operation of section 181 (Maximum costs for\nclaims of $50 000 or less).\n\n","sortOrder":225},{"sectionNumber":"184","sectionType":"section","heading":"Court discretion to allow additional costs","content":"184 Court discretion to allow additional costs\n(1) This section applies if a court, or a taxing officer, decides (on the\ncourt’s or taxing officer’s own initiative or on the application of a\nparty to the claim) that the maximum costs for legal services\nallowable under this part in relation to a claim for personal injury\ndamages should be increased because of—\n(a) the complexity of the claim; or\n(b) the behaviour of 1 or more of the parties to the claim.\n(2) The court or taxing officer may order that the lawyer who provided\nthe services is entitled to stated additional costs.\n(3) If the court or taxing officer makes an order under subsection (2), the\ncourt or taxing officer may state who is to pay the additional costs.\n(4) A regulation may make provision in relation to the making of orders\nunder this section.\n","sortOrder":226},{"sectionNumber":"185","sectionType":"section","heading":"Apportionment of costs between lawyers","content":"185 Apportionment of costs between lawyers\nIf more than 1 lawyer provides legal services to a party in relation to\na claim for personal injury damages, the maximum costs allowable\nunder this part (including any additional amount allowed under\nsection 184) are to be apportioned between them as agreed by them\nor, if they do not agree, as ordered by the court (or a taxing officer).\n\nPart 14.2 Costs in damages claims if no reasonable prospects of success\nPart 14.2 Costs in damages claims if no\nreasonable prospects of success\n186 Definitions—pt 14.2\ncourt includes a tribunal or arbitrator.\nprovable facts, in relation to a lawyer—a fact is provable in relation\nto a lawyer only if the lawyer believes on reasonable grounds that the\nmaterial then available to the lawyer provides a proper basis for\nclaiming the fact.\nreasonable prospects of success—\n(a) a claim has reasonable prospects of success if there are\nreasonable prospects of damages being recovered on the claim;\nand\n(b) a defence has reasonable prospects of success if there are\nreasonable prospects of the defence defeating the claim or\nleading to a reduction in the damages recovered on the claim.\n","sortOrder":227},{"sectionNumber":"187","sectionType":"section","heading":"Application—pt 14.2","content":"187 Application—pt 14.2\n(1) This part applies despite any obligation of the lawyer to act in\naccordance with the instructions or wishes of the client.\n(2) This part does not apply to legal services provided by a lawyer in\nrelation to a claim for damages at any time before the lawyer gives\nthe certification required under section 188 for the claim.\n(3) Also, this part does not apply to a claim for damages if the court\nconsiders that it is in the interests of justice for the claim to be\ncontinued and makes an order to that effect.\n\nCosts in damages claims if no reasonable prospects of success Part 14.2\n","sortOrder":228},{"sectionNumber":"188","sectionType":"section","heading":"Certificate that claim or defence has reasonable","content":"188 Certificate that claim or defence has reasonable\n(1) This section applies to a lawyer who is providing legal services on a\nclaim for damages, or in defence of a claim for damages.\n(2) The lawyer must not lodge a pleading in a court for filing, or file a\npleading in a court, in relation to the claim unless the lawyer has\nlodged for filing or filed in the court, or the pleading is accompanied\nby, a certificate stating that the lawyer believes, on the basis of\nprovable facts and a reasonably arguable view of the law, that the\nclaim or defence has reasonable prospects of success.\n(3) Contravention of subsection (2) by a lawyer is not an offence but can\nbe professional misconduct or unsatisfactory professional conduct\nunder the Legal Profession Act 2006, chapter 4 (Complaints and\ndiscipline).\n(4) A regulation may make provision in relation to the certificate\nmentioned in subsection (2), including, for example, about the form\nof the certificate.\n","sortOrder":229},{"sectionNumber":"189","sectionType":"section","heading":"Costs order against lawyer acting without reasonable","content":"189 Costs order against lawyer acting without reasonable\n(1) If the court in which a pleading has been signed in relation to a claim\nfor damages considers that legal services were provided by a lawyer\nfor a client on the claim, or in defence of the claim, without the claim\nor defence having reasonable prospects of success, the court may (on\nits own initiative or on the application of a party to the proceeding)\nmake either or both of the following orders:\n(a) an order directing the lawyer to repay to the client (or to pay) all\nor part of the costs that the client has been ordered to pay to\nanother party;\n(b) an order directing the lawyer to indemnify a party other than the\nclient against all or part of the costs payable by that party.\n\nPart 14.2 Costs in damages claims if no reasonable prospects of success\n(2) The Supreme Court may, on its own initiative or on the application of\na party to the action, make any order that the court considers\nnecessary for this section.\n(3) An application for an order under this section cannot be made after\nthe court concerned (or a taxing officer) has made a final decision\nabout the costs payable in the action.\n(4) A lawyer is not entitled to demand, recover or accept from a client\nany part of the costs for which the lawyer is directed to indemnify a\nparty under an order under this section.\n","sortOrder":230},{"sectionNumber":"190","sectionType":"section","heading":"Onus on lawyer to show facts provided reasonable","content":"190 Onus on lawyer to show facts provided reasonable\n(1) For this part, it must be presumed that legal services were provided\nfor a client by a lawyer on a claim for damages, or in defence of a\nclaim for damages, without the claim or defence having reasonable\nprospects of success if—\n(a) the trial court hearing the action finds that the facts established\nby the evidence before the court do not form the basis for a belief\non reasonable grounds that the claim or defence had reasonable\nprospects of success; or\n(b) the Supreme Court (if it is not the trial court) is satisfied, because\nof a finding, or the judgment, of the trial court, that the facts\nestablished by the evidence before the trial court do not form the\nbasis for a belief on reasonable grounds that the claim or defence\nhad reasonable prospects of success.\n(2) The lawyer can rebut the presumption by establishing that, when the\nlegal services were provided, there were provable facts that provided\na basis for a belief on reasonable grounds that the claim or defence\nhad reasonable prospects of success.\n\nCosts in damages claims if no reasonable prospects of success Part 14.2\n(3) For the purpose of rebutting the presumption, a lawyer may disclose\ninformation or a document despite client legal privilege (including\nany duty of confidentiality to a client) if—\n(a) the client is the client for whom the legal services were provided;\nor\n(b) the client consents to the disclosure; or\n(c) the court is satisfied that the disclosure is necessary for the\nlawyer to rebut the presumption.\n\n","sortOrder":231},{"sectionNumber":"191","sectionType":"section","heading":"Purpose of pt 15.1 etc","content":"191 Purpose of pt 15.1 etc\n(1) The purpose of this part is to enable a tribunal to refer matters for\nmediation or neutral evaluation.\n(2) This part does not prevent the parties to a proceeding from agreeing\nto, and arranging for, mediation or neutral evaluation of any matter\notherwise than under this part.\n","sortOrder":232},{"sectionNumber":"192","sectionType":"section","heading":"Meaning of mediation, neutral evaluation etc","content":"192 Meaning of mediation, neutral evaluation etc\n(1) For this part, mediation is a structured negotiation process in which\nthe mediator, as a neutral and independent party, assists the parties to\na dispute to achieve their own resolution of the dispute.\n(2) For this part, mediation session means a meeting arranged for the\nmediation of a matter under this part.\n(3) For this part, neutral evaluation is a process of evaluation of a dispute\nin which the evaluator seeks to identify and reduce the issues of fact\nand law that are in dispute.\n(4) The evaluator’s role includes assessing the relative strengths and\nweaknesses of each party’s case and offering an opinion about the\nlikely outcome of the proceeding, including any likely findings of\nliability or the award of damages.\n(5) For this part, neutral evaluation session means a meeting arranged\nfor the neutral evaluation of a matter under this part.\n\nMediation and neutral evaluation Part 15.1\n","sortOrder":233},{"sectionNumber":"193","sectionType":"section","heading":"Who can be a mediator","content":"193 Who can be a mediator\n(1) A person can be a mediator if the person is—\n(a) an accredited mediator; and\n(b) appointed by a tribunal as a mediator.\naccredited mediator means a person who is entered as a mediator in\nthe register of nationally accredited mediators maintained by the\nMediator Standards Board.\nMediator Standards Board means the incorporated body registered\nunder the Corporations Act as the Mediator Standards Board Limited\n(ACN 145 829 812).\n","sortOrder":234},{"sectionNumber":"194","sectionType":"section","heading":"Who can be an evaluator","content":"194 Who can be an evaluator\nThe following people can be an evaluator:\n(a) a registrar of a tribunal;\n(b) a deputy registrar of a tribunal;\n(c) someone else that a tribunal considers has the skills and\nqualifications to be an evaluator and appoints as an evaluator.\n","sortOrder":235},{"sectionNumber":"195","sectionType":"section","heading":"Referral by tribunal for mediation or neutral evaluation","content":"195 Referral by tribunal for mediation or neutral evaluation\n(1) A tribunal may, by order, refer any proceeding, or any part of a\nproceeding, before it for mediation or neutral evaluation, and may do\nso either with or without the consent of the parties to the proceeding.\n(2) Mediation is to be undertaken by a mediator appointed by the tribunal,\nand neutral evaluation is to be undertaken by an evaluator appointed\nby the tribunal.\nNote The Court Procedures Act 2004, pt 5A (Mediation) applies to a mediation\nin relation to an application to the ACAT.\n\n","sortOrder":236},{"sectionNumber":"196","sectionType":"section","heading":"Duty of parties to take part in neutral evaluations","content":"196 Duty of parties to take part in neutral evaluations\nIt is the duty of each party to a proceeding referred for mediation or\nneutral evaluation under section 195 to take part, genuinely and\nsincerely, in the mediation or neutral evaluation.\n","sortOrder":237},{"sectionNumber":"197","sectionType":"section","heading":"Costs of neutral evaluation","content":"197 Costs of neutral evaluation\nThe costs of a mediation or neutral evaluation are payable—\n(a) by the parties to the proceeding, in the proportions they agree\namong themselves; or\n(b) if a tribunal makes an order about the payment of the costs—by\n1 or more of the parties, in the way stated in the order.\n","sortOrder":238},{"sectionNumber":"198","sectionType":"section","heading":"Agreements and arrangements arising from mediation","content":"198 Agreements and arrangements arising from mediation\nsessions\n(1) The tribunal may make orders to give effect to an agreement or\narrangement arising out of a mediation session.\n(2) This part does not affect the enforceability of any other agreement or\narrangement that may be made, whether or not arising out of a\nmediation session, in relation to the matters that are the subject of the\nmediation session.\n","sortOrder":239},{"sectionNumber":"199","sectionType":"section","heading":"Privilege for neutral evaluations","content":"199 Privilege for neutral evaluations\n(1) The same privilege in relation to defamation that exists for a judicial\nproceeding, and a document produced in a judicial proceeding, exists\nfor—\n(a) a neutral evaluation session; or\n(b) a document or other material sent to or produced to an evaluator,\nor sent to or produced at a tribunal or the registry of a tribunal,\nfor the purpose of enabling a neutral evaluation session to be\narranged.\n\nMediation and neutral evaluation Part 15.1\n(2) However, the privilege under subsection (1) only extends to a\npublication made—\n(a) at a neutral evaluation session; or\n(b) as provided by subsection (1) (b); or\n(c) as provided in section 200.\n(3) Evidence of anything said, or of any admission made, in a neutral\nevaluation session is not admissible in a proceeding before a court,\ntribunal or other entity.\n(4) A document prepared for, in the course of, or because of, a neutral\nevaluation session, or any copy of the document, is not admissible in\nevidence in any civil proceeding before a court, tribunal or other\nentity.\n(5) Subsections (3) and (4) do not apply to any evidence or document—\n(a) for evidence—if the people in attendance at, or identified\nduring, the neutral evaluation session consent to the admission\nof the evidence; or\n(b) for a document—if the people in attendance at, or identified\nduring, the neutral evaluation session and all people identified\nin the document, consent to the admission of the document; or\n(c) in a proceeding (including a criminal proceeding) brought in\nrelation to an act or omission in relation to which a disclosure\nhas been made under section 200 (c).\nneutral evaluation session includes any steps taken in the course of\nmaking arrangements for the session or in the course of the follow-up\nof a session.\n\n","sortOrder":240},{"sectionNumber":"200","sectionType":"section","heading":"Secrecy by evaluators","content":"200 Secrecy by evaluators\nAn evaluator may disclose information obtained in relation to the\nadministration or execution of this part only in the following\ncircumstances:\n(a) with the consent of the person from whom the information was\nobtained;\n(b) for the administration or execution of this part;\n(c) if there are reasonable grounds to believe that the disclosure is\nnecessary to prevent or minimise the danger of death or injury\nto anyone or damage to any property;\n(d) if the disclosure is reasonably required for the purpose of\nreferring any party to a neutral evaluation session to any entity\nand the disclosure is made with the consent of the parties to the\nneutral evaluation session for the purpose of aiding in the\nresolution of a dispute between the parties or assisting the parties\nin any other way;\n(e) in accordance with a requirement imposed under a law of the\nTerritory or the Commonwealth (other than a requirement\nimposed by a subpoena or other compulsory process).\n","sortOrder":241},{"sectionNumber":"201","sectionType":"section","heading":"Protection from liability for evaluators","content":"201 Protection from liability for evaluators\nAn evaluator is not subject to civil liability for anything done or\nomitted to be done honestly for a neutral evaluation session under this\npart.\n\nAttachment of insurance money Part 15.3\n","sortOrder":242},{"sectionNumber":"206","sectionType":"section","heading":"Amount of liability charge on insurance money payable","content":"206 Amount of liability charge on insurance money payable\nagainst liability\n(a) a person (the insured) has entered into a contract of insurance\nby which the insured is indemnified against liability to pay\ndamages or compensation; and\n(b) an event happens that gives rise to a claim against the insured\nfor damages or compensation.\n(2) On the happening of the event, the amount of the insured’s liability\nin relation to the event becomes a charge on all insurance money that\nis or may become payable in relation to the liability.\n(3) If, when the event happens, the insured is a corporation that is being\nwound up, or if any subsequent winding-up of the insured is taken to\nhave begun on or before the happening of the event, subsection (2)\napplies despite the winding-up.\n(4) A charge under this section has priority over all other charges\naffecting the insurance money.\n(5) However, if the insurance money is subject to 2 or more charges\nunder this section—\n(a) the charges have priority between themselves in the order of the\nhappening of the events out of which the liabilities arose; and\n(b) charges that arise out of events happening on the same day rank\nequally between themselves.\n","sortOrder":243},{"sectionNumber":"207","sectionType":"section","heading":"Enforcement of charge on insurance money","content":"207 Enforcement of charge on insurance money\n(1) A charge under section 206 is enforceable by an action against the\ninsurer in the same way and in the same court as if the action were an\naction to recover damages or compensation from the insured.\n\n(2) The parties have, to the extent of the charge, the same rights and\nliabilities in relation to the action, and the judgment given in the\naction, as if the action were against the insured.\n(3) The court has the same powers in relation to the action, and the\njudgment given in the action, as if the action were against the insured.\n(4) Unless section 206 (3) applies, the action cannot be begun without the\nleave of the court.\n(5) Leave must not be given if the court is satisfied that—\n(a) the insurer is entitled under the terms of the contract of insurance\nto disclaim liability; and\n(b) any proceeding, including any arbitration proceeding, necessary\nto establish that entitlement have been taken.\n(6) The action can be brought although judgment has already been\nrecovered against the insured for damages or compensation in relation\nto the same matter.\n","sortOrder":244},{"sectionNumber":"208","sectionType":"section","heading":"Protection of insurer for pt 15.3 charge","content":"208 Protection of insurer for pt 15.3 charge\n(1) Despite anything in this part, a payment made by an insurer under the\ncontract of insurance without actual notice of the existence of a\ncharge under this part is, to the extent of that payment, a valid\ndischarge to the insurer.\n(2) An insurer is not liable under this part for any greater amount than is\nfixed by the contract of insurance between the insurer and the insured.\n","sortOrder":245},{"sectionNumber":"209","sectionType":"section","heading":"Certain other provisions not affected by pt 15.3","content":"209 Certain other provisions not affected by pt 15.3\nThis part does not affect the operation of the Workers Compensation\nAct 1951 or the Motor Accident Injuries Act 2019.\n\nAbolition of certain common law actions, rules and remedies Part 15.4\n","sortOrder":246},{"sectionNumber":"Part 15","sectionType":"part","heading":"4 Abolition of certain common law","content":"Part 15.4 Abolition of certain common law\nactions, rules and remedies\n","sortOrder":247},{"sectionNumber":"210","sectionType":"section","heading":"Abolition of seduction, enticement and harbouring","content":"210 Abolition of seduction, enticement and harbouring\nThe following actions at common law are abolished:\n(a) seduction;\n(b) enticement;\n(c) harbouring.\n","sortOrder":248},{"sectionNumber":"211","sectionType":"section","heading":"Abolition of rule about unity of spouses","content":"211 Abolition of rule about unity of spouses\nThe rights of action that a person has in tort against someone are not\naffected by the fact that they are or were married to each other.\n","sortOrder":249},{"sectionNumber":"212","sectionType":"section","heading":"Abolition of action of cattle-trespass","content":"212 Abolition of action of cattle-trespass\n(1) The common law action of cattle-trespass is abolished.\n(2) This section does not affect—\n(a) the common law action for trespass committed by a person by\nmeans of cattle; or\n(b) the law relating to liability of an occupier of land for damages\nfor tort for the death of, or injury to, cattle trespassing on the\nland.\n","sortOrder":250},{"sectionNumber":"213","sectionType":"section","heading":"Abolition of distress damage feasant","content":"213 Abolition of distress damage feasant\nThe common law remedy of distress of an animal damage feasant is\nabolished.\n\nPart 15.4 Abolition of certain common law actions, rules and remedies\n","sortOrder":251},{"sectionNumber":"214","sectionType":"section","heading":"Abolition of rules relating exclusively to liability for","content":"214 Abolition of rules relating exclusively to liability for\ndamage by animals\nThe common law rule known as the rule in Searle v Wallbank and all\nother common law rules relating exclusively to liability for damages\nfor tort for damage caused by an animal (including any rule relating\nto the nature or propensity of an animal, or a class of animals, or\nknowledge of that nature or propensity) are abolished.\n","sortOrder":252},{"sectionNumber":"215","sectionType":"section","heading":"Partial abolition of rule in Rylands v Fletcher","content":"215 Partial abolition of rule in Rylands v Fletcher\nThe common law rule known as the rule in Rylands v Fletcher is\nabolished to the extent to which the rule applies in relation to damage\ncaused by the escape of animals.\n","sortOrder":253},{"sectionNumber":"216","sectionType":"section","heading":"Abolition of rule of common employment","content":"216 Abolition of rule of common employment\nAn employer is liable in damages for the death of, or injury or damage\nto, an employee caused by the wrongful act or omission of another\nemployee in the same way and in the same cases as if the employees\nhad not been engaged in common employment.\n","sortOrder":254},{"sectionNumber":"217","sectionType":"section","heading":"Abolition of husband’s liability for wife’s torts and","content":"217 Abolition of husband’s liability for wife’s torts and\npremarital obligations\nA husband is not, only because of being the husband, liable—\n(a) in relation to a tort committed by his wife, whether before or\nafter the marriage, or in relation to a contract entered into, or a\ndebt or obligation incurred, by his wife before the marriage; or\n(b) to be sued, or made a party to a legal proceeding brought, in\nrelation to the tort, contract, debt or obligation.\n","sortOrder":255},{"sectionNumber":"218","sectionType":"section","heading":"Abolition of action for loss of consortium","content":"218 Abolition of action for loss of consortium\nIf a wife has been injured because of the negligence of a person other\nthan her husband, the person is not liable to the husband for any\nresulting impairment or loss of consortium.\n\nAbolition of certain common law actions, rules and remedies Part 15.4\n","sortOrder":256},{"sectionNumber":"219","sectionType":"section","heading":"Abolition of rule in Cavalier v Pope","content":"219 Abolition of rule in Cavalier v Pope\nA lessor of premises is not exempt from owing a duty of care to\npeople on the premises only because the lessor is not the occupier of\nthe premises.\n","sortOrder":257},{"sectionNumber":"220","sectionType":"section","heading":"Partial abolition of Mocambique rule","content":"220 Partial abolition of Mocambique rule\n(1) The jurisdiction of a court in any proceeding is not excluded or\nlimited only because the proceeding relates to land or other\nimmovable property outside the ACT.\n(2) Subsection (1) does not authorise a court to adjudicate on title to, or\nthe right to the possession of, land or other immovable property\noutside the ACT.\n(3) A court is not required to exercise jurisdiction in a proceeding relating\nto land or other immovable property outside the ACT if the court\nconsiders that it is an inappropriate forum in relation to the\nproceeding.\nNote The Law Reform (Abolitions and Repeals) Act 1996 abolished the\nfollowing:\n• the estate pur autre vie\n• the common law misdemeanours of criminal libel, blasphemous libel,\nseditious libel and obscene libel\n• the right to levy or make distress for rent.\n","sortOrder":258},{"sectionNumber":"221","sectionType":"section","heading":"Abolition of torts of maintenance and champerty","content":"221 Abolition of torts of maintenance and champerty\n(1) The torts of maintenance and champerty are abolished.\nNote For the abolition of the common law offences of maintenance, champerty\nand being a common barrator, see the Law Reform (Miscellaneous\nProvisions) Act 1955 (rep), s 68 and the Civil Law (Property) Act 2006,\ns 507 (2) (rep, LA s 89 (3)).\n\nPart 15.4 Abolition of certain common law actions, rules and remedies\n(2) Subsection (1) does not affect any rule of law about—\n(a) the illegality or avoidance of contracts that are tainted with\nmaintenance or are champertous; or\n(b) the misconduct of a lawyer who—\n(i) engages in conduct that would have been maintenance at\ncommon law; or\n(ii) is a party to a champertous agreement.\n\nOther provisions Part 15.5\nPart 15.5 Other provisions\n","sortOrder":259},{"sectionNumber":"222","sectionType":"section","heading":"Approved forms","content":"222 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":260},{"sectionNumber":"222A","sectionType":"section","heading":"Determination of fees","content":"222A Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":261},{"sectionNumber":"223","sectionType":"section","heading":"Regulation-making power","content":"223 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n20 penalty units for offences against a regulation.\n\n","sortOrder":262},{"sectionNumber":"Part 19","sectionType":"part","heading":"Transitional—Civil Law (Wrongs) Amendment Act 2024—absolute","content":"Chapter 19 Transitional—Civil Law (Wrongs) Amendment Act 2024—absolute\nprivilege\nChapter 19 Transitional—Civil Law\n(Wrongs) Amendment\nAct 2024—absolute privilege\n","sortOrder":263},{"sectionNumber":"254","sectionType":"section","heading":"Absolute privilege amendments","content":"254 Absolute privilege amendments\nLaw (Wrongs) Amendment Act 2024 about the defence of absolute\nprivilege (the absolute privilege amendments) in its application to—\n(a) publications to officials of police forces or services of Australian\njurisdictions; or\n(b) publications in circumstances specified in schedule 1A.\n(2) The absolute privilege amendments apply to a post-commencement\naction.\n(3) The existing law continues to apply despite the absolute privilege\namendments to a pre-commencement action.\ncommencement day means the day the Civil Law (Wrongs)\nAmendment Act 2024, section 15 commences.\nexisting law, in relation to the absolute privilege amendments, means\nthe law that would have applied if the amendments had not been\nenacted.\npost-commencement action, in relation to the absolute privilege\namendments, means a cause of action for the publication of\ndefamatory matter accruing on or after the commencement day.\npre-commencement action, in relation to the absolute privilege\namendments, means a cause of action for the publication of\ndefamatory matter accruing before the commencement day.\n\nTransitional—Civil Law (Wrongs) Amendment Act 2024—absolute\nprivilege\nChapter 19\n255 Expiry—ch 19\n\nChapter 20 Transitional—Civil Law (Wrongs) Amendment Act 2024\nChapter 20 Transitional—Civil Law\n(Wrongs) Amendment Act 2024\n256 Definitions—ch 20\ncommencement day means the day the Civil Law (Wrongs)\nAmendment Act 2024, section 16 commences.\nexisting law, in relation to amendments made to this Act by the Civil\nLaw (Wrongs) Amendment Act 2024 about a subject, means the law\nthat would have applied if the amendments had not been enacted.\npost-commencement action, in relation to amendments made to this\nAct by the Civil Law (Wrongs) Amendment Act 2024 about a subject,\nmeans a cause of action for the publication of defamatory matter\naccruing on or after the commencement day.\npre-commencement action, in relation to amendments made to this\nAct by the Civil Law (Wrongs) Amendment Act 2024 about a subject,\nmeans a cause of action for the publication of defamatory matter\naccruing before the commencement day.\n","sortOrder":264},{"sectionNumber":"257","sectionType":"section","heading":"Digital intermediary amendments","content":"257 Digital intermediary amendments\nLaw (Wrongs) Amendment Act 2024 about (the digital intermediary\namendments)—\n(a) exempting digital intermediaries from liability for defamation;\nor\n(b) providing a defence for publications of defamatory digital\nmatter involving digital intermediaries.\n(2) Except as provided by subsection (3) (b), the digital intermediary\namendments apply to a post-commencement action.\n\nTransitional—Civil Law (Wrongs) Amendment Act 2024 Chapter 20\n(3) The existing law continues to apply, despite the digital intermediary\namendments—\n(a) to a pre-commencement action; and\n(b) to a post-commencement action, but only if—\n(i) the post-commencement action is 1 of 2 or more causes of\naction in proceedings commenced by a plaintiff; and\n(ii) each cause of action in the proceedings accrues because of\nthe publication of the same, or substantially the same,\nmatter on separate occasions, whether by the same\ndefendant or another defendant; and\n(iii) 1 or more of the other causes of action in the proceedings\nare pre-commencement actions; and\n(iv) the post-commencement action accrued no later than\n12 months after the date on which the earliest\npre-commencement action in the proceedings accrued.\n","sortOrder":265},{"sectionNumber":"258","sectionType":"section","heading":"Offer amendments","content":"258 Offer amendments\nLaw (Wrongs) Amendment Act 2024 about offers to make amends\n(the offer amendments).\n(2) The offer amendments apply to offers to make amends made on or\nafter the commencement day, regardless of whether the offers relate\nto publications occurring before, on or after that day.\n(3) The existing law continues to apply, despite the offer amendments, to\noffers to make amends made before the commencement day.\n\n","sortOrder":266},{"sectionNumber":"Part 20","sectionType":"part","heading":"Transitional—Civil Law (Wrongs) Amendment Act 2024","content":"Chapter 20 Transitional—Civil Law (Wrongs) Amendment Act 2024\n","sortOrder":267},{"sectionNumber":"259","sectionType":"section","heading":"Preliminary discovery or non-party digital intermediary","content":"259 Preliminary discovery or non-party digital intermediary\norder amendments\nLaw (Wrongs) Amendment Act 2024 about courts making orders (the\npreliminary discovery or non-party digital intermediary order\namendments)—\n(a) for, or in the nature of, preliminary discovery; or\n(b) to take steps—\n(i) to prevent or limit the continued publication or\nrepublication of defamatory matter; or\n(ii) to comply with, or otherwise give effect to, judgments,\ninjunctions or other court orders.\n(2) Except as provided by subsection (3) (b), the preliminary discovery\nor non-party digital intermediary order amendments apply to the\nmaking of an order on or after the commencement day, regardless of\nwhether the proceedings in which they are made—\n(a) involve a pre-commencement action or post-commencement\naction; or\n(b) were commenced before, on or after the commencement day.\n(3) The existing law continues to apply, despite the preliminary\ndiscovery or non-party digital intermediary order amendments—\n(a) to an order made before the commencement day; or\n(b) to the variation or revocation of an order made before the\ncommencement day.\n\nTransitional—Civil Law (Wrongs) Amendment Act 2024 Chapter 20\n","sortOrder":268},{"sectionNumber":"260","sectionType":"section","heading":"Document giving or service amendments","content":"260 Document giving or service amendments\nLaw (Wrongs) Amendment Act 2024 about the ways in which notices\nor other documents for the purposes of chapter 9 must or may be\ngiven to, or served on, people (the document giving or service\namendments).\n(2) The document giving or service amendments apply to the giving or\nservice of notices or other documents on or after the commencement\nday, regardless of whether the notices or other documents relate—\n(a) to pre-commencement actions or post-commencement actions;\nor\n(b) to proceedings commenced before, on or after the\ncommencement day.\n(3) The existing law continues to apply, despite the document giving or\nservice amendments, to the giving or service of notices or other\ndocuments before the commencement day.\n261 Expiry—ch 20\n\nChapter 21 Transitional—Civil Law (Wrongs) (Organisational Child Abuse Liability)\nChapter 21 Transitional—Civil Law\n(Wrongs) (Organisational Child\nAbuse Liability) Amendment\nAct 2025\n","sortOrder":269},{"sectionNumber":"262","sectionType":"section","heading":"Application of pt 8A.1A","content":"262 Application of pt 8A.1A\nPart 8A.1A applies to proceedings commenced but not finally\ndecided before the day the Civil Law (Wrongs) (Organisational Child\nAbuse Liability) Amendment Act 2025, section 4, commences.\n","sortOrder":270},{"sectionNumber":"263","sectionType":"section","heading":"Expiry—ch 21","content":"263 Expiry—ch 21\n\n","sortOrder":271},{"sectionNumber":"Sch 1A","sectionType":"schedule","heading":"Additional publications to","content":"Schedule 1A Additional publications to\nwhich absolute privilege\napplies\n(see s 137 (2) (d))\n1A.1 Definitions—sch 1A\nmatter—see section 116.\nofficial, of an entity mentioned in this schedule, means—\n(a) an officer, employee or member of staff of the entity; or\n(b) a person who is authorised to exercise a function of the entity\nunder a territory law; or\n(c) another person engaged to act for or on behalf of the entity.\n1A.2 Matter published to bar association etc\n(1) Without limiting section 137 (2) (a) to (c), matter that is published—\n(a) to any of the following:\n(i) the bar association;\n(ii) the bar council;\n(iii) a person in their capacity as—\n(A) a member of the bar council; or\n(B) a member of staff of the bar association; or\n(C) any other official of the bar association; and\n\n(b) for any of the following purposes:\n(i) making a complaint under the Legal Profession Act 2006\n(whether or not the complaint may be dealt with under that\nAct);\n(ii) an investigation of the complaint under that Act;\n(iii) anything else that may be done under that Act in relation\nto the complaint.\nbar association—see the Legal Profession Act 2006, dictionary.\nbar council—see the Legal Profession Act 2006, dictionary.\n1A.3 Matter published to human rights commission etc\nWithout limiting section 137 (2) (a) to (c), matter that is published\nto—\n(a) the human rights commission; or\n(i) a member of the human rights commission; or\n(ii) a member of staff of the human rights commission; or\n(iii) any other official of the human rights commission.\n1A.4 Matter published to integrity commission etc\nto—\n(a) the integrity commission; or\n(i) the integrity commissioner; or\n(ii) a member of staff of the integrity commission; or\n\n(iii) any other official of the integrity commission; or\n(iv) the inspector of the integrity commission; or\n(v) a member of staff of the inspector of the integrity\ncommission; or\n(vi) any other official of the inspector of the integrity\ncommission.\ninspector of the integrity commission means the inspector of the\nintegrity commission under the Integrity Commission Act 2018.\nstaff, of the inspector of the integrity commission—see the Integrity\nCommission Act 2018, section 248, definition of staff of the\ninspector.\nstaff, of the integrity commission—see the Integrity Commission\nAct 2018, section 47, definition of staff of the commission.\n1A.5 Matter published to inspector of correctional services\n(1) Without limiting section 137 (2) (a) to (c), matter that is published to\na person in their capacity as—\n(a) the inspector of correctional services; or\n(b) a member of staff of the inspector of correctional services; or\n(c) any other official of the inspector of correctional services.\ninspector of correctional services means the inspector of correctional\nservices under the Inspector of Correctional Services Act 2017.\nstaff, of the inspector of correctional services, means the staff\nemployed by the inspector under the Inspector of Correctional\nServices Act 2017, section 13.\n\n1A.6 Matter published to law society etc\n(1) Without limiting section 137 (2) (a) to (c), matter that is published—\n(a) to any of the following:\n(i) the law society;\n(ii) the law society council;\n(iii) a person in their capacity as—\n(A) a member of the law society council; or\n(B) a member of staff of the law society; or\n(C) any other official of the law society; and\n(b) for any of the following purposes:\n(i) making a complaint under the Legal Profession Act 2006\n(whether or not the complaint may be dealt with under that\nAct);\n(ii) an investigation of the complaint under that Act;\n(iii) anything else that may be done under that Act in relation\nto the complaint.\nlaw society—see the Legal Profession Act 2006, dictionary.\nlaw society council—see the Legal Profession Act 2006, dictionary.\n\n1A.7 Matter published to office of the work health and safety\ncommissioner etc\nto—\n(a) the Office of the Work Health and Safety Commissioner; or\n(i) the work health and safety commissioner; or\n(ii) a member of staff of the Office of the Work Health and\nSafety Commissioner; or\n(iii) any other official of the Office of the Work Health and\nSafety Commissioner.\nstaff, of the Office of the Work Health and Safety Commissioner—\nsee the Work Health and Safety Act 2011, schedule 2, section 2.30,\ndefinition of staff of the office.\nOffice of the Work Health and Safety Commissioner means the\nOffice of the Work Health and Safety Commissioner established\nunder the Work Health and Safety Act 2011, schedule 2, section 2.18.\n1A.8 Matter published to official visitor etc\nto—\n(a) the official visitors board; or\n(i) an official visitor; or\n(ii) a member of the official visitors board; or\n\n(iii) the official visitors executive officer; or\n(iv) any other official of the official visitors board.\nofficial visitors board means the official visitors board established\nunder the Official Visitor Act 2012, section 23A.\nofficial visitors executive officer—see the Official Visitor Act 2012,\nsection 23C (2).\n1A.9 Matter published to public trustee and guardian etc\n(1) Without limiting section 137 (2) (a) to (c), matter that is published to\na person in their capacity as—\n(a) the public trustee and guardian; or\n(b) a deputy public trustee and guardian; or\n(c) a member of staff of the public trustee and guardian; or\n(d) any other official of the public trustee and guardian.\ndeputy public trustee and guardian means a deputy public trustee\nand guardian under the Public Trustee and Guardian Act 1985,\nsection 6.\n1A.10 Matter published to sentence administration board etc\nto—\n(a) the sentence administration board; or\n(i) a member of the sentence administration board; or\n(ii) the secretary of the sentence administration board; or\n\n(iii) any other official of the sentence administration board.\nsecretary, of the sentence administration board, means the secretary\nof the board under the Crimes (Sentence Administration) Act 2005,\nsection 191.\n\nSchedule 1 Traveller accommodation providers notice\nSchedule 1 Traveller accommodation\nproviders notice\n(see s 154)\nNotice about loss of guest’s property\nThe Civil Law (Wrongs) Act 2002, part 11.1 changes the common law\nabout innkeeper’s liability.\nUnder the Act, an accommodation provider may be liable to make\ngood any loss of a guest’s property in certain circumstances even\nthough the loss is not caused by the fault of the accommodation\nprovider, or the provider’s agent.\nThe strict liability of the accommodation provider under the Act—\n• applies only to a guest of the accommodation provider on a day\nwhen an accommodation unit is provided for the use of the guest\n• is limited to the limitation amount for each accommodation unit\nprovided for the use of the guest on the day, unless the guest’s\nproperty was placed in safe custody facilities\n• does not cover motor vehicles and things owned by the guest left\nin or on motor vehicles.\nNote Words appearing in bold italics have a special meaning under the Civil\nLaw (Wrongs) Act 2002.\n\nCommon carriers—goods subject to special limited liability Schedule 2\nSchedule 2 Common carriers—goods\nsubject to special limited\nliability\n(see s 159 (1))\ncolumn 1\nitem\ncolumn 2\ngoods\n1 gold or silver coin of Australia or a foreign country\n2 gold or silver in a manufactured or unmanufactured state\n3 precious stones, jewellery, watches, clocks or time-pieces of any description\n4 trinkets, gold or silver ores, bills, notes of any bank, orders, notes or securities\nfor the payment of money\n5 Australian stamps or a foreign country’s stamps\n6 maps, writings or title-deeds\n7 paintings, engravings or pictures\n8 gold or silver plate or plated articles, glass or china\n9 silk in a manufactured or unmanufactured state (including silk ornamented with\nother materials), furs or lace\n\nSection 3.1\n3.1 Definitions—sch 3\nequine means a horse, donkey, mule or hinny.\nequine activity means any of the following:\n(a) an equine show, fair, competition, performance or parade that\ninvolves 1 or more equines and 1 or more equine disciplines;\n(b) equine teaching or training activities;\n(c) agisting or boarding equines;\n(d) riding, inspecting or evaluating an equine belonging to someone\nelse, whether or not the owner—\n(i) receives any reward for use of the equine; or\n(ii) is permitting a prospective buyer to ride, inspect or\nevaluate the equine;\n(e) a ride, trip, hunt or other activity (however informal or\nimpromptu) that is sponsored by an equine activity sponsor;\n(f) placing or replacing horseshoes on an equine.\nExamples for par (a)\n1 dressage\n2 3-day events\n3 performance riding\n4 polo\n5 showjumping\n6 steeplechasing\nequine activity sponsor means—\n(a) an entity that (whether or not it operates for profit) sponsors,\norganises or provides a facility for an equine activity; or\n\nEquine activities Schedule 3\nSection 3.1\n(b) an operator, instructor or promoter of an equine facility.\nExamples for par (a)\n1 pony clubs\n2 riding clubs or schools\n3 equestrian centres\n4 school-sponsored classes\nequine facility includes an equestrian centre, riding school, stable,\nclubhouse, fair or arena where an equine activity is held.\nequine professional means a person engaged for reward in—\n(a) instructing a participant or renting an equine to a participant to—\n(i) ride or be a passenger on the equine; or\n(ii) drive the equine; or\n(b) renting equipment or tack to a participant.\ninherent risks of equine activities means the dangers or conditions\nthat are an integral part of equine activities, including, for example—\n(a) the propensity of an equine to behave in ways that may result in\ninjury, harm or death to people on or around them; and\n(b) the unpredictability of an equine’s reactions including to sounds,\nsudden movement and unfamiliar objects, people or animals;\nand\n(c) hazards such as surface and subsurface conditions; and\n(d) collisions with other equines or objects; and\n(e) the potential of a participant to act negligently that may\ncontribute to injury to the participant or others.\nExamples for par (e)\n1 failing to maintain control over an equine\n2 not acting within the participant’s ability\n\nSection 3.2\nparticipant means a person who participates in an equine activity\n(whether or not a fee is paid for the participation).\nparticipate in an equine activity—\n(a) means—\n(i) ride or be a passenger on an equine; or\n(ii) drive or train an equine, whether mounted or unmounted;\nor\n(iii) assist in medical treatment of an equine, whether mounted\nor unmounted; or\n(iv) assist a participant or show management; but\n(b) does not include be a spectator at an equine activity (unless the\nspectator is in an unauthorised area and in immediate proximity\nto the equine activity).\n3.2 Application—sch 3\nThis schedule does not prevent or limit the liability of an equine\nactivity sponsor, an equine professional or anyone else in relation\nto—\n(a) activities engaged in as part of the horseracing industry; or\n(b) an action for breach of the Competition and Consumer Act 2010\n(Cwlth) or the Australian Consumer Law (ACT); or\n(c) a claim under the Workers Compensation Act 1951.\n3.3 Limitation on liability for injury or death of participant\n(1) An equine activity sponsor, an equine professional or anyone else is\nnot liable for personal injury to a participant resulting from the\ninherent risks of equine activities.\n\nEquine activities Schedule 3\nSection 3.3\n(2) However, this section does not prevent or limit the liability of a\nperson (the defendant) if—\n(a) the injury was caused by faulty equipment or tack and the\ndefendant—\n(i) provided the equipment or tack; and\n(ii) knew or ought reasonably to have known that the\nequipment or tack was faulty; or\n(b) the defendant provided the equine and failed to make reasonable\nand prudent efforts to assess, based on the participant’s\nrepresentations, the participant’s ability to—\n(i) engage safely in the equine activity; and\n(ii) safely manage the particular equine; or\n(c) the injury was caused by a dangerous latent condition of the land\nor facility used for the equine activity and—\n(i) the defendant owned, leased or was otherwise in lawful\npossession of the land or facility; and\n(ii) the defendant knew, or ought reasonably to have known, of\nthe dangerous latent condition; and\n(iii) a sign warning about the dangerous latent condition had not\nbeen conspicuously displayed on the land or at the facility;\nor\n(d) the defendant acted, or omitted to act, in a way that showed\nintentional or reckless disregard for the safety of the participant\nand the act or omission caused the injury; or\n(e) the defendant intentionally injured the participant.\n(3) Also, this section does not prevent or limit an equine professional’s\nliability to a participant in relation to an equine facility if, before the\ninjury happened, the equine professional had not complied with\nclause 4 in relation to the facility.\n\nSection 3.4\n3.4 Warning notice\n(1) An equine professional must ensure that a warning notice is\ndisplayed—\n(a) on or near an equine facility that is owned, managed or\ncontrolled by the equine professional; and\n(b) so that it can be clearly seen by participants before participating\nin equine activities at the facility.\n(2) The warning notice must be to the following effect:\nWARNING\nUnder the Civil Law (Wrongs) Act 2002, an equine professional is not\nliable for injury to, or the death of, a participant in an equine activity\nthat results from an inherent risk of the activity. This is subject to\nlimitations set out in the Act.\n(3) The warning notice must be in black letters with each letter at least\n2cm high.\n(4) The warning notice must also be included in clearly visible print in\neach written contract the equine professional enters into for the\nprovision of professional services, instruction or rental of equipment\nor tack to a participant.\n\nPreliminary—professional standards Part 4.1\nSection 4.1\nPart 4.1 Preliminary—professional\nstandards\n4.1 Objects—sch 4\nThe objects of this schedule are—\n(a) to enable the creation of schemes to limit the civil liability of\nprofessionals and others; and\n(b) to facilitate the improvement of occupational standards of\nprofessionals and others; and\n(c) to protect consumers of the services provided by professionals\nand others; and\n(d) to establish a council to supervise the preparation and\napplication of schemes and to assist in the improvement of\noccupational standards and protection of consumers.\n4.2 Definitions—sch 4\noccupational liability—see section 4.2A.\nanother jurisdiction means a State or Territory other than this\njurisdiction.\nappropriate council, in relation to another jurisdiction, means the\nauthority that, under the corresponding law of the jurisdiction, has\nfunctions that are substantially the same as the council’s functions\nunder this schedule.\n\nPart 4.1 Preliminary—professional standards\nSection 4.2\nbusiness assets, of a person, means the property of the person that is\nused to perform the person’s occupation and that can be taken in\nproceedings to enforce a judgment of a court.\ncorresponding law means a law of another jurisdiction that\ncorresponds to this schedule, and includes a law of another\njurisdiction that is declared by regulation to be a corresponding law\nof the jurisdiction for this Act.\ncosts includes fees, charges, disbursements and expenses.\ncouncil—see section 4.36.\ncourt includes a tribunal and an arbitrator.\ndamages means—\n(a) damages awarded in relation to a claim or counter-claim or\nclaim by way of set-off; or\n(b) costs in relation to the proceedings ordered to be paid in relation\nto such an award (other than costs incurred in enforcing a\njudgment or incurred on an appeal made by a defendant); or\n(c) any interest payable on the amount of the damages or costs.\ninterstate scheme means a scheme that—\n(a) has been prepared under a corresponding law; and\n(b) operates, or indicates an intention to operate, as a scheme of this\njurisdiction.\njudgment includes—\n(a) a judgment given by consent; and\n(b) a decision of a tribunal; and\n(c) an award of an arbitrator.\n\nPreliminary—professional standards Part 4.1\nSection 4.2A\noccupational association means a corporation—\n(a) that represents the interests of people who are members of the\nsame occupational group; and\n(b) the membership of which is limited mainly to members of the\noccupational group.\noccupational group includes a professional group and a trade group.\noccupational liability means civil liability arising (in tort, contract or\notherwise) directly or vicariously from anything done or omitted to\nbe done by a member of an occupational association acting in the\nperformance of the member’s occupation.\nscheme means a scheme for limiting the occupational liability of\nmembers of an occupational association, and includes an interstate\nthis jurisdiction means the ACT.\n4.2A Amount payable under an insurance policy—sch 4\noccupational liability, includes—\n(a) defence costs payable in relation to a claim, or notification that\nmay lead to a claim (other than reimbursement of the defendant\nfor time spent in relation to the claim), but only if the costs are\npayable out of the one sum insured under the policy in relation\nto the occupational liability; and\n(b) the amount payable under or in relation to the policy by way of\nexcess.\n\nPart 4.1 Preliminary—professional standards\nSection 4.3\n4.3 Application—sch 4\n(1) This schedule does not apply to liability for damages arising from any\nof the following:\n(a) personal injury to a person;\n(b) anything done or omitted to be done by a lawyer in acting for a\nclient in a personal injury claim;\n(c) a breach of trust;\n(d) fraud or dishonesty.\n(2) This schedule does not apply to liability that may be the subject of a\nproceeding under the Land Titles Act 1925, part 16 (Civil rights and\nremedies).\n\nSection 4.4\n","sortOrder":272},{"sectionNumber":"Div 4","sectionType":"division","heading":"2.1 Making, amendment and revocation of","content":"Division 4.2.1 Making, amendment and revocation of\nschemes\n4.4 Preparation and approval of schemes\n(1) An occupational association may prepare a scheme.\n(2) The council may, on the application of an occupational association,\nprepare a scheme.\n(3) The council may, on the application of an occupational association,\napprove a scheme prepared under this section.\n(4) A scheme prepared under this section may indicate an intention to\noperate as a scheme of this jurisdiction only, or of both this\njurisdiction and another jurisdiction.\n4.5 Public notification of schemes\n(1) Before approving a scheme, the council must give public notice—\n(a) explaining the nature and significance of the scheme; and\n(b) stating where a copy of the scheme can be obtained or inspected;\nand\n(c) inviting comments and submissions within a stated time at least\n21 days after the day the notice is published.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(2) If the scheme indicates an intention to operate as a scheme of both\nthis jurisdiction and another jurisdiction, the council must also\npublish a similar notice in the other jurisdiction in accordance with\nthe requirements of the corresponding law of that jurisdiction that\nrelates to the approval of a scheme prepared in that jurisdiction.\n\nSection 4.6\n4.6 Making of comments and submissions about schemes\n(1) Anyone may make a comment or submission to the council about a\nscheme for which notice has been published under section 4.5.\n(2) A comment or submission must be made within the period stated in\nthe notice or within any longer time the council allows.\n4.7 Consideration of comments, submissions etc\n(1) Before approving a scheme, the council must consider the following:\n(a) all comments and submissions made to it in accordance with\nsection 4.6;\n(b) the position of people who may be affected by limiting the\noccupational liability of members of the occupational\nassociation;\n(c) the nature and level of claims relating to occupational liability\nmade against members of the occupational association;\n(d) the risk management strategies of the occupational association;\n(e) how those strategies are intended to be implemented;\n(f) the cost and availability of insurance against occupational\nliability for members of the occupational association;\n(g) the standards (mentioned in section 4.23) decided by the\noccupational association in relation to insurance policies.\n(h) the provisions in the proposed scheme for making and deciding\ncomplaints, and imposing and enforcing disciplinary measures\nagainst members of the occupational association.\n(2) Subsection (1) does not limit the matters the council may consider.\n\nSection 4.8\n(3) If the scheme indicates an intention to operate as a scheme of both\nthis jurisdiction and another jurisdiction—\n(a) the council must also consider any matter that the appropriate\ncouncil for the other jurisdiction would have to consider under\nthe corresponding law of that jurisdiction that relates to the\napproval of a scheme prepared in that jurisdiction; and\n(b) the matters to be considered by the council, whether under\nsubsection (1) or paragraph (a), are to be considered in the\ncontext of each of the jurisdictions concerned.\n4.8 Public hearings\n(1) The council may conduct a public hearing about a scheme if the\ncouncil considers it appropriate.\n(2) A public hearing may be conducted in the way the council decides.\n4.9 Submission of schemes to Minister\n(1) The council must submit a scheme approved by it to the Minister.\n(2) If the scheme indicates an intention to operate as a scheme of both\nthis jurisdiction and another jurisdiction, the council must also submit\nthe scheme to the Minister administering the corresponding law of the\nother jurisdiction.\n4.10 Schemes are subject to disallowance\n(1) The Minister must—\n(a) give notice of—\n(i) the council’s approval of the scheme; or\n(ii) for an interstate scheme—the approval of the scheme by\nthe appropriate council for the jurisdiction in which the\nscheme was prepared; and\n(b) include the approved scheme in the notice.\n\nSection 4.11\n(2) A notice is a disallowable instrument.\n(3) In this section, a reference to an interstate scheme includes a reference\nto an instrument amending an interstate scheme.\nNote Subsection (3) applies s (1) and s (2) to instruments that amend an\ninterstate scheme. Those subsections already apply, by virtue of\ns 4.14 (5), to instruments that amend a scheme that is not an interstate\n4.11 Commencement of schemes\n(1) If the Minister gives notice under section 4.10 of the approval of a\nscheme, the scheme commences—\n(a) on the date or time (after the notice’s notification day) provided\nfor in the notice; or\n(b) if a date or time is not provided for in the notice—2 months after\nthe notice’s notification day.\n(2) This section is subject to any order of—\n(a) the Supreme Court under section 4.12; and\n(b) the Supreme Court of another jurisdiction under the\ncorresponding law of that jurisdiction.\n(3) In this section, a reference to a scheme includes, for an interstate\nscheme, a reference to an instrument amending that scheme.\n4.12 Challenges to schemes\n(1) This section applies to a person who is, or is reasonably likely to be,\naffected by a scheme included in a notice under section 4.10\n(including a person who is, or is reasonably likely to be, affected by\na scheme that operates as a scheme of another jurisdiction).\n(2) For subsection (1), a person may, at any time before the scheme\ncommences, apply to the Supreme Court for an order that the scheme\nis void for noncompliance with this schedule.\n\nSection 4.13\n(3) The Supreme Court may, on the making of the application or at any\ntime before the scheme commences, order that the commencement of\nthe scheme is stayed until further order of the court.\n(4) The Supreme Court may, in relation to the application—\n(a) make or decline to make an order that the scheme is void for\nnoncompliance with this schedule; or\n(b) if the court has stayed the commencement of the scheme— give\ndirections about the things that must be done so that the scheme\nmay commence; or\n(c) make any other order it considers appropriate.\n(5) The Supreme Court may make an order that an interstate scheme is\nvoid for failure to comply with this schedule because the scheme fails\nto comply with the provisions of the corresponding law of the\njurisdiction in which it was prepared that relate to the contents of\nschemes prepared in that jurisdiction.\n(6) The Supreme Court may not make an order that an interstate scheme\nis void for failure to comply with this schedule because the scheme\nfails to comply with division 4.2.2 (Content of schemes).\n(7) This section does not prevent a scheme from being challenged other\nthan under this section.\n(8) In this section, a reference to a scheme includes, for an interstate\nscheme, a reference to an instrument amending that scheme.\n4.13 Review of schemes\n(1) The Minister may direct the council to review the operation of a\n(2) The council must comply with a direction under subsection (1), but\nmay on its own initiative review the operation of a scheme at any time\n(whether before or after the scheme ceases to have effect).\n\nSection 4.14\n(3) A review may, but need not, be conducted to decide—\n(a) for a scheme prepared under this schedule—whether the scheme\nshould be amended or revoked or whether a new scheme should\nbe made; or\n(b) for an interstate scheme—whether the operation of the scheme\nshould be ended in relation to this jurisdiction.\n4.14 Amendment and revocation of schemes\n(1) An occupational association may prepare an instrument amending or\nrevoking a scheme that relates to its members.\n(2) The council may, on the application of an occupational association,\nprepare an instrument amending or revoking a scheme that relates to\nthe members of the association.\n(3) The Minister may direct the council to prepare an instrument\namending or revoking a scheme.\n(4) The council must comply with a direction but may on its own\ninitiative prepare an instrument amending or revoking a scheme at\nany time while the scheme remains in force.\n(5) Sections 4.4 to 4.12 apply, with any necessary changes, to the\namendment of a scheme by an instrument under this section.\n(6) Sections 4.4 to 4.11 (other than section 4.9 (2)) apply, with any\nnecessary changes, to the revocation of a scheme by an instrument\nunder this section.\n(7) This section does not apply to an interstate scheme.\n\nSection 4.14A\n4.14A Notification of revocation of schemes\n(1) If the Minister gives notice under section 4.10 in relation to an\ninstrument revoking a scheme (other than an interstate scheme) that\noperates as a scheme of another jurisdiction, the Minister must notify\nthe Minister administering the corresponding law of that jurisdiction\nof the revocation.\n(2) A notice that an interstate scheme has been revoked under the\ncorresponding law of the jurisdiction in which it was prepared is a\nnotifiable instrument.\nNote Under s 4.28 (1B) (c), an interstate scheme will cease to have effect in\nthis jurisdiction when it ceases to have effect in the other jurisdiction.\n4.14B Ending of operation of interstate schemes\n(1) On application by an occupational association, the council may\nprepare an instrument ending, in relation to this jurisdiction, the\noperation of an interstate scheme that relates to members of the\n(2) The Minister may direct the council to prepare an instrument ending\nthe operation of an interstate scheme in relation to this jurisdiction.\n(3) The council must comply with any direction under subsection (2).\n(4) The council may, on its own initiative, at any time while an interstate\nscheme remains in force, prepare an instrument ending the operation\nof the scheme in relation to this jurisdiction.\n(5) Sections 4.5 to 4.10 (other than section 4.9 (2)) extend, with any\nnecessary modifications, to the ending of the operation of an interstate\nscheme under an instrument under that section.\n(6) The operation of an interstate scheme is ended, in relation to this\njurisdiction, on—\n(a) the day after the day of its publication as stated in the instrument;\nor\n(b) if no day is stated—2 months after the day of its publication.\n\nSection 4.15\n4.15 People to whom scheme applies\n(1) A scheme may provide that it applies to—\n(a) everyone within an occupational association; or\n(b) a stated class or classes of people within an occupational\n(2) A scheme applying in relation to an occupational association may\nprovide that the occupational association may, on application by a\nperson, exempt the person from the scheme.\n(3) A scheme ceases to apply to a person exempted under subsection\n(2)—\n(a) on the date the exemption is granted; or\n(b) if the exemption provides for a later date—the later date.\n(4) Subsection (2) does not apply to a person to whom a scheme applies\nbecause of section 4.16.\n4.16 Other people to whom scheme applies\n(1) If a scheme applies to a person, the scheme also applies to—\n(a) each partner of the person; and\n(b) each employee of the person; and\n(c) if the person is a corporation, each officer of the corporation;\nand\n(d) each person who is, under a regulation made for section 4.25\n(Limitation of amount of damages), associated with the person.\n\nSection 4.17\n(2) If the partner, employee or officer of the person is entitled to be a\nmember of the same occupational association as the person but is not\na member, the scheme does not apply to the partner, employee or\nofficer.\nofficer—\n(a) in relation to a corporation within the meaning of the\nCorporations Act—see the Corporations Act, section 82A\n(Officers of bodies corporate and other entities); and\n(b) in relation to any other corporation—means anyone (by\nwhatever name called) who is concerned in or takes part in the\nmanagement of the corporation.\n4.17 Limitation of liability by insurance arrangements\nA person to whom a scheme applies, and against whom a proceeding\nin relation to the cause of action above the monetary ceiling if the\nperson can satisfy the court that—\n(a) the person has the benefit of an insurance policy insuring the\nperson against the occupational liability to which the cause of\naction relates; and\n(b) the amount payable under the policy for the occupational\nliability is at least the amount of the monetary ceiling stated in\nthe scheme in relation to the class of person and the kind of work\nto which the cause of action relates.\n\nSection 4.18\n4.18 Limitation of liability by reference to amount of business\nassets\nA person to whom a scheme applies, and against whom a proceeding\nfor the cause of action above the monetary ceiling if the person can\nsatisfy the court—\n(a) that the person has business assets with a net current market\nvalue of at least the monetary ceiling stated in the scheme in\nrelation to the class of person and the kind of work to which the\ncause of action relates; or\n(b) that—\n(i) the person has business assets and the benefit of an\ninsurance policy insuring the person against the\noccupational liability; and\n(ii) the net current market value of the business assets and the\namount payable under the policy for the occupational\nliability, if combined, would total an amount that is at least\nthe amount of the monetary ceiling stated in the scheme in\nrelation to the class of person and the kind of work to which\nthe cause of action relates.\n4.19 Limitation of liability by multiple of charges\n(1) A person to whom a scheme applies, and against whom a proceeding\nin relation to the cause of action above the limitation amount if the\nperson can satisfy the court—\n(a) that the person has the benefit of an insurance policy—\n(i) insuring the person against that occupational liability; and\n\nSection 4.19\n(ii) under which the amount payable for the occupational\nliability is at least an amount (the limitation amount) that\nis a reasonable charge for the services provided by the\nperson or which the person failed to provide and to which\nthe cause of action relates, multiplied by the multiple stated\nin the scheme in relation to the class of person and the kind\nof work to which the cause of action relates; or\n(b) that the person has business assets with a net current market\nvalue of at least the limitation amount; or\n(c) that—\n(i) the person has business assets and the benefit of an\ninsurance policy insuring the person against the\noccupational liability; and\n(ii) the net current market value of the assets and the amount\npayable under the policy for the occupational liability, if\ncombined, would total an amount that is at least the\nlimitation amount.\n(2) In deciding what is a reasonable charge for a provision mentioned in\nsubsection (1), the court must consider—\n(a) the amount charged; and\n(b) the amount that would ordinarily be charged in accordance with\na scale of charges (a relevant scale) accepted by the\noccupational association of which the person is a member; or\n(c) if there is not a relevant scale—the amount that a competent\nperson with the same qualifications and experience as the person\nwould be likely to charge in the same circumstances.\n(3) This section does not limit an amount of damages for which a person\nis liable if the amount is less than the amount stated for the purpose\nin the scheme in relation to the class of person and the kind of work\nconcerned.\n\nSection 4.20\n4.20 Statement of different limits of liability\n(1) A scheme may provide for—\n(a) the same maximum amount of liability for all cases to which the\nscheme applies; or\n(b) different maximum amounts of liability for different cases or\nclasses of case to which the scheme applies; or\n(c) different maximum amounts of liability for the same class of\ncase to which the scheme applies for different purposes.\n(2) A scheme may give an occupational association a discretionary\nauthority, on application by a person to whom the scheme applies, to\nstate in relation to the person a higher maximum amount of liability\nthan would otherwise apply under the scheme in relation to the\nperson, either in all cases, in any stated case or class of case, or for\ndifferent purposes.\n4.21 Combination of provisions under s 4.17, s 4.18 and s 4.19\n(1) This section applies if, in a scheme, provisions of the kind mentioned\nin section 4.19, and provisions (the additional provisions) of the kind\nmentioned in section 4.17 or section 4.18 (or both), apply to a person\nat the same time in relation to the same occupation.\n(2) The scheme must provide that the damages awarded against the\nperson are to be decided under section 4.19 but must not exceed the\nmonetary ceiling provided in relation to the person under the\nadditional provisions.\n4.22 Amount below which liability may not be limited\n(1) A scheme may affect the liability for damages arising from a single\ncause of action only to the extent that the liability results in damages\nexceeding an amount (at least $500 000) decided by the council and\nstated in the scheme.\n\nSection 4.22A\n(2) In making a decision, the council must consider—\n(a) the number and amounts of claims made against people within\nthe occupational association concerned; and\n(b) the need to adequately protect consumers.\n(3) A council decision—\n(a) takes effect when an amendment of the scheme giving effect to\nthe decision takes effect; and\n(b) applies only to a cause of action that arises after the decision\ntakes effect.\n4.22A Liability in damages not reduced to below relevant limit\nThe liability in damages of a person to whom a scheme applies is not\nreduced below the relevant limitation imposed by a scheme in force\nunder this schedule because the amount available to be paid to the\nclaimant under the insurance policy required for this schedule for the\nliability is less than the relevant limitation.\nNote Section 4.2A allows a defence costs inclusive policy for this schedule,\nwhich may reduce the amount available to be paid to a client for\noccupational liability covered by the policy. Section 4.22A makes it clear\nthat this does not reduce the cap on the liability of the scheme participant\nto the client, and accordingly the scheme participant will continue to be\nliable to the client for any difference between the amount payable to the\nclient under the policy and the amount of the cap.\n4.23 Insurance to be of required standard\nFor a scheme, an insurance policy must comply with standards\ndecided by the occupational association whose members may be\ninsured under the policy.\n\nSection 4.24\n4.24 Limit of occupational liability by schemes\n(1) To the extent provided under this schedule and the provisions of the\nscheme, a scheme limits the occupational liability of a person in\nrelation to a cause of action based on an act or omission if the scheme\napplied to the person when the act or omission happened.\n(2) The limitation of liability applying to the cause of action is the\nlimitation provided under the scheme when the act or omission giving\nrise to the cause of action concerned happened.\n(3) A limitation of liability that, under this section, applies in relation to\nan act or omission applies to every cause of action based on the act or\nomission, irrespective of when the cause of action arises or\nproceedings are begun in relation to it, even if the scheme has been\namended or, under section 4.28 (Duration of scheme), has ceased to\nbe in force.\n(4) A person to whom a scheme applies cannot choose not to be subject\nto the scheme unless exempt under provisions included in the scheme\nunder section 4.15 (2) (People to whom scheme applies).\n4.25 Limitation of amount of damages\n(1) A limitation under a scheme of an amount of damages is a limitation\nof the amount of damages that may be awarded for a single claim and\nis not a limitation of the amount of damages that may be awarded for\nall claims arising out of the same act or omission.\n(2) Separate claims by 2 or more people who have a joint interest in a\ncause of action based on the same act or omission are to be treated as\na single claim for this schedule.\n(3) Two or more claims by the same person arising out of the same act or\nomission against people who are associated are to be treated as a\nsingle claim for this schedule.\n\nEffect of schemes Division 4.2.3\nSection 4.26\n(4) People are associated if they are—\n(a) officers of the same corporation (within the meaning of\nsection 4.16); or\n(b) partners, employees of the same employer or in the relationship\nof employer and employee; or\n(c) prescribed by regulation for this subsection.\n4.26 Effect of scheme on other parties to proceedings\nA scheme does not limit the liability of a person who is a party to a\nproceeding if the scheme does not apply to the person.\n4.27 Proceedings to which a scheme applies\nA scheme in force under this schedule applies to proceedings relating\nto acts or omissions that happened after the commencement of the\n4.28 Duration of scheme\n(1) A scheme must state a period of not longer than 5 years that it is to\nremain in force after its commencement.\n(2) Subject to subsection (4), a scheme (other than an interstate scheme)\nremains in force until—\n(a) the period stated under subsection (1) ends; or\n(b) the scheme is revoked; or\n(c) the scheme ceases to operate because of the operation of this\nschedule or another Territory law; or\n(d) the scheme is declared void by an order made by—\n(i) the Supreme Court under section 4.12; or\n(ii) the Supreme Court of another jurisdiction under the\ncorresponding law of that jurisdiction; or\n\nSection 4.29\n(e) the scheme is disallowed under the Legislation Act, section 65\n(Disallowance by resolution of Assembly).\n(3) Subject to subsection (4), an interstate scheme remains in force in this\njurisdiction until—\n(a) the period stated under subsection (1) ends; or\n(b) the scheme’s operation in relation to this jurisdiction is ended\nunder section 4.14B (Ending of operation of interstate schemes);\nor\n(c) the scheme ceases to have effect in the jurisdiction in which it\nwas prepared; or\n(d) the scheme is disallowed under the Legislation Act, section 65\n(Disallowance by resolution of Assembly).\n(4) The Minister may extend the period for which the scheme is in force.\n(5) An instrument under subsection (4) is a notifiable instrument.\n(6) To remove any doubt, an instrument under subsection (4) is effective\nto extend the period for which a scheme is in force even if the\ninstrument is notified after the day the scheme ends.\n(7) The period for which a scheme is in force may be extended only once,\nand for not longer than 12 months.\n4.29 Notification of limitation of liability\n(1) A person commits an offence if—\n(a) the person’s occupational liability is limited under this schedule;\nand\n(b) the person gives a document to a client or prospective client; and\n(c) the document promotes or advertises the person or the person’s\noccupation; and\n\nEffect of schemes Division 4.2.3\nSection 4.29\n(d) the document does not carry a statement that the person’s\nliability is limited.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if—\n(a) the person’s occupational liability is limited under this schedule;\nand\n(b) a client, or a prospective client, requests a copy of the scheme\nlimiting the person’s occupational liability; and\n(c) the person fails to give a copy of the scheme to the client or\nprospective client.\nMaximum penalty: 50 penalty units.\n(3) A regulation may prescribe a form of statement for this section.\n(4) A person does not commit an offence against subsection (1) in\nrelation to a document if the document carries a statement in the\nprescribed form.\ndocument includes an item of official correspondence ordinarily used\nby the person in the performance of the person’s occupation and a\nsimilar document, but does not include a business card.\n\nPart 4.3 Compulsory insurance\nSection 4.30\nPart 4.3 Compulsory insurance\n4.30 Occupational association may require members to insure\n(1) An occupational association may require its members to hold\ninsurance against occupational liability.\n(2) A requirement under subsection (1) may be imposed as a condition of\nmembership or otherwise.\n(3) The occupational association may set the standards with which the\ninsurance must comply.\nThe occupational association may set the amount of the insurance.\n(4) The occupational association may set different standards of insurance\nfor different classes of members.\n(5) The standards are in addition to other statutory requirements and must\nnot be inconsistent with them.\n4.31 Monitoring claims by occupational associations\n(1) An occupational association may establish a committee, or 2 or more\noccupational associations may establish a common committee, for\nmonitoring and analysing claims made against members for\noccupational liability.\n(2) Not all committee members need to be members of the occupational\nassociation or associations concerned.\nAn insurer representative may be a committee member.\n(3) An occupational association may, through the committee or\notherwise, issue practice advice to its members to minimise claims\nfor occupational liability.\n\nCompulsory insurance Part 4.3\nSection 4.31\n(4) A committee may ask an insurer to give it any information or a copy\nof any document that the committee considers will assist it in carrying\nout its function.\n\nPart 4.4 Risk management\nSection 4.32\nPart 4.4 Risk management\n4.32 Risk management strategies by occupational\nassociations\n(1) If an occupational association seeks the council’s approval of a\nscheme under section 4.4 (Preparation of schemes and\nrecommendation by council), it must give the council—\n(a) a detailed list of the risk management strategies it intends to\nimplement for its members; and\n(b) information about how it intends to implement the strategies.\n(2) The method of implementation may be imposed as a condition of\nmembership or otherwise.\n(3) The strategies are to apply in addition to, and must not be inconsistent\nwith, other statutory requirements.\n4.33 Reporting by occupational associations\n(1) An occupational association must give the council the information the\ncouncil asks for about the association’s risk management strategies.\n(2) An occupational association must give an annual report to the council\nabout the implementation and monitoring of its risk management\nstrategies, the effect of the strategies and any changes made or\nproposed to be made to them.\n(3) The occupational association’s annual report must include details of\nany findings made, or conclusions drawn, by a committee established\nby it (whether solely or jointly with other associations) under\nsection 4.31 (Monitoring claims by occupational associations).\n(4) The occupational association’s annual report must be incorporated\ninto the council’s annual report in a form decided by the council.\n\nRisk management Part 4.4\nSection 4.34\n4.34 Compliance audits\n(1) An audit of the compliance of members (a compliance audit), or of\nspecified members or a specified class or classes of members, of an\noccupational association with the association’s risk management\nstrategies—\n(a) may be conducted at any time by the council or the association;\nor\n(b) must be conducted by the association if the council requests it.\n(2) If a compliance audit is conducted by the council—\n(a) the occupational association must give, and ensure that its\nmembers give, the council any information or a copy of any\ndocument that the council reasonably asks for, relating to the\nconduct of the audit; and\n(b) the council must give a copy of a report of the audit to the\n(3) If the occupational association conducts a compliance audit, it must\ngive a copy of a report of the audit to the council.\n\nPart 4.5 Complaints and disciplinary matters\nSection 4.35\nPart 4.5 Complaints and disciplinary\nmatters\n4.35 Complaints and Discipline Code\n(1) A scheme may adopt the provisions of the model code set out in\nschedule 5 with any changes recommended by the council.\n(2) The changes may include provisions for the making and deciding of\ncomplaints and the imposition and enforcement of disciplinary\nmeasures against members of an occupational association, including\n(but not limited to) the following:\n(a) the establishment of committees for implementing the model\ncode or any of its provisions;\n(b) the procedure at committee meetings;\n(c) whether a committee may administer an oath;\n(d) the application or exclusion of the rules of, and practice relating\nto, evidence;\n(e) the grounds on which a complaint may be made;\n(f) the verification of complaints by statement;\n(g) the suspension of members from membership or from practice;\n(h) the imposition of fines;\n(i) the making of appeals;\n(j) the exchange of information with other occupational\nassociations (within or outside the ACT).\n(3) The provisions are in addition to other relevant statutory schemes and\nmust not be inconsistent with them.\n\nEstablishment and functions of council Division 4.6.1\nSection 4.36\nDivision 4.6.1 Establishment and functions of\ncouncil\n4.36 The council\n(1) The Professional Standards Council (the council) is established.\n(2) The council—\n(a) is a corporation; and\n(b) must have a seal.\n4.37 Functions of council\n(1) The council has the following functions:\n(a) to give advice to the Minister about—\n(i) giving notice of the approval of schemes, and their\namendment and revocation; and\n(ii) the operation of this schedule; and\n(iii) anything else relating to the occupational liability of\nmembers of occupational associations;\n(b) to give advice to occupational associations about policies of\ninsurance for part 4.2 (Limitation of liability);\n(c) to encourage and assist in the improvement of occupational\nstandards of members of occupational associations;\n(d) to encourage and assist in the development of self-regulation of\noccupational associations, including giving advice and\nassistance about the following:\n(i) codes of ethics;\n(ii) codes of practice;\n\nDivision 4.6.1 Establishment and functions of council\nSection 4.37\n(iii) quality management;\n(iv) risk management;\n(v) resolution of complaints by clients;\n(vi) voluntary mediation services;\n(vii) membership requirements;\n(viii) discipline of members;\n(ix) continuing occupational education;\n(e) to monitor the occupational standards of members of\noccupational groups;\n(f) to monitor the compliance by an occupational association with\nits risk management strategies;\n(g) to publish advice and information about the matters mentioned\nin this subsection;\n(h) to conduct forums, approved by the Minister, on issues of\ninterest to members of occupational groups;\n(i) to collect, analyse and provide the Minister with information on\nissues and policies about the standards of occupational groups;\n(j) any other functions given to it under this schedule, under any\nother territory law, or under the law of another jurisdiction.\n(2) The council is not authorised to give advice about occupational\nstandards prescribed under another Act or statutory instrument.\n(3) Any advice given to the Minister by the council may be given with or\nwithout a request of the Minister.\n\nMembership of council Division 4.6.2\nSection 4.37A\n4.37A Cooperation with authorities in other jurisdictions\nIf a scheme operates, or indicates an intention to operate, as a scheme\nof both this jurisdiction and another jurisdiction, the council may—\n(a) in the exercise of its functions under this schedule, act in\nconjunction with the appropriate council for the other\njurisdiction; and\n(b) act in conjunction with the appropriate council for the other\njurisdiction in the exercise of that council’s functions under the\ncorresponding law of that jurisdiction.\n4.38 Membership of council\n(1) The council is to consist of 11 people appointed by the Minister who\nhave the experience, skills and qualifications the Minister considers\nappropriate to enable them to make a contribution to the work of the\ncouncil.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The Legislation Act, division 19.3.3 (Appointments—Assembly\n\nSection 4.39\n4.39 Chairperson and deputy chairperson of council\n(1) Two of the members of the council are to be appointed as chairperson\nand deputy chairperson of the council, respectively.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(1A) The Legislation Act, division 19.3.3 (Appointments—Assembly\n(2) The Minister may remove a member from the office of chairperson\nor deputy chairperson of the council at any time.\n(3) A person holding office as chairperson or deputy chairperson of the\ncouncil vacates the office if the person—\n(a) is removed from the office by the Minister; or\n(b) ceases to be a member.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n4.40 Deputies of members\n(1) The Minister may appoint a person to be the deputy of a member.\n(1A) The Legislation Act, division 19.3.3 (Appointments—Assembly\n\nMembership of council Division 4.6.2\nSection 4.41\n(2) In the absence of a member, the member’s deputy—\n(a) is, if available, to act in the place of the member; and\n(b) while so acting, has all the functions of the member and is taken\nto be a member.\n(3) The deputy of a member who is chairperson or deputy chairperson of\nthe council does not (because of this section) have the member’s\nfunctions as chairperson or deputy chairperson.\n(4) A person acting in the place of a member is entitled to be paid the\nallowances decided by the Minister.\n4.41 Term of appointment\nA member is to be appointed for not longer than 3 years.\n4.42 Allowances of members\nA member is entitled to be paid the allowances decided by the\nMinister.\n4.43 Vacancy in office of member\n(1) The office of a member becomes vacant if the member—\n(a) dies; or\n(b) completes a term of office and is not re-appointed; or\n(c) is removed from office by the Minister; or\n(d) is absent from 4 consecutive meetings of the council of which\nreasonable notice has been given to the member personally or in\nthe ordinary course of post, except on leave granted by the\ncouncil or unless, before the end of 4 weeks after the day of the\nlast of those meetings, the member is excused by the council for\nhaving been absent from those meetings; or\n(e) becomes bankrupt or personally insolvent; or\n\nSection 4.44\n(f) is convicted in the ACT of an offence punishable by\nimprisonment for 12 months or more or is convicted elsewhere\nof an offence that, if committed in the ACT, would be an offence\nso punishable.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n(2) The Minister may remove a member from office for—\n(a) incompetence or misbehaviour; or\n(b) mental or physical incapacity to carry out the duties of office\nsatisfactorily.\n4.44 Filling of vacancy in office of member\nIf the office of a member becomes vacant, a person may be appointed\nto fill the vacancy.\n4.45 Personal liability of members etc\n(1) A member, a deputy of a member, or anyone acting under the\ndirection of the council, a member or a deputy member, is not\npersonally liable for anything done or omitted to be done honestly—\n(a) in the exercise of a function under this schedule; or\nexercise of a function under this schedule.\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the council.\n4.46 General procedure for council\nThe procedure for the calling of meetings of the council and for the\nconduct of business at those meetings is, subject to this schedule and\nthe regulations, to be as decided by the council.\n\nMiscellaneous—council Division 4.6.4\nSection 4.47\n4.47 Quorum at council meetings\nThe quorum for a meeting of the council is a majority of its members\nfor the time being.\n4.48 Presiding member at council meetings\n(1) The chairperson of the council or, in the absence of the chairperson,\nthe deputy chairperson of the council or, in the absence of both,\nanother member elected to chair the meeting by the members present\nis to preside at a meeting of the council.\n(2) The person presiding at any meeting of the council has a deliberative\nvote and, if the votes are equal, has a second or casting vote.\n4.49 Voting at council meetings\nA decision supported by a majority of the votes cast at a meeting of\nthe council at which a quorum is present is the decision of the council.\n4.50 Requirement to provide information\n(1) The council may, by written notice, require an occupational\nassociation—\n(a) whose members are subject to a scheme in force under this\nschedule; or\n(b) that seeks the council’s approval under section 4.4 for a scheme,\nor an amendment or revocation of a scheme;\nto give it the information it reasonably requires to exercise its\nfunctions.\n(2) An occupational association commits an offence if it does not comply\nwith a notice under this section.\nMaximum penalty: 5 penalty units.\n\nSection 4.51\n4.51 Referral of complaints\n(1) An occupational association may refer to the council any complaint\nor other evidence received by it that a member or former member of\nthe association has committed an offence against section 4.29\n(Notification of limitation of liability) or an offence against a\nregulation.\n(2) An occupational association must give information to the council\nabout—\n(a) any complaint or other evidence covered by subsection (1) that\nit did not refer to the council; and\n(b) particulars of any action taken by it on the complaint or other\nevidence and of the outcome of the action.\n(3) An occupational association, member of an association’s executive\nbody, or anyone acting under the direction of an association or its\nexecutive body, is not personally liable for anything done or omitted\nto be done honestly—\n(a) in the exercise of a function under this section; or\nexercise of a function under this section.\n(4) Any liability that, apart from subsection (3), would attach to a person\nattaches instead to the occupational association.\n4.52 Council committees\n(1) The council may, with the Minister’s approval, establish committees\nto assist in the exercise of its functions.\n(2) Committee members need not be members of the council.\n(3) The procedure for calling committee meetings and for the conduct of\nbusiness at those meetings is to be decided by the council or (subject\nto any decision of the council) by the committee.\n\nMiscellaneous—council Division 4.6.4\nSection 4.53\n4.53 Use of government staff or facilities\nThe council may, with the approval of the Minister, arrange for the\nuse of government staff or facilities.\n4.54 Engagement of consultants by council\nThe council, or a committee established under section 4.52, may\nengage consultants with suitable qualifications and experience, either\nin an honorary capacity or for remuneration.\n4.55 Accountability of council to Minister\n(1) The council must exercise its functions subject to—\n(a) the general direction and control of the Minister; and\n(b) any specific written directions given by the Minister.\n(2) Without limiting subsection (1) (b), a direction may require the\ncouncil to give the Minister information, or give access to\ninformation, in its possession or control about anything stated in the\ndirection.\n4.56 Annual report of council\n(1) The council must prepare a report on the council’s work and activities\nduring each financial year.\n(2) The council must give the report for a financial year to the Minister\nbefore 1 October in the next financial year.\n(3) The Minister must present a copy of the annual report to the\nLegislative Assembly within 6 sitting days after the day the Minister\nreceives it.\n\nPart 4.7 Miscellaneous—sch 4\nSection 4.57\nPart 4.7 Miscellaneous—sch 4\n4.57 Characterisation of sch 4\nThe provisions of this schedule are to be regarded as part of the\nsubstantive law of the ACT.\n4.58 No contracting out of sch 4\nThis schedule applies to a person to whom a scheme in force under\nthis schedule applies despite any contract to the contrary, whether the\ncontract was made before, on or after the day the person became a\nperson to whom the scheme applies.\n4.59 No limitation on other insurance\nThis schedule does not limit the insurance arrangements a person may\nmake apart from those made for this schedule.\n4.59A Validation of schemes etc\n(1) A scheme approved under this schedule before the commencement of\nthe Justice and Community Safety Legislation Amendment Act 2007\n(the amending Act) is taken to be, and always to have been, a valid\nscheme if it would have been valid had the amendments made by the\namending Act been in force when the scheme was approved.\n(2) Anything done or omitted to be done in relation to such a scheme is\ntaken to be, and always to have been, validly done or omitted.\n(3) In particular, an insurance policy required by this schedule before a\nlimitation on liability in damages of a person to whom such a scheme\napplies is reduced is taken to comply, and always to have complied,\nwith this schedule if it would have complied had the amendments\nmade by the amending Act been in force when the policy was issued.\n(4) This section extends to proceedings pending in a court on the\ncommencement of this section.\n\nOccupational associations—model code Schedule 5\nSection 5.1\nSchedule 5 Occupational associations—\nmodel code\nModel code\n5.1 Name of code\nThis code is the Occupational Associations (Complaints and\nDiscipline) Code.\n5.2 Meaning of council\nIn this code:\ncouncil means the Professional Standards Council established under\nthe Civil Law (Wrongs) Act 2002, schedule 4.\n5.3 What actions may be the subject of a complaint?\n(1) A complaint may be made that a member of the occupational\nassociation has acted (or has failed to act) in such a way as to justify\nthe taking of disciplinary action against the member under this code.\n(2) A complaint may be made and dealt with even though the person\nabout whom it is made has ceased to be a member.\n5.4 Who may make a complaint?\nAny person may make a complaint (including the occupational\nassociation and the council).\n5.5 How is a complaint made?\n(1) A complaint may be made to the occupational association.\n(2) The complaint must be in writing and contain the particulars of the\nallegations on which it is founded.\n\nSchedule 5 Occupational associations—model code\nSection 5.6\n(3) The occupational association must notify the council of each\ncomplaint made to it (other than a complaint made by the council).\n5.6 What happens after a complaint is made?\n(1) The occupational association must consider a complaint as soon as\npracticable after the complaint is made to it or notified to it by the\ncouncil.\n(2) The association may do 1 or more of the following:\n(a) require the complainant to provide further particulars of the\ncomplaint;\n(b) carry out an investigation into the complaint;\n(c) attempt to resolve the complaint by conciliation;\n(d) decline to consider the complaint (because, for example, the\ncomplaint is frivolous, vexatious, misconceived or lacking in\nsubstance);\n(e) conduct a hearing into the complaint.\n(3) The occupational association is bound by the rules of natural justice\nin conducting a hearing into the complaint.\n5.7 What action may be taken after a hearing into a\ncomplaint?\n(1) After an occupational association has conducted a hearing into a\ncomplaint against a person, it may, if it finds the complaint\nsubstantiated, do 1 or more of the following:\n(a) caution or reprimand the person;\n(b) impose conditions relating to the carrying out of the person’s\noccupation;\n(c) require the person to complete specified courses of training or\ninstruction;\n\nOccupational associations—model code Schedule 5\nSection 5.8\n(d) require the person to report about the carrying out of the person’s\noccupation at the times, in the way and to the people specified\nby the association;\n(e) order the person to obtain advice about the carrying out of the\nperson’s occupation from the people specified by the\nassociation;\n(f) expel the person from membership of the association.\n(2) If the association does not find the complaint substantiated, it must\ndismiss the complaint.\n(3) The association is not entitled to make an award of compensation.\n5.8 Notices of decisions\n(1) Within 30 days after the day a decision is made by an occupational\nassociation about a complaint, the complainant and the person against\nwhom the complaint is made must be given a written statement of the\ndecision.\n(2) The statement must include the reasons for the decision.\nNote The Legislation Act, s 179 deals with the information that must be\nincluded in a statement of reasons.\n5.9 What rights of representation do parties to a complaint\nhave?\nThe complainant and the person about whom the complaint is made\nare not entitled to legal representation during attempts to resolve the\ncomplaint by conciliation but are entitled to legal representation\nduring a hearing into the complaint.\n\nSchedule 5 Occupational associations—model code\nSection 5.10\n5.10 How may occupational association’s functions under\ncode be exercised?\nA function of an occupational association under this code may, in\naccordance with a resolution of the association, be exercised by the\nexecutive body of the association or by a person or people appointed\nfor the purpose by the executive body.\n5.11 Protection from liability\n(1) A member of the executive body of an occupational association, or\nanyone acting in accordance with a resolution of the association, is\nnot personally liable for anything done or omitted to be done\nhonestly—\n(a) in the exercise of a function under this schedule; or\nexercise of a function under this schedule.\n(2) Any liability that, apart from subsection (1), would attach to a person\nattaches instead to the council.\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Australian Consumer Law (ACT)\n• Australian statistician\n• bankrupt or personally insolvent\n• body\n• child\n• civil partner\n• civil union partner\n• corporation\n• Corporations Act\n• doctor\n• domestic partner (see s 169)\n• entity\n• foreign country\n• human rights commission\n• indictable offence (see s 190)\n• integrity commission\n• integrity commissioner\n• lawyer\n• Minister (see s 162)\n• official visitor\n• proceeding\n• property\n• public trustee and guardian\n• sentence administration board\n• (the) Territory\n• work health and safety commissioner.\n\nabuse settlement agreement, for part 8A.3 (Institutional child\nabuse—setting aside abuse settlement agreements)—see\nsection 114J.\naccess prevention step, in relation to the publication of digital matter,\nfor chapter 9 (Defamation)—see section 116.\naccident means an incident out of which personal injury arises, and\nincludes a motor accident.\naccommodation provider—see section 146.\naccommodation unit, for part 11.1 (Traveller accommodation\nproviders liability)—see section 144.\nact of terrorism, for part 3.3 (Exclusion of liability for\nterrorism-associated risks)—see section 37.\nagent, of an accommodation provider, for part 11.1 (Traveller\naccommodation providers liability)—see section 144.\naggrieved person, for division 9.3.1 (Concerns notices and offers to\noccupational liability, for schedule 4 (Professional standards)—see\nschedule 4, section 4.2A.\nanimal, for division 11.2.4 (Liability of common carriers for certain\nanimals)—see section 163.\nanother jurisdiction, for schedule 4 (Professional standards)—see\napology, for part 2.3 (Apologies)—see section 13.\napplicable period, for an offer to make amends, for division 9.3.1\n(Concerns notices and offers to make amends)—see section 126.\napplicant, for part 8A.3 (Institutional child abuse—setting aside\nabuse settlement agreements)—see section 114K (1).\n\napportionable claim, for chapter 7A (Proportionate liability)—see\nsection 107B.\nappropriate council, in relation to another jurisdiction, for schedule 4\n(Professional standards)—see schedule 4, section 4.2.\nassociated entity, for chapter 9 (Defamation)—see the Corporations\nAct, section 50AAA.\nAustralian court, for chapter 9 (Defamation)—see section 116.\nAustralian jurisdiction, for chapter 9 (Defamation)—see\nsection 116.\nAustralian tribunal, for chapter 9 (Defamation)—see section 116.\nbusiness assets, for schedule 4 (Professional standards)—see\ncaching service, for division 9.2.2A (Exemptions from liability for\nchild—\n(a) for part 3.1 (Wrongful act or omission causing death)—see\nsection 23; and\n(b) for part 3.2 (Mental harm)—see section 32.\nchild abuse, for chapter 8A (Institutional child abuse)—see\nsection 114AA.\nchild abuse claim—see section 114A.\nclaim—\n(a) for chapter 5 (Personal injuries claims—pre-court\n(b) for part 7.1 (Damages for personal injuries—exclusions and\nlimitations)—see section 92.\n\nclaimant—\n(a) for chapter 5 (Personal injuries claims—pre-court\n(b) for chapter 7A (Proportionate liability)—see section 107C.\ncommon carrier, for part 11.2 (Common carriers)—see section 156.\ncommunity organisation, for part 2.2 (Volunteers)—see section 6.\ncommunity work, for part 2.2 (Volunteers)—see section 7.\ncomplying notice of claim, for chapter 5 (Personal injuries claims—\npre-court procedures)—see section 49.\nconcerns notice, for division 9.3.1 (Concerns notices and offers to\nmake amends)—see section 124A.\nconcurrent wrongdoer, for chapter 7A (Proportionate liability)—see\nsection 107D.\nconduit service, for division 9.2.2A (Exemptions from liability for\nconsequential mental harm, for part 3.2 (Mental harm)—see\nsection 32.\nconsumer claim, for chapter 7A (Proportionate liability)—see\nsection 107C.\ncontribution notice, for chapter 5 (Personal injuries claims—\npre-court procedures)—see section 57.\ncontributor, for chapter 5 (Personal injuries claims—pre-court\ncorresponding law, for schedule 4 (Professional standards)—see\n\ncosts—\n(a) for part 14.1 (Maximum costs for certain personal injury\ndamages claims)—see section 180; and\n(b) for schedule 4 (Professional standards)—see schedule 4,\ncouncil—\n(a) for schedule 4 (Professional standards)—see schedule 4,\nsection 4.36; and\n(b) for schedule 5 (Occupational associations—model code)—see\nschedule 5, section 5.2.\ncountry, for chapter 9 (Defamation)—see section 116.\ncourt—\n(b) for chapter 5 (Personal injuries claims—pre-court\n(c) for part 7.1 (Damages for personal injuries—exclusions and\nlimitations)—see section 92; and\n(d) for part 7.3 (Contributory negligence)—see section 101; and\n(e) for chapter 13 (Misrepresentation)—see section 172; and\n(f) for part 14.1 (Maximum costs for certain personal injury\ndamages claims)—see section 180; and\n(g) for part 14.2 (Costs in damages claims if no reasonable\nprospects of success)—see section 186; and\n(h) for schedule 4 (Professional standards)—see schedule 4,\n\ndamage—\n(b) for part 7.3 (Contributory negligence)—see section 101.\ndamages, for schedule 4 (Professional standards)—see schedule 4,\ndefault value, for division 11.2.4 (Liability of common carriers for\ncertain animals)—see section 163.\ndefendant, for chapter 7A (Proportionate liability)—see\nsection 107A.\ndigital intermediary, in relation to the publication of digital matter,\nfor chapter 9 (Defamation)—see section 116.\ndigital matter, for chapter 9 (Defamation)—see section 116.\ndocument, for chapter 9 (Defamation)—see section 116.\ndonor, for part 2.2A (Food donors)—see section 11A.\nduty of care, for chapter 8 (Liability of public and other authorities)—\nsee section 109.\nelectronic communication, for chapter 9 (Defamation)—see\nsection 116.\nemployee, of an organisation, for part 8A.1A (Liability of\norganisations)—see section 114BC.\nequine, for schedule 3 (Equine activities)—see schedule 3,\nequine activity, for schedule 3 (Equine activities)—see schedule 3,\nequine activity sponsor, for schedule 3 (Equine activities)—see\nschedule 3, section 3.1.\n\nequine facility, for schedule 3 (Equine activities)—see schedule 3,\nequine professional, for schedule 3 (Equine activities)—see\nschedule 3, section 3.1.\nexcluded corporation, for chapter 9 (Defamation)—see section 121.\nfamily member, of a person, for part 3.2 (Mental harm)—see\nsection 32.\nfault, for part 11.1 (Traveller accommodation providers liability)—\nsee section 144.\nfit for human consumption, in relation to food, for part 2.2A (Food\ndonors)—see section 11A.\nfood, for part 2.2A (Food donors)—see section 11A.\nfuneral expenses includes costs related to any of the following:\n(a) the publication of death and funeral notices;\n(b) the services of an undertaker, including the supply of vehicles;\n(c) wreaths or floral tributes;\n(d) a funeral service;\n(e) a service at the burial or cremation site;\n(f) burial or cremation;\n(g) a headstone, plaque, tablet or other memorial.\nfurther particulars notice, for division 9.3.1 (Concerns notices and\noffers to make amends)—see section 124A (3).\ngeneral law, for chapter 9 (Defamation)—see section 116.\nguest—see section 148.\nharm, for chapter 4 (Negligence)—see section 40.\ninherent risks of equine activities, for schedule 3 (Equine\nactivities)—see schedule 3, section 3.1.\n\ninnkeeper’s liability, for part 11.1 (Traveller accommodation\nproviders liability)—see section 147.\ninsured, for part 15.3 (Attachment of insurance money)—see\nsection 206 (1).\ninsurer, of a person in relation to a claim, for chapter 5 (Personal\ninjuries claims—pre-court procedures)—see section 49.\ninterstate scheme, for schedule 4 (Professional standards)—see\nintoxicated, for part 7.1 (Damages for personal injuries—exclusions\nand limitations)—see section 92.\njudgment, for schedule 4 (Professional standards)—see schedule 4,\nlegal services means legal services provided by a lawyer or the\nlawyer’s agent or employee.\nlimitation amount, for part 11.1 (Traveller accommodation providers\nliability)—see section 144.\nloss, of property, for part 11.1 (Traveller accommodation providers\nliability)—see section 144.\nmatter, for chapter 9 (Defamation)—see section 116.\nmatter in question, for division 9.3.1 (Concerns notices and offers to\nmediation, for part 15.1 (Mediation and neutral evaluation)—see\nsection 192 (1).\nmediation session, for part 15.1 (Mediation and neutral evaluation)—\nsee section 192 (2).\nmember, of a dead person’s family, for part 3.1 (Wrongful act or\nomission causing death)—see section 23.\nmental harm, for part 3.2 (Mental harm)—see section 32.\n\nmotor accident means an accident caused by, or arising out of the use\nof, a motor vehicle.\nmotor accident claim—\n(a) means a claim for damages for personal injury caused by a motor\naccident; and\n(b) includes, for a fatal injury, a claim by the dead person’s\nmotor vehicle—\n(a) means—\n(i) a motor vehicle under the Road Transport (General)\nAct 1999; or\nNote A light rail vehicle is a motor vehicle under the Road\nTransport (General) Act 1999.\n(ii) another vehicle operated on a railway or other fixed track;\nand\n(b) for part 11.1 (Traveller accommodation providers liability),\nincludes a boat, caravan or trailer attached to a motor vehicle.\nnegligence—\n(a) for part 3.2 (Mental harm)—see section 32; and\n(b) for chapter 4 (Negligence)—see section 40.\nneutral evaluation, for part 15.1 (Mediation and neutral\nevaluation)—see section 192 (3).\nneutral evaluation session, for part 15.1 (Mediation and neutral\nevaluation)—see section 192 (5).\nnon-fraudulent misrepresentation, for chapter 13\n(Misrepresentation)—see section 172.\noccupational association, for schedule 4 (Professional standards)—\nsee schedule 4, section 4.2.\n\noccupational group, for schedule 4 (Professional standards)—see\noccupational liability, for schedule 4 (Professional standards)—see\noffer to make amends, for chapter 9 (Defamation)—see section 116.\nonline service, for chapter 9 (Defamation)—see section 116.\norganisation, for part 8A.1A (Liability of organisations)—see\nsection 114BB.\nparent—\n(a) for part 3.1 (Wrongful act or omission causing death)—see\nsection 23; and\n(b) for part 3.2 (Mental harm)—see section 32.\nparliamentary body, for chapter 9 (Defamation)—see section 116.\nparticipant, for schedule 3 (Equine activities)—see schedule 3,\nparticipate, for schedule 3 (Equine activities)—see schedule 3,\nparty, for chapter 5 (Personal injuries claims—pre-court\npersonal injury means bodily injury, and includes—\n(a) mental or nervous shock; and\n(b) death.\npersonal injury damages, for part 14.1 (Maximum costs for certain\npersonal injury damages claims)—see section 180.\n\npersonal representative, of a dead person, means the person to whom\nany grant of probate of the will or administration of the estate of the\ndead person has been made in the ACT, a State or another Territory,\nand includes an executor by representation or the public trustee and\nguardian.\nposter, in relation to the publication of digital matter, for chapter 9\n(Defamation)—see section 116.\npremises includes any land or building, any fixed or moveable\nstructure erected on any land, and any vehicle, vessel or aircraft.\nproperty, of a guest—see section 149.\nprovable facts, in relation to a lawyer, for part 14.2 (Costs in damages\nclaims if no reasonable prospects of success)—see section 186.\nprovide traveller accommodation, for part 11.1 (Traveller\naccommodation providers liability)—see section 144.\npublic or other authority, for chapter 8 (Liability of public and other\nauthorities)—see section 109.\npublisher, for division 9.3.1 (Concerns notices and offers to make\namends)—see section 124.\npure mental harm, for part 3.2 (Mental harm)—see section 32.\nreasonable prospects of success, for part 14.2 (Costs in damages\nclaims if no reasonable prospects of success)—see section 186.\nrecreational drug means a drug consumed voluntarily for\nnon-medicinal purposes, and includes alcohol.\nrelated trust, in relation to an unincorporated body, for chapter 8A\n(Institutional child abuse)—see section 114B.\nrespondent, for chapter 5 (Personal injuries claims—pre-court\nresponsible, for a child, for part 8A.1A (Liability of organisations)—\nsee section 114BD.\n\nsafe custody facilities, for part 11.1 (Traveller accommodation\nproviders liability)—see section 153 (1).\nschedule 2 packaged goods, for part 11.2 (Common carriers)—see\nsection 159 (1).\nscheme, for schedule 4 (Professional standards)—see schedule 4,\nsearch engine, for division 9.2.2A (Exemptions from liability for\nsearch engine provider, for a search engine, for division 9.2.2A\n(Exemptions from liability for digital intermediaries)—see\nsection 122B.\nsearch result, for division 9.2.2A (Exemptions from liability for\nstorage service, for division 9.2.2A (Exemptions from liability for\nsubstantially true, for chapter 9 (Defamation)—see section 116.\nthis jurisdiction—\n(a) for chapter 9 (Defamation)—see section 116; and\n(b) for schedule 4 (Professional standards)—see schedule 4,\ntransport, for part 11.2 (Common carriers)—see section 156.\ntraveller accommodation—see section 145.\nunsafe, in relation to food, for part 2.2A (Food donors)—see\nsection 11A.\nunsuitable, in relation to food, for part 2.2A (Food donors)—see\nsection 11A.\nvoluntary basis, for part 2.2 (Volunteers)—see section 6.\nvolunteer, for part 2.2 (Volunteers)—see section 6.\n\nwrong—\n(b) for part 7.3 (Contributory negligence)—see section 101.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCivil Law (Wrongs) Act 2002 A2002-40\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\npt 7.1 (now pt 11.1) commenced 12 noon 1 July 2003 (s 2 (1))\nch 10 (now ch 14) commenced 1 January 2003 (s 2 (2) and\nCN2002-13)\npt 11.1 (now pt 15.1) commenced 10 April 2003 (s 2 (2) and LA s 79)\nremainder commenced 1 November 2002 (s 2 (2) and CN2002-13)\nas modified by\nCivil Law (Wrongs) Regulations 2002 SL2002-41\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nremainder commenced 21 December 2002 (s 2)\nas amended by\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.2\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.2 commenced 17 January 2003 (s 2 (1))\nCivil Law (Wrongs) Amendment Act 2003 A2003-6\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nremainder commenced 28 March 2003 (s 2)\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.5\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.5 commenced 28 March 2003 (s 2)\n\nas modified by\nCivil Law (Wrongs) Regulation 2003 SL2003-20 (as am by SL2004-8\ns 8, A2004-32 pt 6)\nnotified LR 30 June 2003\ns 1, s 2 commenced 30 June 2003 (LA s 75 (1))\nremainder commenced 1 July 2003 (s 2)\nas amended by\nCivil Law (Wrongs) Amendment Act 2003 (No 2) A2003-35 pt 2\nnotified LR 8 September 2003\ns 1, s 2 commenced 8 September 2003 (LA s 75 (1))\ns 13, s 23 commenced 8 March 2004 (s 2 (2) and LA s 79)\npt 2 remainder commenced 9 September 2003 (s 2 (1))\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.5\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.5 commenced 9 October 2003 (s 2 (1))\nCivil Law (Wrongs) Amendment Regulations 2004 (No 1) SL2004-8\nnotified LR 2 March 2004\nreg 1, reg 2 commenced 2 March 2004 (LA s 75 (1))\nremainder commenced 3 March 2004 (reg 2)\nNote This regulation only amends the Civil Law (Wrongs) Regulation\n","sortOrder":273},{"sectionNumber":"2003","sectionType":"section","heading":"SL2003-20.","content":"2003 SL2003-20.\nConstruction Occupations Legislation Amendment Act 2004\nA2004-13 sch 2 pt 2.4\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.4 commenced 1 September 2004 (s 2 and see Construction\nOccupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8)\nEmergencies Act 2004 A2004-28 sch 3 pt 3.5\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\nsch 3 pt 3.5 commenced 1 July 2004 (s 2 (1) and CN2004-11)\n\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 5\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 5 commenced 13 July 2004 (s 2 (3))\nNote This Act also amends the Civil Law (Wrongs) Regulation 2003\nSL2003-20.\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.8\nnotified LR 2 September 2004\ns 1. s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.8 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nCivil Law (Wrongs) (Proportionate Liability and Professional\nStandards) Amendment Act 2004 A2004-68\nnotified LR 8 September 2004\ns 1, s 2 commenced 8 September 2004 (LA s 75 (1))\nremainder commenced 8 March 2005 (s 2 and LA s 79)\nA2005-5 pt 4\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 4 commenced 24 February 2005 (s 2 (2))\n(No 3) A2005-43 sch 1 pt 1.2\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 October 2005 (s 2 (3) and CN2005-18)\n(No 4) A2005-60 sch 1 pt 1.4\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.4 commenced 22 December 2005 (s 2 (4))\n\nCivil Law (Wrongs) Amendment Act 2006 A2006-1\nnotified LR 22 February 2006\ns 1, s 2 commenced 22 February 2006 (LA s 75 (1))\nremainder commenced 23 February 2006 (s 2)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.6\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.6 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.1\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 July 2006 (s 2)\nCivil Law (Property) Act 2006 A2006-38 sch 1 pt 1.2\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.2 commenced 28 March 2007 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 1 pt 1.1, sch 2 pt 2.8\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 1 pt 1.1 commenced 19 October 2006 (s 2 (3))\nsch 2 pt 2.8 commenced 29 September 2006 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2007\nA2007-22 sch 1 pt 1.2\nnotified LR 5 September 2007\ns 1, s 2 commenced 5 September 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 6 September 2007 (s 2)\nRoad Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.1\n(as am by A2008-39 s 4)\nnotified LR 26 February 2008\ns 1, s 2 commenced 26 February 2008 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)\n\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.5\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 7 May 2008 (s 2)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.5\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.5 commenced 19 May 2008 (s 2 and CN2008-8)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.12\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.12 commenced 26 August 2008 (s 2)\nJustice and Community Safety Legislation Amendment Act 2008\n(No 3) A2008-29 sch 1 pt 1.4\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.4 commenced 27 August 2008 (s 2)\nRoad Transport (Third-Party Insurance) Amendment Act 2008\nnotified LR 22 August 2008\ns 1, s 2 commenced 22 August 2008 (LA s 75 (1))\nremainder commenced 23 August 2008 (s 2)\nNote This Act only amends the Road Transport (Third-Party\nInsurance) Act 2008 A2008-1.\nStatute Law Amendment Act 2009 A2009-20 sch 3 pt 3.13\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\nsch 3 pt 3.13 commenced 22 September 2009 (s 2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.9\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.9 commenced 17 December 2009 (s 2)\n\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.3\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.3 commenced 1 July 2010 (s 2 (1) (a))\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.4\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.4 commenced 1 January 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.9\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.9 commenced 22 November 2012 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2012\n(No 2) A2012-30 sch 1 pt 1.1\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 14 June 2012 (s 2)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.6\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.6 commenced 11 September 2012 (s 2)\nRoad Transport (Third-Party Insurance) Amendment Act 2012\nA2012-48 sch 1 pt 1.1\nnotified LR 5 September 2012\ns 1, s 2 commenced 5 September 2012 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 January 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.5\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.5 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\n\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.3\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.3 commenced 25 November 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\nA2014-17 sch 1 pt 1.3\nnotified LR 13 May 2014\ns 1, s 2 taken to have commenced 25 November 2013 (LA s 75 (2))\nsch 1 pt 1.3 taken to have commenced 25 November 2013 (s 2 (4) and\nsee Statute Law Amendment Act 2013 (No 2) A2013-44 s 2)\nCourts Legislation Amendment Act 2015 A2015-10 pt 3\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 3 commenced 21 April 2015 (s 2 (2))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.11\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.11 commenced 14 October 2015 (s 2)\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 3\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 3 commenced 10 December 2015 (s 2 (2))\nHealth Legislation Amendment Act 2016 A2016-11 pt 2\nnotified LR 1 March 2016\ns 1, s 2 commenced 1 March 2016 (LA s 75 (1))\npt 2 commenced 2 March 2016 (s 2)\nVictims of Crime (Financial Assistance) Act 2016 A2016-12 sch 3\npt 3.1\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 3 pt 3.1 commenced 1 July 2016 (s 2 (1) (a))\n\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.9\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 April 2016 (s 2 and see Protection of Rights\n(Services) Legislation Amendment Act 2016 A2016-1 s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.12\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.12 commenced 27 April 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.4\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.4 commenced 29 June 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\n(No 2) A2016-53 pt 2\nnotified LR 25 August 2016\ns 1, s 2 taken to have commenced 23 June 2016 (LA s 75 (2))\npt 2 commenced 26 August 2016 (s 2 (1))\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.6\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.6 commenced 9 March 2017 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 2\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 2 commenced 24 May 2017 (s 2 (1))\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 sch 1 pt 1.3\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\nsch 1 pt 1.3 commenced 15 August 2017 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2018\nA2018-12 pt 2\nnotified LR 18 April 2018\ns 1, s 2 commenced 18 April 2018 (LA s 75 (1))\npt 2 commenced 25 April 2018 (s 2)\nCivil Law (Wrongs) (Child Abuse Claims Against Unincorporated\nBodies) Amendment Act 2018 A2018-38\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\nremainder commenced 28 September 2018 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.7\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.7 commenced 22 November 2018 (s 2 (1))\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.2\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.2 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 6\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 6 commenced 26 February 2021 (s 2 (1))\nCivil Law (Wrongs) Amendment Act 2021 A2021-15\nnotified LR 30 June 2021\ns 1, s 2 commenced 30 June 2021 (LA s 75 (1))\nremainder commenced 1 July 2021 (s 2)\nJustice and Community Safety Legislation Amendment Act 2022\nA2022-21 pt 3\nnotified LR 9 December 2022\ns 1, s 2 commenced 9 December 2022 (LA s 75 (1))\npt 3 commenced 10 December 2022 (s 2)\n\nCivil Law (Wrongs) Amendment Act 2024 A2024-19\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\nremainder commenced 1 July 2024 (s 2 (1) and CN2024-3)\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 2\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 2 commenced 18 September 2024 (s 2 (4))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.29\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.29 commenced 6 December 2025 (s 2 (5))\nCivil Law (Wrongs) (Organisational Child Abuse Liability)\nAmendment Act 2025 A2025-32\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\nremainder commenced 13 November 2025 (s 2)\n\ns 2 orig s 2 om LA s 89 (4)\n(prev s 3) renum R9 LA (see A2003-35 s 55)\nNotes\ns 3 orig s 3 renum as s 2\n(prev s 4) renum R9 LA (see A2003-35 s 55)\n(2), (3) exp 1 November 2003 (s 3 (3))\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4 renum as s 3\n(prev s 4A) ins A2003-35 s 4\nam A2006-40 amdt 1.1; A2016-37 amdt 1.12; A2017-4\namdt 3.15; A2019-12 amdt 3.5\nOffences against Act—application of Criminal Code etc\ns 4A renum as s 4\nProtection of good samaritans from liability\ns 5 am A2004-28 amdt 3.9; A2008-1 amdt 1.1; A2016-11 s 4;\nss renum R55 LA; A2019-12 amdt 3.6\nMeaning of community work\ns 7 am A2017-4 amdt 3.25\nDirections to community organisations about insurance etc\ns 11 am A2017-4 amdt 3.16; A2025-29 amdt 4.29\nFood donors\npt 2.2A hdg orig pt 2.2A hdg renum as pt 2.3 hdg\nDefinitions—pt 2.2A\ns 11A orig s 11A renum as s 12\ndef donor ins A2008-29 amdt 1.10\ndef fit for human consumption ins A2008-29 amdt 1.10\ndef food ins A2008-29 amdt 1.10\ndef unsafe ins A2008-29 amdt 1.10\ndef unsuitable ins A2008-29 amdt 1.10\nProtection of food donors from liability\ns 11B orig s 11B renum as s 13\nEffect of apology on liability etc\ns 11C renum as s 14\n\nApologies\npt 2.3 hdg orig pt 2.3 hdg renum as pt 2.4 hdg\n(prev pt 2.2A hdg) ins A2003-35 s 5\nApplication—pt 2.3\ns 12 orig s 12 renum as s 15\n(prev s 11A) ins A2003-35 s 5\nam A2016-12 amdt 3.1; pars renum R60 LA\nMeaning of apology in pt 2.3\ns 13 orig s 13 renum as s 16\n(prev s 11B) ins A2003-35 s 5\nEffect of apology on liability etc\ns 14 orig s 14 renum as s 17\n(prev s 11C) ins A2003-35 s 5\nSurvival of actions on death\npt 2.4 hdg orig pt 2.4 hdg renum as pt 2.5 hdg\n(prev pt 2.3 hdg) renum R9 LA (see A2003-35 s 55)\nEffect of death on certain causes of action\ns 15 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 15 orig s 15 renum as s 18\n(prev s 12) renum R9 LA (see A2003-35 s 55)\nDamages in surviving cause of action\ns 16 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 16 orig s 16 renum as s 19\n(prev s 13) renum R9 LA (see A2003-35 s 55)\nam A2007-22 amdt 1.3, amdt 1.4; ss renum R33 LA\nIf person liable dies before or at time of damage\ns 17 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 17 orig s 17 renum as s 20\n(prev s 14) renum R9 LA (see A2003-35 s 55)\nSaving of rights additional to pt 2.4\ns 18 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 18 orig s 18 renum as s 21\n(prev s 15) renum R9 LA (see A2003-35 s 55)\nam A2008-1 amdt 1.2; A2019-12 amdt 3.7\nProceedings against and contributions between wrongdoers\npt 2.5 hdg (prev pt 2.4 hdg) renum R9 LA (see A2003-35 s 55)\n\nDefinitions—pt 2.5\ns 19 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 19 orig s 19 renum as s 22\n(prev s 16) renum R9 LA (see A2003-35 s 55)\nEach of several wrongdoers can be sued\ns 20 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 20 orig s 20 renum as s 23\n(prev s 17) renum R9 LA (see A2003-35 s 55)\nRight of contribution\ns 21 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 21 orig s 21 renum as s 24\n(prev s 18) renum R9 LA (see A2003-35 s 55)\nEffect of pt 2.5\ns 22 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 22 orig s 22 renum as s 25\n(prev s 19) renum R9 LA (see A2003-35 s 55)\nam A2004-13 amdt 2.15\nDefinitions—pt 3.1\ns 23 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 23 orig s 23 renum as s 26\n(prev s 20) def member am A2003-14 amdt 1.12; pars renum\nR6 LA (see A2003-14 amdt 1.13)\ndef member am A2006-22 amdt 1.24 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.15; A2012-40 amdt 3.23\nLiability for a person’s death\ns 24 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 24 orig s 24 renum as s 27\n(prev s 21) renum R9 LA (see A2003-35 s 55)\nDamages for a person’s death\ns 25 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 25 orig s 25 renum as s 28\n(prev s 22) renum R9 LA (see A2003-35 s 55)\nAmounts not taken into account in assessing damages for death\ns 26 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 26 orig s 26 renum as s 29\n(prev s 23) renum R9 LA (see A2003-35 s 55)\nContributory negligence not defence in relation to death\ns 27 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 27 orig s 27 renum as s 30\n(prev s 24) renum R9 LA (see A2003-35 s 55)\n\nProcedural matters—action for death\ndiv 3.1.3 hdg om A2006-40 amdt 2.61\nOne action for benefit of members of dead person’s family\ns 28 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 28 orig s 28 renum as s 31\n(prev s 25) renum R9 LA (see A2003-35 s 55)\nPayment into court\ns 29 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 29 orig s 29 renum as s 32\n(prev s 26) renum R9 LA (see A2003-35 s 55)\nSpecial endorsement on originating process\ns 30 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 30 orig s 30 renum as s 33\n(prev s 27) renum R9 LA (see A2003-35 s 55)\nMental harm—duty of care\ns 30A renum as s 34\nMental harm—damages\ns 30B renum as s 35\nPowers of court to make orders in relation to actions\ns 31 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 31 orig s 31 renum as s 36\n(prev s 28) renum R9 LA (see A2003-35 s 55)\nMeaning of act of terrorism for pt 3.3\ns 31A renum as s 37\nLimitation of liability for acts of terrorism\ns 31B renum as s 38\nExpiry of pt 3.3\ns 31C renum as s 39\nNegligence\nch 3A hdg renum as ch 4 hdg\nPreliminary\npt 3A.1 hdg renum as pt 4.1 hdg\nDefinitions—ch 3A\ns 31D renum as s 40\nApplication—ch 3A\ns 31DA renum as s 41\n\nDuty of care\npt 3A.2 hdg renum as pt 4.2 hdg\nStandard of care\ns 31E renum as s 42\nPrecautions against risk—general principles\ns 31F renum as s 43\nPrecautions against risk—other principles\ns 31G renum as s 44\nCausation\npt 3A.3 hdg renum as pt 4.3 hdg\ns 31H renum as s 45\nBurden of proof\ns 31I renum as s 46\nOther provisions—negligence\npt 3A.4 hdg renum as pt 4.4 hdg\nContributory negligence can defeat claim\ns 31J renum as s 47\nRemedy available if claim fraudulent\ns 31K renum as s 48\nPersonal injuries claims—pre-court procedures\nch 3B hdg renum as ch 5 hdg\nPreliminary\npt 3B.1 hdg renum as pt 5.1 hdg\nDefinitions—ch 3B\ns 31N renum as s 49\nApplication—ch 3B\ns 31NA renum as s 50\nClaims procedures\npt 3B.2 hdg renum as pt 5.2 hdg\nNotice of claim\ns 31O renum as s 51\nPreliminary response to claimant\ns 31P renum as s 52\nAcknowledgment that proper respondent not admission of liability\ns 31Q renum as s 53\n\nRespondent’s response to notice of claim\ns 31R renum as s 54\nClaimant may add later respondents\ns 31S renum as s 55\nMultiple respondents\ns 31T renum as s 56\nRespondent may add someone else as contributor\ns 31U renum as s 57\nContributor’s response\ns 31V renum as s 58\nClaimant’s failure to give complying notice of claim\ns 31W renum as s 59\nLegal disabilities\ns 31X renum as s 60\nRespondent must attempt to resolve claim\ns 31Y renum as s 61\nConsequences of non-compliance with pt 3B.2\ns 31Z renum as s 62\nObligations of parties to give documents and information\npt 3B.3 hdg renum as pt 5.3 hdg\nPurpose—pt 3B.3\ns 31ZA renum as s 63\nClaimant to give documents etc to respondent\ns 31ZB renum as s 64\nRespondent and claimant may jointly arrange for expert report\ns 31ZC renum as s 65\nCost of expert report obtained by agreement\ns 31ZD renum as s 66\nExamination by expert if no agreement\ns 31ZE renum as s 67\nRespondent to give documents etc to claimant\ns 31ZF renum as s 68\nRespondent to give documents etc to contributor\ns 31ZG renum as s 69\nContributor to give documents to respondent\ns 31ZH renum as s 70\n\nAlternative provision if more than 200 pages\ns 31ZI renum as s 71\nOther provisions—pre-court procedures\npt 3B.4 hdg renum as pt 5.4 hdg\nNondisclosure of documents etc—client legal privilege\ns 31ZJ renum as s 72\nNondisclosure of documents etc—suspected fraud\ns 31ZK renum as s 73\nOffence not to disclose particular material\ns 31ZL renum as s 74\nConsequences of failure to give document\ns 31ZM renum as s 75\nPrivilege generally for documents etc\ns 31ZN renum as s 76\nNo requirement to give documents etc if already in other party’s possession\ns 31ZO renum as s 77\nCourt’s power to enforce compliance with pt 3B.2 and pt 3B.3\ns 31ZP renum as s 78\nNeed for urgent proceeding\ns 31ZQ renum as s 79\nFalse or misleading statements\ns 31ZR renum as s 80\nExpert medical evidence\nch 3C hdg renum as ch 6 hdg\nPurpose of ch 3C\ns 31ZT renum as s 81\nDefinitions for ch 3C\ns 31ZU renum as s 82\nApplication of ch 3C\ns 31ZV renum as s 83\nLimitation on expert medical evidence\ns 31ZW renum as s 84\nAgreed expert\ns 31ZX renum as s 85\nAppointed expert\ns 31ZY renum as s 86\n\nRole of expert\ns 31ZYA renum as s 87\nDocuments etc to be given to expert\ns 31ZZ renum as s 88\nIf agreed or appointed expert unavailable\ns 31ZZA renum as s 89\nCosts of experts\ns 31ZZB renum as s 90\nRules etc to make further provision\ns 31ZZC renum as s 91\nMental harm\npt 3.2 hdg sub A2003-35 s 8\nDefinitions—pt 3.2\ns 32 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 32 orig s 32 renum as s 92\n(prev s 29) renum R9 LA (see A2003-35 s 55)\ndef consequential mental harm ins A2003-35 s 9\ndef family member am A2003-14 amdt 1.14; pars renum\nR6 LA (see A2003-14 amdt 1.15)\ndef mental harm ins A2003-35 s 9\ndef negligence ins A2003-35 s 9\ndef pure mental harm ins A2003-35 s 9\nPersonal injury arising from mental or nervous shock\ns 33 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 33 orig s 33 renum as s 93\n(prev s 30) renum R9 LA (see A2003-35 s 55)\nMental harm—duty of care\ns 34 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 34 orig s 34 renum as s 94\n(prev s 30A) ins A2003-35 s 10\nMental harm—damages\ns 35 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 35 orig s 35 renum as s 95\n(prev s 30B) ins A2003-35 s 10\nExtensions of liability under pt 3.2 in certain cases\ns 36 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 36 orig s 36 renum as s 96\n(prev s 31) am A2003-14 amdt 1.16; A2003-35 s 11\n\nExclusion of liability for terrorism-associated risks\npt 3.3 hdg ins A2003-6 s 4\nsub A2018-42 amdt 3.30\nMeaning of act of terrorism for pt 3.3\ns 37 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 37 orig s 37 renum as s 97\n(prev s 31A) ins A2003-6 s 4\nLimitation of liability for acts of terrorism\ns 38 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 38 orig s 38 renum as s 98\n(prev s 31B) ins A2003-6 s 4\nam A2004-32 s 62; A2008-1 amdt 1.3; A2019-12 amdt 3.8\nTariffs for damages for non-economic loss\ns 38A renum as s 99\nExpiry of pt 3.3\ns 39 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 39 orig s 39 renum as s 100\n(prev s 31C) ins A2003-6 s 4\nom A2004-32 s 63\nNegligence\nch 4 hdg orig ch 4 hdg renum as ch 7 hdg\n(prev ch 3A hdg) ins A2003-35 s 12\nPreliminary—negligence\npt 4.1 hdg orig pt 4.1 hdg renum as pt 7.1 hdg\n(prev pt 3A.1 hdg) ins A2003-35 s 12\nDefinitions—ch 4\ns 40 orig s 40 renum as s 101\n(prev s 31D) ins A2003-35 s 12\ndef harm ins A2003-35 s 12\ndef negligence ins A2003-35 s 12\nApplication—ch 4\ns 41 orig s 41 renum as s 102\n(prev s 31DA) ins A2003-35 s 12\n\nDuty of care\npt 4.2 hdg orig pt 4.2 hdg renum as pt 7.2 hdg\n(prev pt 3A.2 hdg) ins A2003-35 s 12\nStandard of care\ns 42 orig s 42 renum as s 103\n(prev s 31E) ins A2003-35 s 12\nPrecautions against risk—general principles\ns 43 orig s 43 renum as s 104\n(prev s 31F) ins A2003-35 s 12\nPrecautions against risk—other principles\ns 44 orig s 44 renum as s 105\n(prev s 31G) ins A2003-35 s 12\nCausation\npt 4.3 hdg orig pt 4.3 hdg renum as pt 7.3 hdg\n(prev pt 3A.3 hdg) ins A2003-35 s 12\ns 45 orig s 45 renum as s 106\n(prev s 31H) ins A2003-35 s 12\nam A2017-4 amdt 3.25\nBurden of proof\ns 46 orig s 46 renum as s 107\n(prev s 31I) ins A2003-35 s 12\nrenum R9 LA (see A2003-35 s 55); A2019-12 amdt 3.9\nLiability of public and other authorities\nch 4A hdg renum as ch 8 hdg\nApplication—ch 4A\ns 46A renum as s 108\nDefinitions—ch 4A\ns 46B renum as s 109\nPrinciples about resources, responsibilities etc of public or other authorities\ns 46C renum as s 110\nProceedings against public or other authorities based on breach of statutory\nduty\ns 46D renum as s 111\n\nWhen public or other authority not liable for failure to exercise regulatory\nfunctions\ns 46E renum as s 112\nSpecial nonfeasance protection in relation to roads etc\ns 46F renum as s 113\nExercise of function or decision to exercise does not create duty\ns 46G renum as s 114\nOther provisions—negligence\npt 4.4 hdg orig pt 4.4 hdg renum as pt 7.4 hdg\n(prev pt 3A.4 hdg ins A2003-35 s 12\nContributory negligence can defeat claim\ns 47 orig s 47 renum as s 115\n(prev s 31J) ins A2003-35 s 12\nRemedy available if claim fraudulent\ns 48 orig s 48 renum as s 116\n(prev s 31K) ins A2003-35 s 12\nPersonal injuries claims—pre-court procedures\nch 5 hdg orig ch 5 hdg renum as ch 9 hdg\n(prev ch 3B hdg) ins A2003-35 s 13\nPreliminary—ch 5\npt 5.1 hdg orig pt 5.1 hdg renum as pt 9.1 hdg\n(prev pt 3B.1 hdg) ins A2003-35 s 13\nDefinitions—ch 5\ns 49 orig s 49 renum as s 117\n(prev s 31N) ins A2003-35 s 13\ndef claim ins A2003-35 s 13\ndef claimant ins A2003-35 s 13\ndef complying notice of claim ins A2003-35 s 13\ndef contribution notice ins A2003-35 s 13\ndef contributor ins A2003-35 s 13\ndef court ins A2003-35 s 13\ndef insurer ins A2003-35 s 13\ndef party ins A2003-35 s 13\ndef respondent ins A2003-35 s 13\n\nApplication—ch 5\ns 50 orig s 50 renum as s 118\n(prev s 31NA) ins A2003-35 s 13\nam A2005-43 amdt 1.2, amdt 1.3; A2005-60 amdt 1.11;\nA2008-1 amdt 1.4, amdt 1.5, A2019-12 amdt 3.10, amdt 3.11\nClaims procedures\npt 5.2 hdg orig pt 5.2 hdg renum as ch 9.2 hdg\n(prev pt 3B.2 hdg ins A2003-35 s 13\nNotice of claim\ns 51 orig s 51 renum as s 119\n(prev s 31O) ins A2003-35 s 13\nam A2005-5 s 10; A2005-43 amdts 1.4-1.8; A2016-53 ss 4-7;\nss renum R61 LA; A2017-14 ss 5-8; A2019-12 amdt 3.12,\namdt 3.13; ss renum R68 LA; A2022-21 s 5; A2025-29\namdt 4.29\nMotor accident claims—respondent to identify and notify others\ns 51A ins A2019-12 amdt 3.14\nPreliminary response to claimant\ns 52 orig s 52 renum as s 120\n(prev s 31P) ins A2003-35 s 13\nAcknowledgment that proper respondent not admission of liability\ns 53 orig s 53 renum as s 121\n(prev s 31Q) ins A2003-35 s 13\nRespondent’s response to notice of claim\ns 54 orig s 54 renum as s 122\n(prev s 31R) ins A2003-35 s 13\nClaimant may add later respondents\ns 55 orig s 55 renum as s 123\n(prev s 31S) ins A2003-35 s 13\nam A2024-49 s 4, s 5\nMultiple respondents\ns 56 orig s 56 renum as s 124\n(prev s 31T) ins A2003-35 s 13\nam A2019-12 amdt 3.15, amdt 3.16; ss renum R68 LA\n\nRespondent may add someone else as contributor\ns 57 orig s 57 renum as s 125\n(prev s 31U) ins A2003-35 s 13\nam A2019-12 amdt 3.17; ss renum R68 LA; A2024-49 ss 6-9\nContributor’s response\ns 58 orig s 58 renum as s 126\n(prev s 31V) ins A2003-35 s 13\nam A2013-44 amdt 3.27; A2016-18 amdt 3.43\nClaimant’s failure to give complying notice of claim\ns 59 orig s 59 renum as s 127\n(prev s 31W) ins A2003-35 s 13\nLegal disabilities\ns 60 orig s 60 renum as s 128\n(prev s 31X) ins A2003-35 s 13\nRespondent must attempt to resolve claim\ns 61 orig s 61 renum as s 129\n(prev s 31Y) ins A2003-35 s 13\nConsequences of non-compliance with pt 3B.2\ns 62 orig s 62 renum as s 130\n(prev s 31Z) ins A2003-35 s 13\nObligations of parties to give documents and information\npt 5.3 hdg orig pt 5.3 hdg renum as pt 9.3 hdg\n(prev pt 3B.3 hdg) ins A2003-35 s 13\nPurpose—pt 5.3\ns 63 orig s 63 renum as s 131\n(prev s 31ZA) ins A2003-35 s 13\nClaimant to give documents etc to respondent\ns 64 orig s 64 renum as s 132\n(prev s 31ZB) ins A2003-35 s 13\nam A2013-44 amdt 3.27; A2016-18 amdt 3.44; A2019-12\namdts 3.18-3.20\n\nRespondent and claimant may jointly arrange for expert report\ns 65 orig s 65 renum as s 133\n(prev s 31ZC) ins A2003-35 s 13\nCost of expert report obtained by agreement\ns 66 orig s 66 renum as s 134\n(prev s 31ZD) ins A2003-35 s 13\nExamination by expert if no agreement\ns 67 orig s 67 renum as s 135\n(prev s 31ZE) ins A2003-35 s 13\nRespondent to give documents etc to claimant\ns 68 orig s 68 renum as s 136\n(prev s 31ZF) ins A2003-35 s 13\nam A2004-32 s 64; A2013-44 amdt 3.27; A2016-18 amdt 3.45;\nA2019-12 amdt 3.21, amdt 3.22\nRespondent to give documents etc to contributor\ns 69 orig s 69 renum as s 137\n(prev s 31ZG) ins A2003-35 s 13\nam A2019-12 amdts 3.23-3.26\nContributor to give documents to respondent\ns 70 orig s 70 renum as s 138\n(prev s 31ZH) ins A2003-35 s 13\nam A2019-12 amdt 3.27, amdt 3.28\nAlternative provision if more than 200 pages\ns 71 orig s 71 renum as s 139\n(prev s 31ZI) ins A2003-35 s 13\nOther provisions—pre-court procedures\npt 5.4 hdg orig pt 5.4 hdg renum as pt 9.4 hdg\n(prev pt 3B.4 hdg) ins A2003-35 s 13\nNondisclosure of documents etc—client legal privilege\ns 72 orig s 72 renum as s 140\n(prev s 31ZJ) ins A2003-35 s 13\n\nNondisclosure of documents etc—suspected fraud\ns 73 orig s 73 renum as s 141\n(prev s 31ZK) ins A2003-35 s 13\nOffence—failure to give document, film or information\ns 74 orig s 74 renum as s 142\n(prev s 31ZL) ins A2003-35 s 13\nsub A2019-12 amdt 3.29\nConsequences of failure to give document\ns 75 orig s 75 renum as s 143\n(prev s 31ZM) ins A2003-35 s 13\nPrivilege generally for documents etc\ns 76 orig s 76 renum as s 144\n(prev s 31ZN) ins A2003-35 s 13\nNo requirement to give documents etc if already in other party’s possession\ns 77 orig s 77 renum as s 145\n(prev s 31ZO) ins A2003-35 s 13\nCourt’s power to enforce compliance with pt 5.2 and pt 5.3\ns 78 orig s 78 renum as s 146\n(prev s 31ZP) ins A2003-35 s 13\nNeed for urgent proceeding\ns 79 orig s 79 renum as s 147\n(prev s 31ZQ) ins A2003-35 s 13\nFalse or misleading statements\ns 80 orig s 80 renum as s 148\n(prev s 31ZR) ins A2003-35 s 13\nExpert medical evidence\nch 6 hdg orig ch 6 hdg renum as ch 10 hdg\n(prev ch 3C hdg) ins A2003-35 s 14\n\nPurpose—ch 6\ns 81 orig s 81 renum as s 149\n(prev s 31ZT) ins A2003-35 s 14\nDefinitions—ch 6\ns 82 orig s 82 renum as s 150\n(prev s 31ZU) ins A2003-35 s 14\ndef agreed expert ins A2003-35 s 14\ndef appointed expert ins A2003-35 s 14\ndef claim ins A2003-35 s 14\ndef evidence ins A2003-35 s 14\ndef expert ins A2003-35 s 14\ndef expert medical evidence ins A2003-35 s 14\ndef medical issue ins A2003-35 s 14\nApplication—ch 6\ns 83 orig s 83 renum as s 151\n(prev s 31ZV) ins A2003-35 s 14\nam A2008-1 amdt 1.6\nLimitation on expert medical evidence\ns 84 orig s 84 renum as s 152\n(prev s 31ZW) ins A2003-35 s 14\nam A2007-22 amdt 1.5; A2010-10 amdt 2.14\nAgreed expert\ns 85 orig s 85 renum as s 153\n(prev s 31ZX) ins A2003-35 s 14\n\nAppointed expert\ns 86 orig s 86 renum as s 154\n(prev s 31ZY) ins A2003-35 s 14\nRole of expert\ns 87 orig s 87 om LA s 89 (3)\n(prev s 31ZYA) ins A2003-35 s 14\nDocuments etc to be given to expert\ns 88 orig s 88 renum as s 155\n(prev s 31ZZ) ins A2003-35 s 14\nIf agreed or appointed expert unavailable\ns 89 orig s 89 renum as s 156\n(prev s 31ZZA) ins A2003-35 s 14\nCosts of experts\ns 90 orig s 90 renum as s 157\n(prev s 31ZZB) ins A2003-35 s 14\nRules etc to make further provision\ns 91 orig s 91 renum as s 158\n(prev s 31ZZC) ins A2003-35 s 14\nom A2004-60 amdt 1.32\nDamages\nch 7 hdg orig ch 7 hdg renum as ch 11 hdg\n(prev ch 4 hdg) renum R9 LA (see A2003-35 s 55)\nDamages for personal injuries—exclusions and limitations\npt 7.1 hdg orig pt 7.1 hdg renum as pt 11.1 hdg\n(prev pt 4.1 hdg) sub A2003-35 s 15\n\nDefinitions—pt 7.1\ns 92 orig s 92 renum as s 159\n(prev s 32) def accident om A2003-35 s 16\ndef motor accident om A2003-35 s 16\ndef motor vehicle om A2003-35 s 16\ndef personal injury om A2003-35 s 16\nApplication—pt 7.1\ns 93 orig s 93 renum as s 160\n(prev s 33) renum R9 LA (see A2003-35 s 55)\nam A2008-1 amdt 1.7; A2019-12 amdt 3.30\nExclusion of liability if conduct an offence\ns 94 orig s 94 renum as s 161\n(prev s 34) renum R9 LA (see A2003-35 s 55)\nPresumption of contributory negligence—injured person intoxicated\ns 95 orig s 95 renum as s 162\n(prev s 35) renum R9 LA (see A2003-35 s 55)\nam A2019-12 amdt 3.31\nPresumption of contributory negligence—injured person relying on\nintoxicated person\ns 96 orig s 96 renum as s 163\n(prev s 36) renum R9 LA (see A2003-35 s 55)\nPresumption of contributory negligence—injured person not wearing\nseatbelt etc\ns 97 orig s 97 renum as s 164\n(prev s 37) renum R9 LA (see A2003-35 s 55)\nam A2007-22 amdt 1.6\nDamages for loss of earnings\ns 98 orig s 98 renum as s 165\n(prev s 38) renum R9 LA (see A2003-35 s 55)\nam A2003-41 amdt 3.19, amdt 3.20; A2013-44 amdt 3.28;\nA2014-17 amdt 1.20\nTariffs for damages for non-economic loss\ns 99 orig s 99 renum as s 166\n(prev s 38A) ins A2003-35 s 17\nam A2012-48 amdt 1.1; A2019-12 amdt 3.32\nLoss of capacity to perform domestic services\npt 7.2 hdg orig pt 7.2 hdg renum as pt 11.2 hdg\n(prev pt 4.2 hdg) renum R9 LA (see A2003-35 s 55)\n\nDamages for loss of capacity to perform domestic services\ns 100 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 100 orig s 100 renum as s 167\n(prev s 39) renum R9 LA (see A2003-35 s 55)\nContributory negligence\npt 7.3 hdg orig pt 7.3 hdg renum as pt 11.3 hdg\n(prev pt 4.3 hdg) renum R9 LA (see A2003-35 s 55)\nDefinitions—pt 7.3\ns 101 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 101 orig s 101 renum as s 168\n(prev s 40) renum R9 LA (see A2003-35 s 55)\nApportionment of liability—contributory negligence\ns 102 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 102 orig s 102 renum as s 169\n(prev s 41) renum R9 LA (see A2003-35 s 55)\nJoint wrongdoers\ns 103 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 103 orig s 103 renum as s 170\n(prev s 42) renum R9 LA (see A2003-35 s 55)\nClaims by third parties—contributory negligence\ns 104 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 104 orig s 104 renum as s 171\n(prev s 43) renum R9 LA (see A2003-35 s 55)\nPleading of statutory limitation period—contributory negligence\ns 105 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 105 orig s 105 renum as s 172\n(prev s 44) renum R9 LA (see A2003-35 s 55)\nOther provisions—damages\npt 7.4 hdg orig pt 7.4 hdg renum as pt 11.4 hdg\n(prev pt 4.4 hdg) renum R9 LA (see A2003-35 s 55)\nCourt may make consent order for structured settlement\ns 106 orig s 106 renum as s 173\n(prev s 45) renum R9 LA (see A2003-35 s 55)\nIndependent finding of liability and award of damages\ns 107 orig s 107 renum as s 174\n(prev s 46) renum R9 LA (see A2003-35 s 55)\nProportionate liability\nch 7A hdg ins A2004-68 s 4\n\nDefinitions—ch 7A\ns 107A ins A2004-68 s 4\ndef apportionable ins A2004-68 s 4\ndef concurrent wrongdoer ins A2004-68 s 4\ndef defendant ins A2004-68 s 4\nApplication of ch 7A—apportionable claims\ns 107B ins A2004-68 s 4\nam A2008-1 amdt 1.8; A2010-54 amdt 3.8; A2019-12\namdt 3.33\nMeaning of consumer claim—ch 7A\ns 107C sub A2017-4 amdt 3.17\ns 107C ins A2004-68 s 4\nam A2010-54 amdt 3.9\nConcurrent wrongdoers\ns 107D ins A2004-68 s 4\nCertain wrongdoers not to have benefit of apportionment\ns 107E ins A2004-68 s 4\nProportionate liability for apportionable claims\ns 107F ins A2004-68 s 4\nDefendant to tell claimant about concurrent wrongdoers\ns 107G ins A2004-68 s 4\nam A2013-44 amdt 3.29\nContribution not recoverable from defendant\ns 107H ins A2004-68 s 4\nSubsequent proceeding by claimant\ns 107I ins A2004-68 s 4\nIncluding non-party concurrent wrongdoer\ns 107J ins A2004-68 s 4\nsub A2006-40 amdt 2.63\nCh 7A does not affect certain other liability\ns 107K ins A2004-68 s 4\nLiability of public and other authorities\nch 8 hdg orig ch 8 hdg renum as ch 12 hdg\n(prev ch 4A hdg) ins A2003-35 s 19\nApplication—ch 8\ns 108 orig s 108 renum as s 175\n(prev s 46A) ins A2003-35 s 19\nam A2008-1 amdt 1.9; A2019-12 amdt 3.33\n\nDefinitions—ch 8\ns 109 orig s 109 renum as s 176\n(prev s 46B) ins A2003-35 s 19\ndef duty of care ins A2003-35 s 19\ndef public or other authority ins A2003-35 s 19\nPrinciples about resources, responsibilities etc of public or other authorities\ns 110 orig s 110 renum as s 177\n(prev s 46C) ins A2003-35 s 19\nProceedings against public or other authorities based on breach of statutory\nduty\ns 111 orig s 111 renum as s 178\n(prev s 46D) ins A2003-35 s 19\nWhen public or other authority not liable for failure to exercise regulatory\nfunctions\ns 112 orig s 112 renum as s 179\n(prev s 46E) ins A2003-35 s 19\nSpecial nonfeasance protection in relation to roads etc\ns 113 orig s 113 renum as s 180\n(prev s 46F) ins A2003-35 s 19\nExercise of function or decision to exercise does not create duty\ns 114 orig s 114 renum as s 181\n(prev s 46G) ins A2003-35 s 19\nInstitutional child abuse\nch 8A hdg ins A2018-38 s 4\nDefinitions and application—ch 8A\npt 8A.1 hdg ins A2022-21 s 6\nMeaning of child abuse claim\ns 114A ins A2018-38 s 4\nsub A2022-21 s 6\nMeaning of child abuse—ch 8A\ns 114AA ins A2022-21 s 6\nMeaning of related trust—ch 8A\ns 114B ins A2018-38 s 4\nTime when child abuse etc happens\ns 114BA ins A2022-21 s 7\n\nLiability of organisations\npt 8A.1A hdg ins A2025-32 s 4\nDefinitions—pt 8A.1A\ns 114BB ins A2025-32 s 4\ndef employee ins A2025-32 s 4\ndef organisation ins A2025-32 s 4\ndef responsible ins A2025-32 s 4\nMeaning of employee—pt 8A.1A\ns 114BC ins A2025-32 s 4\nOrganisations that are responsible for child\ns 114BD ins A2025-32 s 4\nOrganisations vicariously liable for child abuse perpetrated by employees\ns 114BE ins A2025-32 s 4\nInstitutional child abuse—proceedings against unincorporated bodies\npt 8A.2 hdg ins A2022-21 s 7\nUnincorporated bodies\ns 114C ins A2018-38 s 4\nam A2022-21 s 8\nUnincorporated body may nominate defendant\ns 114D ins A2018-38 s 4\nCourt may appoint related trust as defendant\ns 114E ins A2018-38 s 4\nProceedings may be commenced before nomination or appointment\ns 114F ins A2018-38 s 4\nLiability of trustee if nominated or appointed as defendant\ns 114G ins A2018-38 s 4\nam A2022-21 s 8\nDefendant may rely on defences and immunities etc\ns 114H ins A2018-38 s 4\nInstitutional child abuse—setting aside abuse settlement agreements\npt 8A.3 hdg ins A2022-21 s 9\nObject—pt 8A.3\ns 114I ins A2022-21 s 9\nDefinitions—pt 8A.3\ns 114J ins A2022-21 s 9\ndef abuse settlement agreement ins A2022-21 s 9\nam A2025-32 s 5\ndef applicant ins A2022-21 s 9\n\nCourt may set aside abuse settlement agreement\ns 114K ins A2022-21 s 9\nCourt may also set aside other things\ns 114L ins A2022-21 s 9\nEffect of setting aside abuse settlement agreement\ns 114M ins A2022-21 s 9\nDefamation\nch 9 hdg orig ch 9 hdg renum as ch 13 hdg\n(prev ch 5 hdg) renum R9 LA (see A2003-35 s 55)\nPreliminary—defamation\npt 9.1 hdg (prev pt 5.1 hdg) renum R9 LA (see A2003-35 s 55)\nObjects—ch 9\ns 115 orig s 115 renum as s 182\n(prev s 47) renum R9 LA (see A2003-35 s 55)\ndef action om A2006-1 s 4\ndef aggrieved person om A2006-1 s 4\ndef amends agreement om A2006-1 s 4\ndef country om A2006-1 s 4\ndef court om A2006-1 s 4\ndef defamation om A2006-1 s 4\ndef matter in question om A2006-1 s 4\ndef offer to make amends om A2006-1 s 4\ndef parliamentary body om A2006-1 s 4\ndef published matter om A2006-1 s 4\ndef publisher om A2006-1 s 4\ndef qualified offer om A2006-1 s 4\ndef tribunal om A2006-1 s 4\nDefinitions—ch 9\ns 116 orig s 116 renum as s 183\n(prev s 48) renum R9 LA (see A2003-35 s 55)\ndef access prevention step ins A2024-19 s 4\ndef aggrieved person ins A2006-1 s 4\nsub A2021-15 s 4\ndef applicable period ins A2021-15 s 5\ndef associated entity ins A2021-15 s 5\ndef Australian court ins A2006-1 s 4\ndef Australian jurisdiction ins A2006-1 s 4\nsub A2006-40 amdt 1.2\ndef Australian tribunal ins A2006-1 s 4\ndef caching service ins A2024-19 s 4\n\ndef concerns notice ins A2021-15 s 5\ndef conduit service ins A2024-19 s 4\ndef country ins A2006-1 s 4\ndef digital intermediary ins A2024-19 s 4\ndef digital matter ins A2024-19 s 4\ndef document ins A2006-1 s 4\ndef electronic communication ins A2006-1 s 4\ndef excluded corporation ins A2021-15 s 5\ndef further particulars notice ins A2021-15 s 5\ndef general law ins A2006-1 s 4\ndef matter ins A2006-1 s 4\ndef matter in question ins A2006-1 s 4\nsub A2021-15 s 6\ndef offer to make amends ins A2006-1 s 4\ndef online service ins A2024-19 s 4\ndef parliamentary body ins A2006-1 s 4\ndef poster ins A2024-19 s 4\ndef publisher ins A2006-1 s 4\nsub A2021-15 s 6\ndef search engine ins A2024-19 s 4\ndef search engine provider ins A2024-19 s 4\ndef search result ins A2024-19 s 4\ndef storage service ins A2024-19 s 4\ndef substantially true ins A2006-1 s 4\ndef this jurisdiction ins A2006-1 s 4\nCh 9 binds Crown\ns 117 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 117 orig s 117 renum as s 184\n(prev s 49) renum R9 LA (see A2003-35 s 55)\npt 9.2 hdg (prev pt 5.2 hdg) renum R9 LA (see A2003-35 s 55)\nDefamation and the general law\ndiv 9.2.1 hdg ins A2006-1 s 4\nTort of defamation\ns 118 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 118 orig s 118 renum as s 185\n(prev s 50) renum R9 LA (see A2003-35 s 55)\nDefinitions—pt 10.2\ns 118A renum as s 186\nApplication—pt 10.2\ns 118B renum as s 187\n\nCertificate that claim or defence has reasonable prospects of success\ns 118C renum as s 188\nCosts order against lawyer acting without reasonable prospects of success\ns 118D renum as s 189\nOnus on lawyer to show facts provided reasonable prospects of success\ns 118E renum as s 190\nDistinction between slander and libel abolished\ns 119 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 119 orig s 119 renum as s 191\n(prev s 51) renum R9 LA (see A2003-35 s 55)\nCauses of action for defamation\ndiv 9.2.2 hdg ins A2006-1 s 4\nSingle cause of action for multiple defamatory imputations in same matter\ns 120 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 120 orig s 120 renum as s 192\n(prev s 52) renum R9 LA (see A2003-35 s 55)\nWho can be a mediator\ns 120A renum as s 193\nCertain corporations do not have cause of action for defamation\ns 121 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 121 orig s 121 renum as s 194\n(prev s 53) renum R9 LA (see A2003-35 s 55)\nam A2021-15 ss 7-9\nNo cause of action for defamation of, or against, deceased persons\ns 122 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 122 orig s 122 renum as s 195\n(prev s 54) renum R9 LA (see A2003-35 s 55)\nam A2021-15 s 10\nSerious harm element of cause of action for defamation\ns 122A ins A2021-15 s 11\nExemptions from liability for digital intermediaries\ndiv 9.2.2A hdg ins A2024-19 s 5\n\nDefinitions—div 9.2.2A\ns 122B ins A2024-19 s 5\ndef caching service ins A2024-19 s 5\ndef conduit service ins A2024-19 s 5\ndef search engine ins A2024-19 s 5\ndef search engine provider ins A2024-19 s 5\ndef search result ins A2024-19 s 5\ndef storage service ins A2024-19 s 5\nExemption for digital intermediaries providing caching, conduit or storage\ns 122C ins A2024-19 s 5\nExemption for search engine providers\ns 122D ins A2024-19 s 5\nEarly determination of digital intermediary exemptions\ns 122E ins A2024-19 s 5\nChoice of law\ndiv 9.2.3 hdg ins A2006-1 s 4\nChoice of law for defamation proceedings\ns 123 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 123 orig s 123 renum as s 196\n(prev s 55) renum R9 LA (see A2003-35 s 55)\nam A2006-40 amdt 1.3\nResolution of civil disputes without litigation\npt 9.3 hdg (prev pt 5.3 hdg) renum R9 LA (see A2003-35 s 55)\nConcerns notices and offers to make amends\ndiv 9.3.1 hdg ins A2006-1 s 4\nsub A2021-15 s 12\nApplication—div 9.3.1\ns 124 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 124 orig s 124 renum as s 197\n(prev s 56) renum R9 LA (see A2003-35 s 55)\nConcerns notices\ns 124A orig s 124A renum as s 198\npres s 124A ins A2021-15 s 13\nDefamation proceedings cannot be commenced without concerns notice\ns 124B ins A2021-15 s 13\n\nPublisher may make offer to make amends\ns 125 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 125 orig s 125 renum as s 199\n(prev s 57) renum R9 LA (see A2003-35 s 55)\nWhen offer to make amends may be made\ns 126 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 126 orig s 126 renum as s 200\n(prev s 58) renum R9 LA (see A2003-35 s 55)\nsub A2006-1 s 4; A2021-15 s 14\nContent of offer to make amends\ns 127 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 127 orig s 127 renum as s 201\n(prev s 59) renum R9 LA (see A2003-35 s 55)\nam A2017-4 amdt 3.25; A2021-15 ss 15-19; A2024-19 s 6, s 7\nWithdrawal of offer to make amends\ns 128 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 128 orig s 128 renum as s 202\n(prev s 60) renum R9 LA (see A2003-35 s 55)\nEffect of acceptance of offer to make amends\ns 129 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 129 orig s 129 renum as s 203\n(prev s 61) renum R9 LA (see A2003-35 s 55)\nEffect of failure to accept reasonable offer to make amends\ns 130 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 130 orig s 130 renum as s 204\n(prev s 62) renum R9 LA (see A2003-35 s 55)\nam A2021-15 s 20, s 21\nInadmissibility of evidence of certain statements and admissions\ns 131 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 131 orig s 131 renum as s 205\n(prev s 63) renum R9 LA (see A2003-35 s 55)\nApologies\ndiv 9.3.2 hdg ins A2006-1 s 4\n\nEffect of apology on liability for defamation\ns 132 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 132 orig s 132 renum as s 206\n(prev s 64) renum R9 LA (see A2003-35 s 55)\nLitigation of civil disputes\npt 9.4 hdg (prev pt 5.4 hdg) renum R9 LA (see A2003-35 s 55)\nGeneral\ndiv 9.4.1 hdg ins A2006-1 s 4\nLeave required for multiple proceedings in relation to publication of same\ndefamatory matter\ns 133 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 133 orig s 133 renum as s 207\n(prev s 65) renum R9 LA (see A2003-35 s 55)\nsub A2006-1 s 4; A2021-15 s 22\nOrders for preliminary discovery about posters of digital matter\ns 133A ins A2024-19 s 8\nDefences\ndiv 9.4.2 hdg ins A2006-1 s 4\nScope of defences under general law and other law not limited\ns 134 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 134 orig s 134 renum as s 208\n(prev s 66) renum R9 LA (see A2003-35 s 55)\nDefence of justification\ns 135 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 135 orig s 135 renum as s 209\n(prev s 67) renum R9 LA (see A2003-35 s 55)\nDefence of contextual truth\ns 136 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 136 orig s 136 renum as s 210\n(prev s 68) renum R9 LA (see A2003-35 s 55)\nsub A2006-1 s 4; A2021-15 s 23\nDefence of absolute privilege\ns 137 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 137 orig s 137 renum as s 211\n(prev s 69) renum R9 LA (see A2003-35 s 55)\nam A2024-19 ss 9-11\n\nDefence for publication of public documents\ns 138 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 138 orig s 138 renum as s 212\n(prev s 70) renum R9 LA (see A2003-35 s 55)\nDefences of fair report of proceedings of public concern\ns 139 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 139 orig s 139 renum as s 213\n(prev s 71) renum R9 LA (see A2003-35 s 55)\nDefence of publication of matter concerning issue of public interest\ns 139AA ins A2021-15 s 24\nDefence of qualified privilege for provision of certain information\ns 139A ins A2006-1 s 4\nam A2021-15 s 25\nDefence of scientific or academic peer review\ns 139AB ins A2021-15 s 26\nDefences of honest opinion\ns 139B ins A2006-1 s 4\nam A2021-15 s 27\nDefence for publications involving digital intermediaries\ns 139BA ins A2024-19 s 12\nDefence of innocent dissemination\ns 139C ins A2006-1 s 4\nDefence of triviality\ns 139D ins A2006-1 s 4\nom A2021-15 s 28\nRemedies\ndiv 9.4.3 hdg ins A2006-1 s 4\nDamages to bear rational relationship to harm\ns 139E ins A2006-1 s 4\nDamages for non-economic loss limited\ns 139F ins A2006-1 s 4\nam A2013-44 amdt 3.30; A2021-15 s 29, s 30; A2025-29\namdt 4.29\nState of mind of defendant generally not relevant to awarding damages\ns 139G ins A2006-1 s 4\nExemplary or punitive damages cannot be awarded\ns 139H ins A2006-1 s 4\n\nFactors in mitigation of damages\ns 139I ins A2006-1 s 4\nDamages for multiple causes of action may be assessed as single sum\ns 139J ins A2006-1 s 4\nOrders against non-party digital intermediaries concerning defamatory\ndigital matter\ns 139JA ins A2024-19 s 13\nCosts\ndiv 9.4.4 hdg ins A2006-1 s 4\nCosts in defamation proceedings\ns 139K ins A2006-1 s 4\nMiscellaneous—ch 9\npt 9.5 hdg ins A2006-1 s 4\nProof of publication\ns 139L ins A2006-1 s 4\nProof of convictions for offences\ns 139M ins A2006-1 s 4\nIncriminating answers, documents or things\ns 139N ins A2006-1 s 4\nam A2013-44 amdt 3.31, amdt 3.32\nGiving of notices and other documents\ns 139O ins A2024-19 s 14\nReview of certain provisions of ch 9\ns 140 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 140 orig s 140 renum as s 214\n(prev s 72) renum R9 LA (see A2003-35 s 55)\nexp 1 January 2005 (s 140 (3))\nTrespass\nch 10 hdg orig ch 10 hdg renum as ch 14 hdg\n(prev ch 6 hdg) renum R9 LA (see A2003-35 s 55)\nDefence to action for trespass to land\ns 141 orig s 141 renum as s 215\n(prev s 73) renum R9 LA (see A2003-35 s 55)\nAction for use and occupation of land—amount of damages\ns 142 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 142 orig s 142 renum as s 216\n(prev s 74) renum R9 LA (see A2003-35 s 55)\n\nMitigation of strict liability\nch 11 hdg orig ch 11 hdg renum as ch 15 hdg\n(prev ch 7 hdg) renum R9 LA (see A2003-35 s 55)\nTraveller accommodation providers liability\npt 11.1 hdg orig pt 11.1 renum as pt 15.1 hdg\n(prev pt 7.1 hdg) renum R9 LA (see A2003-35 s 55)\nPreliminary—pt 11.1\ndiv 11.1.1 hdg (prev div 7.1.1 hdg) renum R9 LA (see A2003-35 s 55)\nPurpose—pt 11.1\ns 143 orig s 143 renum as s 217\n(prev s 75) renum R9 LA (see A2003-35 s 55)\nDefinitions—pt 11.1\ns 144 orig s 144 renum as s 218\n(prev s 76) def motor vehicle om A2003-35 s 20\ndef innkeeper’s liability ins A2017-4 amdt 3.18\nMeaning of traveller accommodation\ns 145 orig s 145 renum as s 219\n(prev s 77) renum R9 LA (see A2003-35 s 55)\nMeaning of accommodation provider\ns 146 orig s 146 renum as s 220\n(prev s 78) renum R9 LA (see A2003-35 s 55)\nAbolition of torts of maintenance and champerty\ns 146A renum as s 221\nMeaning of innkeeper’s liability\ns 147 orig s 147 renum as s 222\n(prev s 79) renum R9 LA (see A2003-35 s 55)\nMeaning of guest\ns 148 orig s 148 renum as s 223\n(prev s 80) renum R9 LA (see A2003-35 s 55)\nMeaning of property of guest\ns 149 orig s 149 om LA s 89 (3)\n(prev s 81) renum R9 LA (see A2003-35 s 55)\nLiability of accommodation providers\ndiv 11.1.2 hdg (prev div 7.1.2 hdg) renum R9 LA (see A2003-35 s 55)\nApplication—div 11.1.2\ns 150 orig s 150 renum as s 224\n(prev s 82) renum R9 LA (see A2003-35 s 55)\n\nLimitation on strict liability under innkeeper’s liability\ns 151 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 151 orig s 151 renum as s 226\n(prev s 83) renum R9 LA (see A2003-35 s 55)\nCircumstances when limitation does not apply\ns 152 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 152 orig s 152 exp 1 January 2003 (s 152 (3) (LA s 88 declaration\napplies))\n(prev s 84) renum R9 LA (see A2003-35 s 55)\nSafe custody facilities\ns 153 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 153 orig s 153 renum as s 216\n(prev s 85) renum R9 LA (see A2003-35 s 55)\nNotice about pt 11.1\ns 154 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 154 orig s 154 renum as s 216\n(prev s 86) renum R9 LA (see A2003-35 s 55)\nCommon carriers\npt 11.2 hdg orig pt 11.2 hdg renum as pt 15.2 hdg\n(prev pt 7.2 hdg) renum R9 LA (see A2003-35 s 55)\nPreliminary—common carriers\ndiv 11.2.1 hdg (prev div 7.2.1 hdg) renum R9 LA (see A2003-35 s 55)\nAbolition of torts of maintenance and champerty—saving of existing rights\nand liabilities\ns 154A renum as s 229\nPurpose—pt 11.2\ns 155 orig s 155 renum as s 231\n(prev s 88) renum R9 LA (see A2003-35 s 55)\nDefinitions—pt 11.2\ns 156 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 156 orig s 156 renum as s 231\n(prev s 89) renum R9 LA (see A2003-35 s 55)\ndef schedule 2 packaged goods am A2017-4 amdt 3.19\nWhen common law liability of carriers not affected\ndiv 11.2.2 hdg (prev div 7.2.2 hdg) renum R9 LA (see A2003-35 s 55)\nCertain things not protected by pt 11.2\ns 157 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 157 (prev s 90) renum R9 LA (see A2003-35 s 55)\nPublic notices by carrier not to affect liability\ns 158 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 158 (prev s 91) renum R9 LA (see A2003-35 s 55)\n\nLiability of common carriers for certain goods worth more than $20\ndiv 11.2.3 hdg (prev div 7.2.3 hdg) renum R9 LA (see A2003-35 s 55)\nLiability of carriers for certain goods worth more than $20\ns 159 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 159 (prev s 92) renum R9 LA (see A2003-35 s 55)\nNotice of increased charge for transport of certain goods\ns 160 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 160 (prev s 93) renum R9 LA (see A2003-35 s 55)\nReceipt of carrier for increased charge\ns 161 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 161 (prev s 94) renum R9 LA (see A2003-35 s 55)\nCarrier only liable for proven amount for certain goods\ns 162 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 162 (prev s 95) renum R9 LA (see A2003-35 s 55)\nLiability of common carriers for certain animals\ndiv 11.2.4 hdg (prev div 7.2.4 hdg) renum R9 LA (see A2003-35 s 55)\nDefinitions—div 11.2.4\ns 163 (prev s 96) renum R9 LA (see A2003-35 s 55)\nLiability of carriers for certain animals\ns 164 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 164 (prev s 97) renum R9 LA (see A2003-35 s 55)\ntable renum R12 LA\nNotice of increased charge for transport of certain animals\ns 165 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 165 (prev s 98) renum R9 LA (see A2003-35 s 55)\nCarrier only liable for proven amount for certain animals\ns 166 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 166 (prev s 99) renum R9 LA (see A2003-35 s 55)\nNotice, condition or declaration of carrier\ndiv 11.2.5 hdg (prev div 7.2.5 hdg) renum R9 LA (see A2003-35 s 55)\nCarrier liable for neglect or default despite notice etc\ns 167 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 167 (prev s 100) renum R9 LA (see A2003-35 s 55)\nOther liability provisions\nch 12 hdg orig ch 12 hdg renum as ch 16 hdg\n(prev ch 8 hdg) renum R9 LA (see A2003-35 s 55)\nOccupiers liability\npt 12.1 hdg (prev pt 8.1 hdg) renum R9 LA (see A2003-35 s 55)\n\nLiability of occupiers\ns 168 (prev s 101) am A2003-35 s 21\nLiability for damage caused by animals\npt 12.2 hdg (prev pt 8.2 hdg) renum R9 LA (see A2003-35 s 55)\nEvidence of breach of duty for animals\ns 169 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 169 (prev s 102) renum R9 LA (see A2003-35 s 55)\nLiability for fires accidentally begun\npt 12.3 hdg (prev pt 8.3 hdg) renum R9 LA (see A2003-35 s 55)\nActions do not lie for damage caused by accidental fires\ns 170 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 170 (prev s 103) renum R9 LA (see A2003-35 s 55)\nContract between landlord and tenant not affected\ns 171 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 171 (prev s 104) renum R9 LA (see A2003-35 s 55)\nMisrepresentation\nch 13 hdg (prev ch 9 hdg) renum R9 LA (see A2003-35 s 55)\nDefinitions—ch 13\ns 172 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 172 (prev s 105) renum R9 LA (see A2003-35 s 55)\nRemoval of certain bars to rescission for misrepresentation\ns 173 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 173 (prev s 106) renum R9 LA (see A2003-35 s 55)\nDamages for misrepresentation\ns 174 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 174 (prev s 107) renum R9 LA (see A2003-35 s 55)\nDamages instead of rescission for misrepresentation\ns 175 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 175 (prev s 108) renum R9 LA (see A2003-35 s 55)\nExclusion clauses—misrepresentation\ns 176 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 176 (prev s 109) renum R9 LA (see A2003-35 s 55)\nMisrepresentation in trade or commerce an offence\ns 177 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 177 (prev s 110) renum R9 LA (see A2003-35 s 55)\nEmployer etc liable for misrepresentation\ns 178 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 178 (prev s 111) renum R9 LA (see A2003-35 s 55)\n\nProsecutions for misrepresentation\ns 179 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 179 (prev s 112) renum R9 LA (see A2003-35 s 55)\nLimitations on legal costs\nch 14 hdg (prev ch 10 hdg) renum R9 LA (see A2003-35 s 55)\nMaximum costs for certain personal injury damages claims\npt 14.1 hdg (prev pt 10.1 hdg) ins A2003-35 s 22\nDefinitions—pt 14.1\ns 180 hdg sub A2013-44 amdt 3.33\ns 180 (prev s 113) renum R9 LA (see A2003-35 s 55)\nMaximum costs for claims of $50 000 or less\ns 181 (prev s 114) renum R9 LA (see A2003-35 s 55)\nCosts incurred after offer of compromise not accepted\ns 182 (prev s 115) renum R9 LA (see A2003-35 s 55)\nExclusion of costs unnecessarily incurred etc\ns 183 (prev s 116) renum R9 LA (see A2003-35 s 55)\nCourt discretion to allow additional costs\ns 184 (prev s 117) renum R9 LA (see A2003-35 s 55)\nApportionment of costs between lawyers\ns 185 (prev s 118) renum R9 LA (see A2003-35 s 55)\nCosts in damages claims if no reasonable prospects of success\npt 14.2 hdg (prev pt 10.2 hdg) ins A2003-35 s 23\nDefinitions—pt 14.2\ns 186 (prev s 118A) ins A2003-35 s 23\ndef court ins A2003-35 s 23\ndef provable ins A2003-35 s 23\ndef reasonable prospects of success ins A2003-35 s 23\nApplication—pt 14.2\ns 187 (prev s 118B) ins A2003-35 s 23\nCertificate that claim or defence has reasonable prospects of success\ns 188 (prev s 118C) ins A2003-35 s 23\nam A2005-5 s 11; A2006-25 amdt 2.1\nCosts order against lawyer acting without reasonable prospects of success\ns 189 (prev s 118D) ins A2003-35 s 23\n\nOnus on lawyer to show facts provided reasonable prospects of success\ns 190 (prev s 118E) ins A2003-35 s 23\nMiscellaneous\nch 15 hdg (prev ch 11 hdg) renum R9 LA (see A2003-35 s 55)\nMediation and neutral evaluation\npt 15.1 hdg (prev pt 11.1 hdg) sub A2003-35 s 24\nPurpose of pt 15.1 etc\ns 191 (prev s 119) renum R9 LA (see A2003-35 s 55)\nam A2006-40 amdt 2.64, amdt 2.65\nMeaning of mediation, neutral evaluation etc\ns 192 hdg (prev s 120 hdg) sub A2003-35 s 26\ns 192 (prev s 120) am A2003-35 s 27; ss renum R9 LA (see\nA2003-35 s 28)\nWho can be a mediator\ns 193 (prev s 120A) ins A2003-35 s 29\nam A2006-40 amdt 2.66\nsub A2015-10 s 12\nWho can be an evaluator\ns 194 (prev s 121) renum R9 LA (see A2003-35 s 55)\nam A2006-40 amdt 2.66\nReferral by tribunal for mediation or neutral evaluation\ns 195 hdg (prev s 122 hdg) sub A2003-35 s 30\nsub A2006-40 amdt 2.67\ns 195 (prev s 122) am A2003-35 s 31, s 32\nam A2006-40 amdt 2.68, amdt 2.69; A2015-52 s 8\nDuty of parties to take part in neutral evaluations\ns 196 (prev s 123) am A2003-35 s 33\nCosts of neutral evaluation\ns 197 (prev s 124) am A2003-35 s 34\nam A2006-40 amdt 2.70\nAgreements and arrangements arising from mediation sessions\ns 198 (prev s 124A) ins A2003-35 s 35\nam A2006-40 amdt 2.70; A2015-10 s 13\n\nPrivilege for neutral evaluations\ns 199 (prev s 125) renum R9 LA (see A2003-35 s 55)\nam A2006-40 amdt 2.70\nSecrecy by evaluators\ns 200 (prev s 126) renum R9 LA (see A2003-35 s 55)\nProtection from liability for evaluators\ns 201 (prev s 127) renum R9 LA (see A2003-35 s 55)\nGeneral reporting requirements of insurers\npt 15.2 hdg (prev pt 11.2 hdg) renum R9 LA (see A2003-35 s 55)\nWho is an insurer for pt 15.2\ns 202 (prev s 128) renum R9 LA (see A2003-35 s 55)\nInsurers reporting requirements\ns 203 (prev s 129) renum R9 LA (see A2003-35 s 55)\nam A2006-40 amdt 1.4\nDirections to insurers about reporting requirements\ns 203A ins A2006-40 amdt 1.5\nFurther reports by insurers\ns 203B ins A2006-40 amdt 1.5\nConfidentiality of general reports of insurers\ns 204 (prev s 130) renum R9 LA (see A2003-35 s 55)\nReport to Legislative Assembly\ns 205 (prev s 131) renum R9 LA (see A2003-35 s 55)\nam A2005-60 amdt 1.12\nAttachment of insurance money\npt 15.3 hdg (prev pt 11.3 hdg) renum R9 LA (see A2003-35 s 55)\nAmount of liability charge on insurance money payable against liability\ns 206 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 206 (prev s 132) renum R9 LA (see A2003-35 s 55)\nEnforcement of charge on insurance money\ns 207 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 207 (prev s 133) renum R9 LA (see A2003-35 s 55)\n\nProtection of insurer for pt 15.3 charge\ns 208 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 208 (prev s 134) renum R9 LA (see A2003-35 s 55)\nCertain other provisions not affected by pt 15.3\ns 209 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 209 (prev s 135) renum R9 LA (see A2003-35 s 55)\nam A2008-1 amdt 1.10; A2019-12 amdt 3.34\nAbolition of certain common law actions, rules and remedies\npt 15.4 hdg (prev pt 11.4 hdg) renum R9 LA (see A2003-35 s 55)\nAbolition of seduction, enticement and harbouring\ns 210 (prev s 136) renum R9 LA (see A2003-35 s 55)\nAbolition of rule about unity of spouses\ns 211 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 211 (prev s 137) renum R9 LA (see A2003-35 s 55)\nAbolition of action of cattle-trespass\ns 212 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 212 (prev s 138) renum R9 LA (see A2003-35 s 55)\nAbolition of distress damage feasant\ns 213 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 213 (prev s 139) renum R9 LA (see A2003-35 s 55)\nAbolition of rules relating exclusively to liability for damage by animals\ns 214 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 214 (prev s 140) renum R9 LA (see A2003-35 s 55)\nPartial abolition of rule in Rylands v Fletcher\ns 215 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 215 (prev s 141) renum R9 LA (see A2003-35 s 55)\nAbolition of rule of common employment\ns 216 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 216 (prev s 142) renum R9 LA (see A2003-35 s 55)\nAbolition of husband’s liability for wife’s torts and premarital obligations\ns 217 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 217 (prev s 143) renum R9 LA (see A2003-35 s 55)\nAbolition of action for loss of consortium\ns 218 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 218 (prev s 144) renum R9 LA (see A2003-35 s 55)\nAbolition of rule in Cavalier v Pope\ns 219 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 219 (prev s 145) renum R9 LA (see A2003-35 s 55)\n\nPartial abolition of Mocambique rule\ns 220 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 220 (prev s 146) renum R9 LA (see A2003-35 s 55)\nAbolition of torts of maintenance and champerty\ns 221 (prev s 146A) ins A2002-49 amdt 3.2\nam A2006-38 amdt 1.2\nOther provisions\npt 15.5 hdg (prev pt 11.5 hdg) renum R9 LA (see A2003-35 s 55)\nApproved forms\ns 222 (prev s 147) renum R9 LA (see A2003-35 s 55)\nam A2013-44 amdt 3.34; A2025-29 amdt 4.29\nDetermination of fees\ns 222A ins A2004-68 s 5\nam A2013-44 amdt 3.34; A2025-29 amdt 4.29\nRegulation-making power\ns 223 (prev s 148) renum R9 LA (see A2003-35 s 55)\nam A2004-68 s 6, s 7; A2025-29 amdt 4.29\nTransitional provisions\nch 16 hdg (prev ch 12 hdg) renum R9 LA (see A2003-35 s 55)\nom R40 LA\nApplication provisions—for certain new measures\ns 224 (prev s 150) mod SL2002-41 reg 3 (mod exp 9 September\n2003 see A2003-35 s 56)\nam A2003-35 ss 36-38\nexp 1 November 2005 (s 224 (5))\nApplication provisions—for Civil Law (Wrongs) Amendment Act 2003\ns 225 (prev s 150A) ins A2003-35 s 39\nmod SL2003-20 reg 7 (as am SL2004-8 reg 8, om A2004-32 s\n68)\nam A2004-32 s 65; ss renum R15 LA (see A2004-32 s 66)\nexp 9 September 2006 (s 225 (4) (LA s 88 declaration\napplies))\nApplication provisions—notices under s 51\ns 226 (prev s 151) renum R9 LA (see A2003-35 s 55)\nexp 1 November 2003 (s 226 (11))\nins A2005-43 amdt 1.9\nexp 1 October 2006 (s 226 (3) (LA s 88 declaration applies))\n\nApplication of provisions of Civil Liability (Animals) Act 1984 (repealed)\ns 227 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 227 (prev s 153) renum R9 LA (see A2003-35 s 55)\nexp 1 November 2003 (s 227 (4) (LA s 88 declaration applies))\nApplication of s 33 and s 36\ns 228 hdg bracketed note exp 1 November 2003 (s 3 (3))\ns 228 (prev s 154) renum R9 LA (see A2003-35 s 55)\nexp 1 November 2003 (s 228 (3) (LA s 88 declaration applies))\nAbolition of torts of maintenance and champerty—saving of existing rights\nand liabilities\ns 229 (prev s 154A) ins A2002-49 amdt 3.3\nexp 1 November 2005 (s 229 (2) and see s 224 (5))\nApplication of Civil Law (Wrongs) Amendment Act 2005\ns 230 (prev s 155) am A2003-35 s 40\nexp 1 November 2004 (s 230 (4))\nins A2006-1 s 5\nexp 23 February 2009 (s 230 (6) (LA s 88 declaration applies))\nModification of ch 12’s operation\ns 231 (prev s 156) am A2003-35 s 41\nexp 1 November 2004 (s 231 (2))\nTransitional—Justice and Community Safety Legislation Amendment\nAct 2016\nch 17 hdg ins A2016-37 amdt 1.14\nOngoing confidentiality of general reports of insurers\ns 250 ins A2016-37 amdt 1.14\nExpiry—ch 17\ns 251 ins A2016-37 amdt 1.14\nTransitional—Civil Law (Wrongs) Amendment Act 2021\nch 18 hdg ins A2021-15 s 31\nApplication of Civil Law (Wrongs) Amendment Act 2021\ns 252 ins A2021-15 s 31\nExpiry—ch 18\ns 253 ins A2021-15 s 31\n\nTransitional—Civil Law (Wrongs) Amendment Act 2024—absolute privilege\nch 19 hdg ins A2024-19 s 15\nAbsolute privilege amendments\ns 254 ins A2024-19 s 15\nExpiry—ch 19\ns 255 ins A2024-19 s 15\nTransitional—Civil Law (Wrongs) Amendment Act 2024\nch 20 hdg ins A2024-19 s 16\nDefinitions—ch 20\ns 256 ins A2024-19 s 16\nDigital intermediary amendments\ns 257 ins A2024-19 s 16\nOffer amendments\ns 258 ins A2024-19 s 16\nPreliminary discovery or non-party digital intermediary order amendments\ns 259 ins A2024-19 s 16\nDocument giving or service amendments\ns 260 ins A2024-19 s 16\nExpiry—ch 20\ns 261 ins A2024-19 s 16\nTransitional—Civil Law (Wrongs) (Organisational Child Abuse Liability)\nch 21 hdg ins A2025-32 s 6\nApplication of pt 8A.1A\ns 262 ins A2025-32 s 6\nExpiry—ch 21\ns 263 ins A2025-32 s 6\n\nAdditional publications to which absolute privilege applies\nsch 1A hdg ins A2024-19 s 17\nDefinitions—sch 1A\ns 1A.1 ins A2024-19 s 17\ndef matter ins A2024-19 s 17\ndef official ins A2024-19 s 17\nMatter published to bar association etc\ns 1A.2 ins A2024-19 s 17\nMatter published to human rights commission etc\ns 1A.3 ins A2024-19 s 17\nMatter published to integrity commission etc\ns 1A.4 ins A2024-19 s 17\nMatter published to inspector of correctional services\ns 1A.5 ins A2024-19 s 17\nMatter published to law society etc\ns 1A.6 ins A2024-19 s 17\nMatter published to office of the work health and safety commissioner etc\ns 1A.7 ins A2024-19 s 17\nMatter published to official visitor etc\ns 1A.8 ins A2024-19 s 17\nMatter published to public trustee and guardian etc\ns 1A.9 ins A2024-19 s 17\nMatter published to sentence administration board etc\ns 1A.10 ins A2024-19 s 17\nEquine activities\nsch 3 om LA s 89 (3)\nins A2003-35 s 42\nss renum R18 LA\nam A2010-54 amdt 3.10\nProfessional standards\nsch 4 hdg ins A2004-68 s 8\nPreliminary—professional standards\npt 4.1 hdg ins A2004-68 s 8\nObjects—sch 4\ns 4.1 (prev s 1) ins A2004-68 s 8\n\nDefinitions—sch 4\ns 4.2 (prev s 2) ins A2004-68 s 8\ndef amount payable ins A2007-22 amdt 1.7\ndef another jurisdiction ins A2008-7 amdt 1.24\ndef appropriate council ins A2008-7 amdt 1.24\ndef business assets ins A2004-68 s 8\ndef corresponding law ins A2008-7 amdt 1.24\ndef costs ins A2007-22 amdt 1.7\ndef council ins A2004-68 s 8\ndef court ins A2004-68 s 8\ndef damages ins A2004-68 s 8\nsub A2007-22 amdt 1.8\ndef interstate scheme ins A2008-7 amdt 1.24\ndef judgment ins A2004-68 s 8\ndef occupational association ins A2004-68 s 8\ndef occupational group ins A2004-68 s 8\ndef occupational liability ins A2004-68 s 8\ndef costs ins A2007-22 amdt 1.7\ndef scheme ins A2004-68 s 8\nam A2008-7 amdt 1.25\ndef this jurisdiction ins A2008-7 amdt 1.26\nAmount payable under an insurance policy—sch 4\ns 4.2A ins A2007-22 amdt 1.9\nApplication—sch 4\ns 4.3 (prev s 3) ins A2004-68 s 8\nLimitation of liability\npt 4.2 hdg ins A2004-68 s 8\nMaking, amendment and revocation of schemes\ndiv 4.2.1 hdg ins A2004-68 s 8\nPreparation and approval of schemes\ns 4.4 hdg sub A2012-30 amdt 1.1\ns 4.4 (prev s 4) ins A2004-68 s 8\nam A2008-7 amdt 1.27; A2012-30 amdt 1.2\nPublic notification of schemes\ns 4.5 (prev s 5) ins A2004-68 s 8\nam A2008-7 amdt 1.28; A2009-20 amdt 3.31; A2012-30\namdt 1.3; A2015-33 amdt 1.27\n\nMaking of comments and submissions about schemes\ns 4.6 (prev s 6) ins A2004-68 s 8\nConsideration of comments, submissions etc\ns 4.7 (prev s 7) ins A2004-68 s 8\nam A2008-7 amdt 1.29; A2012-30 amdt 1.4\nPublic hearings\ns 4.8 (prev s 8) ins A2004-68 s 8\nSubmission of schemes to Minister\ns 4.9 (prev s 9) ins A2004-68 s 8\nam A2008-7 amdt 1.30; A2012-30 amdt 1.5, amdt 1.6\nSchemes are subject to disallowance\ns 4.10 hdg sub A2012-30 amdt 1.7\ns 4.10 (prev s 10) ins A2004-68 s 8\nam A2008-7 amdt 1.31, amdt 1.32; A2012-30 amdt 1.8;\nA2025-29 amdt 4.29\nCommencement of schemes\ns 4.11 (prev s 11) ins A2004-68 s 8\nam A2008-7 amdt 1.33; A2012-30 amdt 1.9\nChallenges to schemes\ns 4.12 (prev s 12) ins A2004-68 s 8\nsub A2008-7 amdt 1.34\nam A2012-30 amdt 1.10\nReview of schemes\ns 4.13 (prev s 13) ins A2004-68 s 8\nam A2008-7 amdt 1.35\nAmendment and revocation of schemes\ns 4.14 (prev s 14) ins A2004-68 s 8\nam A2008-7 amdt 1.36, amdt 1.37; A2012-30 amdt 1.11\nNotification of revocation of schemes\ns 4.14A ins A2008-7 amdt 1.38\nam A2012-30 amdt 1.12; A2025-29 amdt 4.29\n\nEnding of operation of interstate schemes\ns 4.14B ins A2008-7 amdt 1.38\nam A2012-30 amdt 1.13\nContent of schemes\ndiv 4.2.2 hdg ins A2004-68 s 8\nPeople to whom scheme applies\ns 4.15 (prev s 15) ins A2004-68 s 8\nOther people to whom scheme applies\ns 4.16 (prev s 16) ins A2004-68 s 8\nLimitation of liability by insurance arrangements\ns 4.17 (prev s 17) ins A2004-68 s 8\nsub A2007-22 amdt 1.10\nLimitation of liability by reference to amount of business assets\ns 4.18 (prev s 18) ins A2004-68 s 8\nam A2007-22 amdt 1.11, amdt 1.12\nLimitation of liability by multiple of charges\ns 4.19 (prev s 19) ins A2004-68 s 8\nam A2007-22 amdt 1.13, amdt 1.14\nStatement of different limits of liability\ns 4.20 (prev s 20) ins A2004-68 s 8\nCombination of provisions under s 4.17, s 4.18 and s 4.19\ns 4.21 (prev s 21) ins A2004-68 s 8\nAmount below which liability may not be limited\ns 4.22 (prev s 22) ins A2004-68 s 8\nLiability in damages not reduced to below relevant limit\ns 4.22A ins A2007-22 amdt 1.15\nInsurance to be of required standard\ns 4.23 (prev s 23) ins A2004-68 s 8\nEffect of schemes\ndiv 4.2.3 hdg ins A2004-68 s 8\n\nLimit of occupational liability by schemes\ns 4.24 (prev s 24) ins A2004-68 s 8\nam A2007-22 amdt 1.16\nLimitation of amount of damages\ns 4.25 (prev s 25) ins A2004-68 s 8\nEffect of scheme on other parties to proceedings\ns 4.26 (prev s 26) ins A2004-68 s 8\nProceedings to which a scheme applies\ns 4.27 (prev s 27) ins A2004-68 s 8\nDuration of scheme\ns 4.28 (prev s 28) ins A2004-68 s 8\nam A2008-7 amdt 1.39; ss renum R34 LA; A2013-44\namdt 3.34; A2018-12 s 4; A2025-29 amdt 4.29\nNotification of limitation of liability\ns 4.29 (prev s 29) ins A2004-68 s 8\nCompulsory insurance\npt 4.3 hdg ins A2004-68 s 8\nOccupational association may require members to insure\ns 4.30 (prev s 30) ins A2004-68 s 8\nMonitoring claims by occupational associations\ns 4.31 (prev s 31) ins A2004-68 s 8\nRisk management\npt 4.4 ins A2004-68 s 8\nRisk management strategies by occupational associations\ns 4.32 (prev s 32) ins A2004-68 s 8\nam A2012-30 amdt 1.14\nReporting by occupational associations\ns 4.33 (prev s 33) ins A2004-68 s 8\n\nCompliance audits\ns 4.34 (prev s 34) ins A2004-68 s 8\nComplaints and disciplinary matters\ns 4.35 (prev s 35) ins A2004-68 s 8\nam A2016-18 amdt 3.46\nProfessional standards council\npt 4.6 hdg ins A2004-68 s 8\nEstablishment and functions of council\ndiv 4.6.1 ins A2004-68 s 8\nThe council\ns 4.36 (prev s 36) ins A2004-68 s 8\nFunctions of council\ns 4.37 (prev s 37) ins A2004-68 s 8\nam A2008-7 amdt 1.40; A2012-30 amdt 1.15\nCooperation with authorities in other jurisdictions\ns 4.37A ins A2008-7 amdt 1.41\nMembership of council\ndiv 4.6.2 ins A2004-68 s 8\nMembership of council\ns 4.38 (prev s 38) ins A2004-68 s 8\nam A2021-3 s 9\nChairperson and deputy chairperson of council\ns 4.39 (prev s 39) ins A2004-68 s 8\nam A2021-3 s 10\nDeputies of members\ns 4.40 (prev s 40) ins A2004-68 s 8\nam A2021-3 s 11\nTerm of appointment\ns 4.41 (prev s 41) ins A2004-68 s 8\nAllowances of members\ns 4.42 (prev s 42) ins A2004-68 s 8\n\nVacancy in office of member\ns 4.43 (prev s 43) ins A2004-68 s 8\nam A2008-28 amdt 3.42; A2009-49 amdt 3.20\nFilling of vacancy in office of member\ns 4.44 (prev s 44) ins A2004-68 s 8\nPersonal liability of members etc\ns 4.45 (prev s 45) ins A2004-68 s 8\nProcedure of council\ndiv 4.6.3 hdg ins A2004-68 s 8\nGeneral procedure for council\ns 4.46 (prev s 46) ins A2004-68 s 8\n(2), (3) exp 8 September 2005 (s 4.46 (3))\nQuorum at council meetings\ns 4.47 (prev s 47) ins A2004-68 s 8\nPresiding member at council meetings\ns 4.48 (prev s 48) ins A2004-68 s 8\nVoting at council meetings\ns 4.49 (prev s 49) ins A2004-68 s 8\nMiscellaneous\ndiv 4.6.4 hdg ins A2004-68 s 8\nRequirement to provide information\ns 4.50 (prev s 50) ins A2004-68 s 8\nam A2012-30 amdt 1.16\nReferral of complaints\ns 4.51 (prev s 51) ins A2004-68 s 8\nCouncil committees\ns 4.52 (prev s 52) ins A2004-68 s 8\nUse of government staff or facilities\ns 4.53 (prev s 53) ins A2004-68 s 8\n\nEngagement of consultants by council\ns 4.54 (prev s 54) ins A2004-68 s 8\nAccountability of council to Minister\ns 4.55 (prev s 55) ins A2004-68 s 8\nAnnual report of council\ns 4.56 (prev s 56) ins A2004-68 s 8\nMiscellaneous—sch 4\npt 4.7 hdg ins A2004-68 s 8\nCharacterisation of sch 4\ns 4.57 (prev s 57) ins A2004-68 s 8\nNo contracting out of sch 4\ns 4.58 (prev s 58) ins A2004-68 s 8\nNo limitation on other insurance\ns 4.59 (prev s 59) ins A2004-68 s 8\nValidation of schemes etc\ns 4.59A ins A2007-22 amdt 1.17\nReview of sch 4\ns 4.60 (prev s 60) ins A2004-68 s 8\nexp 8 March 2012 (s 4.60 (4))\nOccupational associations—model code\nsch 5 ins A2004-68 s 9\nss renum R18 LA\nWhat happens after a complaint is made?\ns 5.6 am A2017-4 amdt 3.25\nWhat action may be taken after a hearing into a complaint?\ns 5.7 am A2017-4 amdt 3.25\nNotices of decisions\ns 5.8 am A2017-4 amdt 3.20\n\ndict am A2003-14 amdt 1.17; A2008-14 amdt 1.16; A2009-20\namdt 3.32; A2009-49 amdt 3.21; A2010-54 amdt 3.11;\nA2012-40 amdt 3.24; A2013-39 amdt 2.10 (A2013-39 never\neffective (see Commonwealth v Australian Capital Territory\n[2013] HCA 55)); A2013-44 amdt 3.35; A2015-10 s 14;\nA2015-33 amdt 1.28; A2016-13 amdt 1.34; A2017-4\namdt 3.21; A2018-38 s 5; A2024-19 s 18\ndef abuse settlement agreement ins A2022-21 s 10\ndef access prevention step ins A2024-19 s 19\ndef accident sub A2003-35 s 43\ndef accommodation unit sub A2013-44 amdt 3.37\ndef action om A2006-1 s 6\ndef act of terrorism ins A2013-44 amdt 3.36\nsub A2018-42 amdt 3.31\ndef agent sub A2013-44 amdt 3.37\ndef aggrieved person sub A2006-1 s 7; A2021-15 s 32\ndef agreed expert ins A2003-35 s 44\nom A2011-48 amdt 1.11\ndef amends agreement om A2006-1 s 8\ndef amount payable ins A2007-22 amdt 1.18\ndef another jurisdiction ins A2008-7 amdt 1.42\ndef apology ins A2003-35 s 44\ndef applicable period ins A2021-15 s 33\ndef applicant A2022-21 s 10\ndef appointed expert ins A2003-35 s 44\nom A2011-48 amdt 1.11\ndef apportionable claim ins A2004-68 s 10\ndef appropriate council ins A2008-7 amdt 1.42\ndef associated entity ins A2021-15 s 33\ndef Australian court ins A2006-1 s 9\ndef Australian jurisdiction ins A2006-1 s 9\ndef Australian tribunal ins A2006-1 s 9\ndef business assets ins A2004-68 s 10\ndef caching service ins A2024-19 s 19\ndef child abuse ins A2018-38 s 6\nsub A2022-21 s 11\ndef child abuse claim ins A2018-38 s 6\nsub A2022-21 s 11\ndef claim sub A2003-35 s 45\nam A2011-48 amdt 1.12; pars renum R48 LA\ndef claimant ins A2003-35 s 46\nsub A2004-68 s 11\ndef common carrier sub A2013-44 amdt 3.37\ndef community organisation sub A2013-44 amdt 3.37\ndef community work sub A2013-44 amdt 3.37\ndef complying notice of claim ins A2003-35 s 46\n\ndef concerns notice ins A2021-15 s 33\ndef concurrent wrongdoer ins A2004-68 s 12\ndef conduit service ins A2024-19 s 19\ndef consequential mental harm ins A2003-35 s 46\ndef consumer claim ins A2004-68 s 12\ndef contribution notice ins A2003-35 s 46\nam A2017-4 amdt 3.22\ndef contributor ins A2003-35 s 46\ndef corresponding law ins A2008-7 amdt 1.42\ndef costs sub A2007-22 amdt 1.19\nam A2013-44 amdt 3.38\ndef council ins A2004-68 s 12\ndef country sub A2006-1 s 10\ndef court sub A2003-35 s 47\nam A2004-68 s 13; A2006-1 s 11; pars renum A2006-1\ns 12\ndef damages ins A2004-68 s 14\ndef defamation om A2006-1 s 13\ndef defendant ins A2004-68 s 14\ndef digital intermediary ins A2024-19 s 19\ndef digital matter ins A2024-19 s 19\ndef document ins A2006-1 s 14\ndef donor ins A2013-44 amdt 3.39\ndef duty of care ins A2003-35 s 48\ndef electronic communication ins A2006-1 s 14\ndef employee ins A2025-32 s 7\ndef equine ins A2003-35 s 48\ndef equine activity ins A2003-35 s 48\ndef equine activity sponsor ins A2003-35 s 48\ndef equine facility ins A2003-35 s 48\ndef equine professional ins A2003-35 s 48\ndef evidence ins A2003-35 s 48\ndef excluded corporation ins A2021-15 s 33\ndef expert ins A2003-35 s 48\ndef expert medical evidence ins A2003-35 s 48\ndef fit for human consumption ins A2013-44 amdt 3.39\ndef food ins A2013-44 amdt 3.39\ndef further particulars notice ins A2021-15 s 33\ndef general law ins A2006-1 s 14\ndef harm ins A2003-35 s 48\ndef inherent risks of equine activities ins A2003-35 s 48\ndef innkeeper’s liability sub A2013-44 amdt 3.40\ndef insurer sub A2003-35 s 49; A2016-37 amdt 1.15\ndef interstate scheme ins A2008-7 amdt 1.42\n\ndef intoxicated sub A2013-44 amdt 3.40\ndef judgment ins A2004-68 s 14\ndef matter ins A2006-1 s 14\ndef matter in question sub A2006-1 s 15; A2021-15 s 34\ndef mediation ins A2003-35 s 50\nsub A2013-44 amdt 3.40\ndef mediation session ins A2003-35 s 50\nsub A2013-44 amdt 3.40\ndef medical issue ins A2003-35 s 50\ndef mental harm ins A2003-35 s 50\ndef motor accident sub A2003-35 s 51\ndef motor accident claim ins A2019-12 amdt 3.35\ndef motor vehicle sub A2003-35 s 51; A2017-4 amdt 3.23\nam A2017-21 amdt 1.5, amdt 1.6\ndef negligence ins A2003-35 s 52\ndef neutral evaluation sub A2013-44 amdt 3.40\ndef neutral evaluation session sub A2013-44 amdt 3.40\ndef occupational association ins A2004-68 s 14\ndef occupational group ins A2004-68 s 14\ndef occupational liability ins A2004-68 s 14\ndef offer to make amends sub A2006-1 s 16\ndef online service ins A2024-19 s 19\ndef organisation ins A2025-32 s 7\ndef parliamentary body sub A2006-1 s 17\ndef participant ins A2003-35 s 52\ndef participate ins A2003-35 s 52\ndef party ins A2003-35 s 52\ndef personal injury sub A2003-35 s 53\ndef personal injury damages am A2013-44 amdt 3.41\ndef personal representative am A2016-13 amdt 1.35\ndef poster ins A2024-19 s 19\ndef provable ins A2003-35 s 54\ndef provide sub A2013-44 amdt 3.42\ndef public or other authority ins A2003-35 s 54\ndef published matter om A2006-1 s 18\ndef publisher sub A2006-1 s 19; A2021-15 s 34\ndef pure mental harm ins A2003-35 s 54\ndef qualified offer om A2006-1 s 20\ndef reasonable prospects of success ins A2003-35 s 54\ndef related trust ins A2018-38 s 6\ndef respondent ins A2003-35 s 54\ndef responsible ins A2025-32 s 7\ndef schedule 2 packaged goods am A2017-4 amdt 3.24\ndef scheme ins A2004-68 s 14\ndef search engine ins A2024-19 s 19\ndef search engine provider ins A2024-19 s 19\n\ndef search result ins A2024-19 s 19\ndef storage service ins A2024-19 s 19\ndef substantially true ins A2006-1 s 21\ndef this jurisdiction ins A2006-1 s 21\nsub A2008-7 amdt 1.43\ndef tribunal om A2006-1 s 22\ndef unsafe ins A2013-44 amdt 3.43\ndef unsuitable ins A2013-44 amdt 3.43\ndef voluntary basis sub A2013-44 amdt 3.44\ndef volunteer sub A2013-44 amdt 3.44\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Nov 2002\n1 Nov 2002–\n20 Dec 2002\nnot amended new Act\n21 Dec 2002\n21 Dec 2002–\n31 Dec 2002\nA2002-49 modification by\nSL2002-41\n1 Jan 2003\n1 Jan 2003–\n1 Jan 2003\nA2002-49 commenced\nprovisions\n2 Jan 2003\n2 Jan 2003–\n16 Jan 2003\nA2002-49 expired\nprovision\n17 Jan 2003\n17 Jan 2003–\n27 Mar 2003\nA2002-49 amendments by\nA2002-49\n28 Mar 2003\n28 Mar 2003–\n9 Apr 2003\nA2003-14 amendments by\nA2003-6 and\nA2003-14\n10 Apr 2003\n10 Apr 2003–\nA2003-14 commenced\nprovisions\nnoon\n1 July 2003–\n8 Sept 2003\nA2003-14 commenced\nprovisions about\ntraveller\naccommodation\nproviders liability\n9 Sept 2003\n9 Sept 2003–\n8 Oct 2003\nA2003-35 amendments by\nA2003-35 and\ngeneral\nrenumbering\n9 Oct 2003\n9 Oct 2003–\n1 Nov 2003\nA2003-41 amendments by\nA2003-41\n\nfor\nR11*\n2 Nov 2003\n2 Nov 2003–\n2 Mar 2004\nA2003-41 commenced\nexpiries\n3 Mar 2004\n3 Mar 2004–\n7 Mar 2004\nA2003-41 modification by\nSL2004-8\n8 Mar 2004\n8 Mar 2004-\nA2003-41 amendments by\nA2003-35\n1 July 2004-\nA2004-28 amendments by\nA2004-28\n13 July 2004-\nA2004-32 amendments by\nA2004-32\n1 Sept 2004\n1 Sept 2004–\n1 Nov 2004\nA2004-32 amendments by\nA2004-13\n2 Nov 2004\n2 Nov 2004–\n1 Jan 2005\nA2004-68 commenced\n2 Jan 2004\n2 Jan 2004–\n9 Jan 2005\nA2004-68 commenced\n10 Jan 2005\n10 Jan 2005–\n23 Feb 2005\nA2004-68 amendments by\nA2004-60\n24 Feb 2005\n24 Feb 2005–\n7 Mar 2005\nA2005-5 amendments by\nA2005-5\nR21*\n8 Mar 2005\n8 Mar 2005–\n8 Sept 2005\nA2005-5 amendments by\nA2004-68\n9 Sept 2005\n9 Sept 2005–\n30 Sept 2005\nA2005-43 commenced\n1 Oct 2005\n1 Oct 2005–\n1 Nov 2005\nA2005-43 amendments by\nA2005-43\n2 Nov 2005\n2 Nov 2005-\n21 Dec 2005\nA2005-43 commenced\n22 Dec 2005\n22 Dec 2005-\n22 Feb 2006\nA2005-60 amendments by\nA2005-60\n23 Feb 2006\n23 Feb 2006–\nA2006-1 amendments by\nA2016-12\n\nfor\n1 July 2006–\n9 Sept 2006\nA2006-25 amendments by\nA2006-25\n10 Sept 2006\n10 Sept 2006–\n28 Sept 2006\nA2006-25 commenced\n29 Sept 2006\n29 Sept 2006–\n1 Oct 2006\nA2006-40\n2 Oct 2006\n2 Oct 2006–\n18 Oct 2006\nA2006-40 commenced\n19 Oct 2006\n19 Oct 2006–\n27 Mar 2007\nA2006-40\nR32*\n28 Mar 2007\n28 Mar 2007–\n5 Sept 2007\nA2006-38\n6 Sept 2007\n6 Sept 2007–\nA2007-22 amendments by\nA2007-22\n7 May 2008–\nA2008-7 amendments by\nA2008-7\n19 May 2008–\n22 Aug 2008\nA2008-14 amendments by\nA2008-14\n23 Aug 2008\n23 Aug 2008–\n25 Aug 2008\nA2008-39 updated\nendnotes as\namended by\n26 Aug 2008\n26 Aug 2008–\n26 Aug 2008\nA2008-28\n27 Aug 2008\n27 Aug 2008–\n30 Sept 2008\nA2008-29\nR39*\n1 Oct 2008\n1 Oct 2008–\n23 Feb 2009\nA2008-1 as\namended by\n24 Feb 2009\n24 Feb 2009–\n21 Sept 2009\nA2008-39 commenced\n22 Sept 2009\n22 Sept 2009–\n16 Dec 2009\nA2009-20 amendments by\nA2009-20\n\nfor\n17 Dec 2009\n17 Dec 2009–\nA2009-49 amendments by\nA2009-49\n1 July 2010–\n31 Dec 2010\nA2010-10 amendments by\nA2010-10\n1 Jan 2011\n1 Jan 2011–\n8 Mar 2012\nA2010-54 amendments by\nA2010-54\n9 Mar 2012\n9 Mar 2012–\nA2010-54 expiry of\nprovision (sch 4\ns 4.60)\n14 June 2012–\n10 Sept 2012\nA2012-30 amendments by\nA2012-30\n11 Sept 2012\n11 Sept 2012–\n21 Nov 2012\nA2012-40 amendments by\nA2012-40\n22 Nov 2012\n22 Nov 2012–\n31 Dec 2012\nA2012-40 amendments by\nA2011-48\nR49*\n1 Jan 2013\n1 Jan 2013–\n6 Nov 2013\nA2012-48 amendments by\nA2012-48\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nR50 (RI)\n24 Feb 2014\n7 Nov 2013–\n24 Nov 2013\nA2013-39 (never\neffective)\nreissue because\nof High Court\ndecision in\nrelation to\n25 Nov 2013\nnever effective A2013-44 amendments by\nA2013-44\nR51 (RI No 2)\n25 Nov 2013–\n20 Apr 2015\nA2013-44 reissue because\nof High Court\ndecision in\nrelation to\nfurther reissue\nfor retrospective\nA2014-17\n\nfor\n21 Apr 2015\n21 Apr 2015–\n13 Oct 2015\nA2015-10 amendments by\nA2015-10\n14 Oct 2015\n14 Oct 2015–\n9 Dec 2015\nA2015-33 amendments by\nA2015-33\n10 Dec 2015\n10 Dec 2015–\n1 Mar 2016\nA2015-52 amendments by\nA2015-52\n2 Mar 2016\n2 Mar 2016–\n31 Mar 2016\nA2016-11 amendments by\nA2016-11\n1 Apr 2016\n1 Apr 2016–\n26 Apr 2016\nA2016-13 amendments by\nA2016-13\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n29 June 2016–\nA2016-37 amendments by\nA2016-37\n30 June 2016–\nA2016-37 expiry of\ntransitional\nprovisions (ch\n17)\n1 July 2016–\n25 Aug 2016\nA2016-37 amendments by\nA2016-12\n26 Aug 2016\n26 Aug 2016–\n8 Mar 2017\nA2016-53 amendments by\nA2016-53\n9 Mar 2017\n9 Mar 2017–\nA2017-4 amendments by\nA2017-4\n24 May 2017–\n14 Aug 2017\nA2017-14 amendments by\nA2017-14\n15 Aug 2017\n15 Aug 2017–\n24 Apr 2018\nA2017-21 amendments by\nA2017-21\n25 Apr 2018\n25 Apr 2018–\n27 Sept 2018\nA2018-12 amendments by\nA2018-12\n28 Sept 2018\n28 Sept 2018–\n21 Nov 2018\nA2018-38 amendments by\nA2018-38\n\nfor\n22 Nov 2018\n22 Nov 2018–\n31 Jan 2020\nA2018-42 amendments by\nA2018-42\n1 Feb 2020\n1 Feb 2020–\n25 Feb 2021\nA2019-12 amendments by\nA2019-12\n26 Feb 2021\n26 Feb 2021–\nA2021-3 amendments by\nA2021-3\n1 July 2021–\n9 Dec 2022\nA2021-15 amendments by\nA2021-15\n10 Dec 2022\n10 Dec 2022–\nA2022-21 amendments by\nA2022-21\n1 July 2024–\nA2024-19 amendments by\nA2024-19\n2 July 2024–\n17 Sept 2024\nA2024-19 expiry of\ntransitional\nprovisions (ch\n18)\n18 Sept 2024\n18 Sept 2024–\n12 Nov 2025\nA2024-49 amendments by\nA2024-49\n13 Nov 2025\n13 Nov 2025–\n5 Dec 2025\nA2025-32 amendments by\nA2025-32\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n7 Renumbered provisions\nThis Act was renumbered under the Legislation Act 2001, in R9 (see Civil Law\n(Wrongs) Amendment Act 2003 (No 2) A2003-35 s 55). Details of renumbered\nprovisions are shown in endnote 4 (Amendment history). For a table showing the\nrenumbered provisions, see R20.","sortOrder":274}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1191},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown substantially beyond its original 2002 scope. Major expansions include: comprehensive defamation law reform (Chapter 9, significantly expanded in 2024 amendments), institutional child abuse provisions (Chapter 8A, added 2018 and expanded 2025), digital intermediary exemptions for online platforms (Division 9.2.2A, added 2024), and extensive professional standards scheme machinery (Schedule 4). The original Act was primarily a consolidation of tort law with some reform; it is now a complex, multi-purpose statute addressing contemporary issues like online defamation and historical institutional abuse that were not contemplated in 2002."},"complexity_factors":["Extensive length with 21 chapters plus multiple schedules (over 250 pages in republication)","Dense cross-referencing between chapters and with other ACT legislation (Motor Accident Injuries Act, Workers Compensation Act, etc.)","Multiple overlapping limitation periods and procedural requirements with exceptions","Highly technical defamation provisions with numerous defined terms (digital intermediary, caching service, conduit service, etc.)","Nested conditional logic in professional standards schemes (Schedule 4) with multiple pathways for limiting liability","Complex transitional provisions (Chapters 19-21) with different rules applying based on when causes of action accrued","Extensive regulation-making powers throughout, meaning substantive rules are often not in the Act itself","Multiple calculation formulas for damages caps, costs limits, and liability apportionment","Specialised provisions for institutional child abuse with unique rules for unincorporated bodies and related trusts","Detailed pre-court procedures in Chapter 5 with strict timelines and document exchange requirements"],"plain_english_summary":"**What this legislation does:**\n\nThis is the ACT's main law dealing with civil wrongs — essentially, when someone suffers harm or loss because of another person's actions (or failures to act). It covers a huge range of situations where people can sue for compensation.\n\n**Key areas covered:**\n\n- **Protecting good samaritans and volunteers** — People who help others in emergencies or do community work generally can't be sued if they act honestly and without recklessness (sections 5, 8)\n- **Food donors** — People who donate food in good faith for charitable purposes are protected from liability if the food was fit for consumption when it left their control (section 11B)\n- **Apologies** — Saying sorry doesn't count as admitting legal fault and can't be used against you in court (section 14)\n- **Claims for death or injury** — Sets out who can sue when someone dies because of another's wrongful act, and what damages can be claimed (Part 3.1)\n- **Mental harm** — Allows claims for psychiatric injury, but only if it amounts to a recognised psychiatric illness (Part 3.2)\n- **Negligence** — Establishes the standard of care people must show, how to work out if someone's negligence caused harm, and how fault is shared between parties (Chapter 4)\n- **Pre-court procedures for personal injury claims** — Requires people to notify potential defendants and try to resolve claims before going to court, with strict document exchange requirements (Chapter 5)\n- **Damages limitations** — Caps certain types of damages, presumes contributory negligence in specific situations (like if someone was drunk or not wearing a seatbelt), and limits damages for loss of earnings to 3 times average weekly earnings (Part 7.1)\n- **Proportionate liability** — Where multiple people are at fault, each only pays their share of the blame (Chapter 7A)\n- **Public authority liability** — Special rules limiting when government bodies can be sued, particularly for failing to maintain roads or regulate activities (Chapter 8)\n- **Institutional child abuse** — Special provisions making organisations vicariously liable for child abuse by their employees, and allowing claims against unincorporated bodies like churches; also allows past settlement agreements to be set aside if they were unfair (Chapter 8A)\n- **Defamation** — Comprehensive rules about suing for damage to reputation, including defences (truth, public interest, honest opinion, etc.), mandatory pre-litigation steps, and limits on damages (Chapter 9)\n- **Trespass, occupiers' liability, and other specific wrongs** — Various other situations where liability arises (Chapters 10-12)\n- **Misrepresentation** — Rules about false statements that induce someone to enter a contract (Chapter 13)\n- **Legal costs controls** — Limits lawyers' fees in smaller personal injury claims and penalises lawyers who run hopeless cases (Chapter 14)\n- **Professional standards schemes** — Allows professional associations to create schemes limiting members' liability if they maintain proper insurance and risk management (Schedule 4)\n\n**Who it affects:**\n\nVirtually everyone in the ACT — anyone who might suffer harm, cause harm, volunteer, donate food, stay in accommodation, travel on public transport, deal with professionals, or publish information (including online). It particularly affects personal injury lawyers, insurers, government bodies, media organisations, and professional associations.\n\n**Why it matters:**\n\nThis Act tries to balance two competing goals: letting injured people get fair compensation, while preventing excessive or frivolous litigation that drives up costs for everyone. It includes significant \"tort reform\" measures — limits on damages, procedural hurdles before court, and protections for volunteers and community organisations — while also expanding access to justice for institutional child abuse survivors and updating defamation law for the digital age."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown well beyond its original purpose of consolidating and reforming statute law relating to wrongs. Originally relatively compact, it now includes entire new areas not initially contemplated, such as institutional child abuse liability (including vicarious liability and setting aside settlements), detailed defamation provisions with digital intermediary protections, professional standards schemes that allow occupational associations to cap liability, and extensive transitional provisions for numerous amendments. The original focus on general tort principles has been significantly expanded by layers of policy-driven additions, making the Act a sprawling code covering many specific liability scenarios."},"complexity_factors":["Extremely long: over 200 pages including 21 chapters and multiple schedules.","Very large number of defined terms: dictionary plus section-specific definitions for almost every part.","Heavy cross-referencing within the Act and to external laws (e.g., Motor Accident Injuries Act, Workers Compensation Act, Criminal Code, Limitation Act).","Multiple layers of exceptions, conditions, and rebuttable presumptions (e.g., in good samaritan protections, contributory negligence presumptions, and professional standards schemes).","Detailed procedural requirements for personal injury claims (notice, exchange of documents, expert reports, time limits).","Complex defamation section with numerous defences, digital intermediary exemptions, and pre-court procedures.","Transitional provisions for multiple amendments over time, adding to the legislative bulk.","Schedules with significant standalone content (professional standards, equine activities, model complaints code)."],"plain_english_summary":"This is the main ACT law dealing with civil wrongs (torts) – situations where one person's actions cause harm to another, allowing the harmed person to sue for damages. It covers negligence, defamation, trespass, personal injury claims, and many other areas. The law sets out:\n\n- **Who is protected from liability:** Good Samaritans who help in emergencies, volunteers doing community work, and food donors who donate fit food.\n- **How apologies affect liability:** An apology is not an admission of fault and cannot be used as evidence of liability.\n- **Survival of claims after death:** If someone dies, their estate can continue or bring certain legal claims (except defamation).\n- **Claims for wrongful death:** Family members can sue for damages if a person dies due to someone else's wrongdoing.\n- **Mental harm:** You can claim damages for mental harm (like psychiatric illness) but only in specific circumstances.\n- **Negligence rules:** The law defines when someone owes a duty of care, how to prove breach, and causation.\n- **Pre-court procedures for personal injury:** Before suing for personal injury, you must follow a strict process – give notice, exchange documents, and try to settle.\n- **Damages limits:** There are caps on earnings loss, guidelines for pain and suffering, and rules reducing damages if the injured person was partly at fault (e.g., drunk, not wearing a seatbelt).\n- **Proportionate liability:** For economic loss claims (not personal injury), defendants are only liable for their share of responsibility, not the whole amount.\n- **Public authority liability:** Government bodies have special protections – they are not liable for failing to exercise regulatory functions or for road maintenance unless they knew of a specific risk.\n- **Institutional child abuse:** Organisations can be vicariously liable for child abuse by employees if the employee's role gave them the opportunity. There are also provisions to set aside unfair settlement agreements.\n- **Defamation:** This is a very detailed section covering defences, damages limits, digital intermediary protections, and pre-litigation steps like concerns notices and offers to make amends.\n- **Other areas:** Trespass, occupiers' liability, damage by animals, accidental fires, misrepresentation, limitations on legal costs, and mediation.\n- **Professional standards:** A system allows professional associations to create schemes limiting liability for their members (e.g., accountants, lawyers) if they meet insurance requirements.\n\nThis law affects anyone in the ACT who might be injured, harmed, or have their reputation damaged, as well as those who might be sued (individuals, businesses, governments). It matters because it sets the rules for when you can sue, how much you can get, and how to resolve disputes."}},"importantCases":[],"_links":{"self":"/api/acts/civil-law-wrongs-act-2002","history":"/api/acts/civil-law-wrongs-act-2002/history","analysis":"/api/acts/civil-law-wrongs-act-2002/analysis","conflicts":"/api/acts/civil-law-wrongs-act-2002/conflicts","importantCases":"/api/acts/civil-law-wrongs-act-2002/important-cases","documents":"/api/acts/civil-law-wrongs-act-2002/documents"}}