39EWhen is conduct *negligent*?

39E When is conduct *negligent*? (1) Conduct is ***negligent*** for the purposes of this Part if it involves— (a) a great falling short of the standard of care that would have been taken by a reasonable person in the circumstances in which the conduct was engaged in; and (b) a high risk of— (i) death; or (ii) serious injury; or (iii) serious illness. (2) In determining whether conduct engaged in by a body corporate is ***negligent*** for the purposes of this Part— (a) what matters is the conduct engaged in by the body corporate itself; and (b) it does not matter whether the conduct is, or is not, conduct imputed to the body corporate under section 143; and (c) it does not matter whether any of the body corporate's officers were involved in all or any part of the conduct; and (d) the standard to be applied under subsection (1)(a) is the standard of care that would have been taken by a reasonable body corporate in the circumstances in which the conduct was engaged in. S 39F inserted by No. 50/2019 s. 3.