Sch 1AAdditional publications to

Schedule 1A Additional publications to which absolute privilege applies (see s 137 (2) (d)) 1A.1 Definitions—sch 1A matter—see section 116. official, of an entity mentioned in this schedule, means— (a) an officer, employee or member of staff of the entity; or (b) a person who is authorised to exercise a function of the entity under a territory law; or (c) another person engaged to act for or on behalf of the entity. 1A.2 Matter published to bar association etc (1) Without limiting section 137 (2) (a) to (c), matter that is published— (a) to any of the following: (i) the bar association; (ii) the bar council; (iii) a person in their capacity as— (A) a member of the bar council; or (B) a member of staff of the bar association; or (C) any other official of the bar association; and (b) for any of the following purposes: (i) making a complaint under the Legal Profession Act 2006 (whether or not the complaint may be dealt with under that Act); (ii) an investigation of the complaint under that Act; (iii) anything else that may be done under that Act in relation to the complaint. bar association—see the Legal Profession Act 2006, dictionary. bar council—see the Legal Profession Act 2006, dictionary. 1A.3 Matter published to human rights commission etc Without limiting section 137 (2) (a) to (c), matter that is published to— (a) the human rights commission; or (i) a member of the human rights commission; or (ii) a member of staff of the human rights commission; or (iii) any other official of the human rights commission. 1A.4 Matter published to integrity commission etc to— (a) the integrity commission; or (i) the integrity commissioner; or (ii) a member of staff of the integrity commission; or (iii) any other official of the integrity commission; or (iv) the inspector of the integrity commission; or (v) a member of staff of the inspector of the integrity commission; or (vi) any other official of the inspector of the integrity commission. inspector of the integrity commission means the inspector of the integrity commission under the Integrity Commission Act 2018. staff, of the inspector of the integrity commission—see the Integrity Commission Act 2018, section 248, definition of staff of the inspector. staff, of the integrity commission—see the Integrity Commission Act 2018, section 47, definition of staff of the commission. 1A.5 Matter published to inspector of correctional services (1) Without limiting section 137 (2) (a) to (c), matter that is published to a person in their capacity as— (a) the inspector of correctional services; or (b) a member of staff of the inspector of correctional services; or (c) any other official of the inspector of correctional services. inspector of correctional services means the inspector of correctional services under the Inspector of Correctional Services Act 2017. staff, of the inspector of correctional services, means the staff employed by the inspector under the Inspector of Correctional Services Act 2017, section 13. 1A.6 Matter published to law society etc (1) Without limiting section 137 (2) (a) to (c), matter that is published— (a) to any of the following: (i) the law society; (ii) the law society council; (iii) a person in their capacity as— (A) a member of the law society council; or (B) a member of staff of the law society; or (C) any other official of the law society; and (b) for any of the following purposes: (i) making a complaint under the Legal Profession Act 2006 (whether or not the complaint may be dealt with under that Act); (ii) an investigation of the complaint under that Act; (iii) anything else that may be done under that Act in relation to the complaint. law society—see the Legal Profession Act 2006, dictionary. law society council—see the Legal Profession Act 2006, dictionary. 1A.7 Matter published to office of the work health and safety commissioner etc to— (a) the Office of the Work Health and Safety Commissioner; or (i) the work health and safety commissioner; or (ii) a member of staff of the Office of the Work Health and Safety Commissioner; or (iii) any other official of the Office of the Work Health and Safety Commissioner. staff, of the Office of the Work Health and Safety Commissioner— see the Work Health and Safety Act 2011, schedule 2, section 2.30, definition of staff of the office. Office of the Work Health and Safety Commissioner means the Office of the Work Health and Safety Commissioner established under the Work Health and Safety Act 2011, schedule 2, section 2.18. 1A.8 Matter published to official visitor etc to— (a) the official visitors board; or (i) an official visitor; or (ii) a member of the official visitors board; or (iii) the official visitors executive officer; or (iv) any other official of the official visitors board. official visitors board means the official visitors board established under the Official Visitor Act 2012, section 23A. official visitors executive officer—see the Official Visitor Act 2012, section 23C (2). 1A.9 Matter published to public trustee and guardian etc (1) Without limiting section 137 (2) (a) to (c), matter that is published to a person in their capacity as— (a) the public trustee and guardian; or (b) a deputy public trustee and guardian; or (c) a member of staff of the public trustee and guardian; or (d) any other official of the public trustee and guardian. deputy public trustee and guardian means a deputy public trustee and guardian under the Public Trustee and Guardian Act 1985, section 6. 1A.10 Matter published to sentence administration board etc to— (a) the sentence administration board; or (i) a member of the sentence administration board; or (ii) the secretary of the sentence administration board; or (iii) any other official of the sentence administration board. secretary, of the sentence administration board, means the secretary of the board under the Crimes (Sentence Administration) Act 2005, section 191. Schedule 1 Traveller accommodation providers notice Schedule 1 Traveller accommodation providers notice (see s 154) Notice about loss of guest’s property The Civil Law (Wrongs) Act 2002, part 11.1 changes the common law about innkeeper’s liability. Under the Act, an accommodation provider may be liable to make good any loss of a guest’s property in certain circumstances even though the loss is not caused by the fault of the accommodation provider, or the provider’s agent. The strict liability of the accommodation provider under the Act— • applies only to a guest of the accommodation provider on a day when an accommodation unit is provided for the use of the guest • is limited to the limitation amount for each accommodation unit provided for the use of the guest on the day, unless the guest’s property was placed in safe custody facilities • does not cover motor vehicles and things owned by the guest left in or on motor vehicles. Note Words appearing in bold italics have a special meaning under the Civil Law (Wrongs) Act 2002. Common carriers—goods subject to special limited liability Schedule 2 Schedule 2 Common carriers—goods subject to special limited liability (see s 159 (1)) column 1 item column 2 goods 1 gold or silver coin of Australia or a foreign country 2 gold or silver in a manufactured or unmanufactured state 3 precious stones, jewellery, watches, clocks or time-pieces of any description 4 trinkets, gold or silver ores, bills, notes of any bank, orders, notes or securities for the payment of money 5 Australian stamps or a foreign country’s stamps 6 maps, writings or title-deeds 7 paintings, engravings or pictures 8 gold or silver plate or plated articles, glass or china 9 silk in a manufactured or unmanufactured state (including silk ornamented with other materials), furs or lace Section 3.1 3.1 Definitions—sch 3 equine means a horse, donkey, mule or hinny. equine activity means any of the following: (a) an equine show, fair, competition, performance or parade that involves 1 or more equines and 1 or more equine disciplines; (b) equine teaching or training activities; (c) agisting or boarding equines; (d) riding, inspecting or evaluating an equine belonging to someone else, whether or not the owner— (i) receives any reward for use of the equine; or (ii) is permitting a prospective buyer to ride, inspect or evaluate the equine; (e) a ride, trip, hunt or other activity (however informal or impromptu) that is sponsored by an equine activity sponsor; (f) placing or replacing horseshoes on an equine. Examples for par (a) 1 dressage 2 3-day events 3 performance riding 4 polo 5 showjumping 6 steeplechasing equine activity sponsor means— (a) an entity that (whether or not it operates for profit) sponsors, organises or provides a facility for an equine activity; or Equine activities Schedule 3 Section 3.1 (b) an operator, instructor or promoter of an equine facility. Examples for par (a) 1 pony clubs 2 riding clubs or schools 3 equestrian centres 4 school-sponsored classes equine facility includes an equestrian centre, riding school, stable, clubhouse, fair or arena where an equine activity is held. equine professional means a person engaged for reward in— (a) instructing a participant or renting an equine to a participant to— (i) ride or be a passenger on the equine; or (ii) drive the equine; or (b) renting equipment or tack to a participant. inherent risks of equine activities means the dangers or conditions that are an integral part of equine activities, including, for example— (a) the propensity of an equine to behave in ways that may result in injury, harm or death to people on or around them; and (b) the unpredictability of an equine’s reactions including to sounds, sudden movement and unfamiliar objects, people or animals; and (c) hazards such as surface and subsurface conditions; and (d) collisions with other equines or objects; and (e) the potential of a participant to act negligently that may contribute to injury to the participant or others. Examples for par (e) 1 failing to maintain control over an equine 2 not acting within the participant’s ability Section 3.2 participant means a person who participates in an equine activity (whether or not a fee is paid for the participation). participate in an equine activity— (a) means— (i) ride or be a passenger on an equine; or (ii) drive or train an equine, whether mounted or unmounted; or (iii) assist in medical treatment of an equine, whether mounted or unmounted; or (iv) assist a participant or show management; but (b) does not include be a spectator at an equine activity (unless the spectator is in an unauthorised area and in immediate proximity to the equine activity). 3.2 Application—sch 3 This schedule does not prevent or limit the liability of an equine activity sponsor, an equine professional or anyone else in relation to— (a) activities engaged in as part of the horseracing industry; or (b) an action for breach of the Competition and Consumer Act 2010 (Cwlth) or the Australian Consumer Law (ACT); or (c) a claim under the Workers Compensation Act 1951. 3.3 Limitation on liability for injury or death of participant (1) An equine activity sponsor, an equine professional or anyone else is not liable for personal injury to a participant resulting from the inherent risks of equine activities. Equine activities Schedule 3 Section 3.3 (2) However, this section does not prevent or limit the liability of a person (the defendant) if— (a) the injury was caused by faulty equipment or tack and the defendant— (i) provided the equipment or tack; and (ii) knew or ought reasonably to have known that the equipment or tack was faulty; or (b) the defendant provided the equine and failed to make reasonable and prudent efforts to assess, based on the participant’s representations, the participant’s ability to— (i) engage safely in the equine activity; and (ii) safely manage the particular equine; or (c) the injury was caused by a dangerous latent condition of the land or facility used for the equine activity and— (i) the defendant owned, leased or was otherwise in lawful possession of the land or facility; and (ii) the defendant knew, or ought reasonably to have known, of the dangerous latent condition; and (iii) a sign warning about the dangerous latent condition had not been conspicuously displayed on the land or at the facility; or (d) the defendant acted, or omitted to act, in a way that showed intentional or reckless disregard for the safety of the participant and the act or omission caused the injury; or (e) the defendant intentionally injured the participant. (3) Also, this section does not prevent or limit an equine professional’s liability to a participant in relation to an equine facility if, before the injury happened, the equine professional had not complied with clause 4 in relation to the facility. Section 3.4 3.4 Warning notice (1) An equine professional must ensure that a warning notice is displayed— (a) on or near an equine facility that is owned, managed or controlled by the equine professional; and (b) so that it can be clearly seen by participants before participating in equine activities at the facility. (2) The warning notice must be to the following effect: WARNING Under the Civil Law (Wrongs) Act 2002, an equine professional is not liable for injury to, or the death of, a participant in an equine activity that results from an inherent risk of the activity. This is subject to limitations set out in the Act. (3) The warning notice must be in black letters with each letter at least 2cm high. (4) The warning notice must also be included in clearly visible print in each written contract the equine professional enters into for the provision of professional services, instruction or rental of equipment or tack to a participant. Preliminary—professional standards Part 4.1 Section 4.1 Part 4.1 Preliminary—professional standards 4.1 Objects—sch 4 The objects of this schedule are— (a) to enable the creation of schemes to limit the civil liability of professionals and others; and (b) to facilitate the improvement of occupational standards of professionals and others; and (c) to protect consumers of the services provided by professionals and others; and (d) to establish a council to supervise the preparation and application of schemes and to assist in the improvement of occupational standards and protection of consumers. 4.2 Definitions—sch 4 occupational liability—see section 4.2A. another jurisdiction means a State or Territory other than this jurisdiction. appropriate council, in relation to another jurisdiction, means the authority that, under the corresponding law of the jurisdiction, has functions that are substantially the same as the council’s functions under this schedule. Part 4.1 Preliminary—professional standards Section 4.2 business assets, of a person, means the property of the person that is used to perform the person’s occupation and that can be taken in proceedings to enforce a judgment of a court. corresponding law means a law of another jurisdiction that corresponds to this schedule, and includes a law of another jurisdiction that is declared by regulation to be a corresponding law of the jurisdiction for this Act. costs includes fees, charges, disbursements and expenses. council—see section 4.36. court includes a tribunal and an arbitrator. damages means— (a) damages awarded in relation to a claim or counter-claim or claim by way of set-off; or (b) costs in relation to the proceedings ordered to be paid in relation to such an award (other than costs incurred in enforcing a judgment or incurred on an appeal made by a defendant); or (c) any interest payable on the amount of the damages or costs. interstate scheme means a scheme that— (a) has been prepared under a corresponding law; and (b) operates, or indicates an intention to operate, as a scheme of this jurisdiction. judgment includes— (a) a judgment given by consent; and (b) a decision of a tribunal; and (c) an award of an arbitrator. Preliminary—professional standards Part 4.1 Section 4.2A occupational association means a corporation— (a) that represents the interests of people who are members of the same occupational group; and (b) the membership of which is limited mainly to members of the occupational group. occupational group includes a professional group and a trade group. occupational liability means civil liability arising (in tort, contract or otherwise) directly or vicariously from anything done or omitted to be done by a member of an occupational association acting in the performance of the member’s occupation. scheme means a scheme for limiting the occupational liability of members of an occupational association, and includes an interstate this jurisdiction means the ACT. 4.2A Amount payable under an insurance policy—sch 4 occupational liability, includes— (a) defence costs payable in relation to a claim, or notification that may lead to a claim (other than reimbursement of the defendant for time spent in relation to the claim), but only if the costs are payable out of the one sum insured under the policy in relation to the occupational liability; and (b) the amount payable under or in relation to the policy by way of excess. Part 4.1 Preliminary—professional standards Section 4.3 4.3 Application—sch 4 (1) This schedule does not apply to liability for damages arising from any of the following: (a) personal injury to a person; (b) anything done or omitted to be done by a lawyer in acting for a client in a personal injury claim; (c) a breach of trust; (d) fraud or dishonesty. (2) This schedule does not apply to liability that may be the subject of a proceeding under the Land Titles Act 1925, part 16 (Civil rights and remedies). Section 4.4