CIVIL LIABILITY ACT 2002

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 3A Damages excluded from Act
 
• 4 Varying amounts to reflect award rate changes
 
• 4A Limited contracting out
 
• 5 Act binds Crown

PART 1A -- Liability for harm caused by the fault of a person

Division 1 -- Preliminary  

• 5A Application of PART

Division 2 -- Duty of care  

• 5B General principles

Division 3 -- Causation  

• 5C General principles
 
• 5D Onus of proof

Division 4 -- Recreational activities  

• 5E Terms used
 
• 5F Term used: obvious risk
 
• 5G Application of Division
 
• 5H No liability for harm from obvious risks of dangerous recreational activities
 
• 5I No liability for recreational activity where risk warning
 
• 5J Waiver of contractual duty of care for recreational activities

Division 5 -- Contributory negligence  

• 5K Standard of contributory negligence
 
• 5L Presumption if person who suffers harm is intoxicated

Division 6 -- Assumption of risk  

• 5M Term used: obvious risk
 
• 5N Injured person presumed to be aware of obvious risk
 
• 5O No duty to warn of obvious risk
 
• 5P No liability for harm from inherent risk

Division 7 -- Professional negligence  

• 5PA Term used: health professional
 
• 5PB Standard of care for health professionals

PART 1B -- Mental harm  

• 5Q Terms used
 
• 5R Application of Part
 
• 5S Mental harm: duty of care
 
• 5T Liability for pecuniary loss for consequential mental harm

PART 1C -- Liability relating to public function  

• 5U Terms used
 
• 5V Application of Part
 
• 5W Principles concerning resources, responsibilities etc. of public body or officer
 
• 5X Policy defence
 
• 5Y Proceedings against public body or officer based on breach of statutory duty
 
• 5Z Special protection for road authorities
 
• 5AA Exercise of function or decision to exercise does not create duty

PART 1CA -- Liability relating to emergency medical assistance given to enrolled children  

• 5AAA Terms used
 
• 5AAB Application of this Part
 
• 5AAC Protection of staff members
 
• 5AAD Exclusion from protection

PART 1D -- Good samaritans  

• 5AB Terms used
 
• 5AC Application of this Part
 
• 5AD Protection of good samaritans
 
• 5AE Exclusion from protection

PART 1E -- Apologies  

• 5AF Term used: apology
 
• 5AG Application of this Part
 
• 5AH Effect of apology on liability

PART 1F -- Proportionate liability  

• 5AI Terms used
 
• 5AJ Application of Part
 
• 5AJA Certain concurrent wrongdoers not to have benefit of apportionment
 
• 5AK Proportionate liability for apportionable claims
 
• 5AKA Duty of defendant to inform plaintiff about concurrent wrongdoers
 
• 5AL Contribution not recoverable from defendant
 
• 5AM Subsequent actions
 
• 5AN Joining non-party concurrent wrongdoers in action
 
• 5AO Part does not prevent other liability or operation of other Act

PART 2 -- Awards of personal injury damages

Division 1 -- Preliminary  

• 6 Application of this PART
 
• 7 Court awards constrained
 
• 8 Act does not give rise to any cause of action

Division 2 -- Damages for non-pecuniary loss (general damages)  

• 9 Restrictions on damages for non-pecuniary loss (general damages)
 
• 10 Amount A and Amount C
 
• 10A Tariffs for damages for non-pecuniary loss

Division 3 -- Fixing damages for pecuniary loss  

• 11 Damages for loss of earnings
 
• 12 Damages for provision of home care services
 
• 13 Amount B
 
• 13A Restrictions on damages if payments received under CISS

Division 4 -- Structured settlements  

• 14 Term used: structured settlement
 
• 15 Consent order for structured settlement

PART 2A -- Child sexual abuse actions

Division 1 -- Preliminary  

• 15A Terms used

Division 2 -- Liability of certain office holders and institutions, and availability of assets  

• 15B Liability of current office holder in unincorporated institution
 
• 15C Assets available for judgments and settlements: office holders
 
• 15D Liability of incorporated institution that was unincorporated at time of abuse
 
• 15E Assets available for judgments and settlements: institutions
 
• 15F Continuity of institutions: institution substantially the same
 
• 15G Continuity of institutions: no institution the same or substantially the same
 
• 15H Continuity of offices
 
• 15I Accrual of certain child sexual abuse causes of action
 
• 15J Displacement of Corporations legislation

Division 3 -- Prior compensation payments  

• 15K Prior compensation payments taken into account

Division 4 -- Caps on legal fees  

• 15L Caps on legal fees

Division 5 -- Review of Part 2A  

• 15M Review of Part

PART 3 -- Advertising legal services relating to personal injury and touting  

• 16 Terms used
 
• 17 Restriction on advertising legal services relating to personal injury
 
• 18 Allowed publication
 
• 19 Prohibition on touting at scene of incidents or at any time
 
• 20 Prohibition against paying, or seeking payment, for touting
 
• 21 Consequences if person approved under an Act is convicted under s. 19 or

PART 4 -- Other matters  

• 22 Regulations
Defined terms
• Compilation table