Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Civil Liability Act 1936. 2—Act to bind the Crown This Act binds the Crown in right of South Australia and, so far as the legislative power of the Parliament of South Australia permits, the Crown in all its other capacities. 3—Interpretation (1) In this Act, unless the contrary intention appears— accident means an incident out of which personal injury arises and includes a motor accident; brother includes half-brother and step-brother; child includes son, daughter, grandson, granddaughter, step-son and step-daughter; consequential mental harm means mental harm that is a consequence of bodily injury to the person suffering the mental harm; Consumer Price Index means the Consumer Price Index (all groups index for Adelaide) published by the Australian Statistician under the Census and Statistics Act 1905 (Cwth); contributory negligence means a failure by a person who suffers harm to exercise reasonable care and skill for his or her own protection or for the protection of his or her own interests; damages means compensation or damages for harm and includes solatium but does not include— (a) workers compensation; or (b) compensation under a statutory scheme for compensating victims of crime; domestic partner, in relation to any cause of action arising under this Act, means— (a) a person declared under the Family Relationships Act 1975 to have been a domestic partner on the day on which the cause of action arose; or (b) a person who was in a registered relationship on the day on which the cause of action arose; drive includes ride, and driver and rider have corresponding meanings; duty of care means a duty to take reasonable care or to exercise reasonable skill (or both); harm includes loss of life, personal injury, damage to property, economic loss and loss of any other kind; health care service includes— (a) a diagnostic service; (b) a therapeutic service; (c) any other service directed at maintaining or restoring health; intoxicated—a person is intoxicated if under the influence of alcohol or a drug to the extent that the person's capacity to exercise due care and skill is impaired; medical expenses includes— (a) the fees of medical practitioners and other professional medical advisers and therapists; and (b) the cost of hospitalisation; and (c) the cost of medicines and therapeutic appliances; mental harm means impairment of a person's mental condition; motor accident means an incident in which personal injury is caused by or arises out of the use of a motor vehicle; motor vehicle means— (a) a motor vehicle as defined in the Motor Vehicles Act 1959; or (b) a vehicle operated on a railway, tramway or other fixed track or path by— (i) a person who holds a contract, licence or authority under the Passenger Transport Act 1994; or (ii) a person who holds an accreditation under the Rail Safety Act 1996; MVA motor accident means a motor accident where the motor vehicle is a motor vehicle as defined in the Motor Vehicles Act 1959; negligence means failure to exercise reasonable care and skill, and includes a breach of a tortious, contractual or statutory duty of care; non-economic loss means— (a) pain and suffering; or (b) loss of amenities of life; or (c) loss of expectation of life; or (d) disfigurement; obvious risk—see section 36; parent includes father, mother, grandfather, grandmother, step-father and step-mother; passenger compartment of a motor vehicle means a part of the vehicle designed for the carriage of passengers; personal injury or injury means bodily injury and includes— (a) mental harm; (b) death; precaution includes any action to avoid or reduce the risk of harm; prescribed discount rate means— (a) if no percentage is fixed by regulation for the purposes of this definition—5 per cent; or (b) if such a percentage is fixed by regulation—the percentage so fixed; prescribed maximum means— (a) in relation to an injury arising from an accident that occurred during 2002—$2.2 million; or (b) in relation to an injury arising from an accident that occurred in a subsequent calendar year—a sum (calculated to the nearest multiple of $10) that bears to $2.2 million the same proportion as the Consumer Price Index for the September quarter of the preceding year bears to the Consumer Price Index for the September quarter 2001; prescribed minimum means— (a) in relation to an injury arising from an accident that occurred during 2002—$2 750; or (b) in relation to an injury arising from an accident that occurred in a subsequent calendar year—a sum (calculated to the nearest multiple of $10) that bears to $2 750 the same proportion as the Consumer Price Index for the September quarter of the preceding year bears to the Consumer Price Index for the September quarter 2001; pure mental harm means mental harm other than consequential mental harm; registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act; sister includes half-sister and step-sister; spouse, in relation to any cause of action arising under this Act, means a person who was legally married to another on the day on which the cause of action arose; State average weekly earnings means the amount determined in accordance with the regulations by reference to publications of the Australian Statistician. (2) For the purposes of this Act, personal injury will arise from a motor accident if the personal injury is caused by or arises out of the use of a motor vehicle. 4—Application of Act (1) This Act is intended to apply to the exclusion of inconsistent laws of any other place to the determination of liability and the assessment of damages for harm arising from an accident occurring in this State. (2) Subsection (1) is intended to extend, and not to limit in any way, the application of this Act in accordance with its terms. (4) This Act does not affect a right to compensation under Part 4 of the Return to Work Act 2014.