brought under this Part in which the statement of claim or complaint is issued on or after the commencement of section 3 of that Act. __________________ Pt 2B (Heading and ss 14F–14H) inserted by No. 49/2002 s. 5. S. 14F inserted by No. 49/2002 s. 5. s. 14F 14F Common law Except as provided by section 14G, this Part is not intended to affect the rules of common law applicable to negligence. S. 14G inserted by No. 49/2002 s. 5. 14G Consideration of intoxication and illegal activity (1) This section applies to a claim for damages in respect of death or personal injury brought by a person (the plaintiff) against another person (the defendant) alleging negligence. (2) In determining whether the plaintiff has established a breach of the duty of care owed by the defendant, the court must consider, among other things— (a) whether the plaintiff was intoxicated by alcohol or drugs voluntarily consumed and the level of intoxication; (b) whether the plaintiff was engaged in an illegal activity. S. 14H inserted by No. 49/2002 s. 5. 14H Application This Part applies to claims in which the statement of claim or complaint is issued on or after the commencement of section 5 of the Wrongs and
Other Acts (Public Liability Insurance Reform) Act 2002. __________________ Pt 2C (Heading and ss 14I–14L) inserted by No. 49/2002 s. 6. S. 14I inserted by No. 49/2002 s. 6. s. 14I 14I Definitions In this Part— apology means an expression of sorrow, regret or sympathy but does not include a clear acknowledgment of fault; S. 14I def. of civil proceeding amended by No. 69/2009 s. 54(Sch. Pt 2 item 59). civil proceeding includes— (a) a proceeding before a tribunal; and (b) a proceeding under an Act regulating the practice or conduct of a profession or occupation; and (c) an inquiry by a board appointed or by a commission of inquiry issued under Division 5 of Part I of the Evidence (Miscellaneous Provisions) Act 1958; injury means personal or bodily injury and includes— (a) pre-natal injury; and (b) psychological or psychiatric injury; and (c) disease; and (d) aggravation, acceleration or recurrence of an injury or disease.
S. 24(2C) inserted by No. 10227 s. 5(b). (2C) Nothing in subsection (2B) applies to a settlement or compromise of a claim of a minor or person of unsound mind that has been approved by the court. S. 24(3) amended by Nos 10227 s. 8(c)(ii), 57/1989 s. 3(Sch. item 223.5(a)(b)). (3) No execution for the recovery of contribution under section 23B shall issue without the leave of the court. Upon application for such leave the court may direct that payment to the original plaintiff shall be sufficient satisfaction of the order for contribution. S. 24(4) substituted by No. 8330 s. 3(1)(a), amended by No. 10227 s. 6(a). s. 24 (4) Notwithstanding any provision in any statute requiring a notice to be given before action or prescribing the period within which an action may be brought, where under section 23B any person becomes entitled to a right to recover contribution in respect of any damage from any other person, proceedings to recover contribution by virtue of that right may be commenced by the person— (a) at any time within the period— S. 24(4)(a)(i) amended by No. 10227 s. 6(b). (i) within which the action against the first-mentioned person might have been commenced; or S. 24(4)(a)(ii) amended by No. 10227 s. 6(b). (ii) within the period of twelve months after the writ in the action against the first-mentioned person was served on him— whichever is the longer; or S. 24(4)(b) amended by No. 10227 s. 6(c)(d). (b) where another person liable in respect of that damage, within the period within which the action against him might have been commenced or within twelve months after the writ in the action was served on him, serves a writ on the first-mentioned person seeking to recover contribution in respect of that damage from the first-mentioned
circumstances but nothing in this Part shall affect— (a) any express or implied contractual or other right to indemnity; or (b) any express contractual provision regulating or excluding contribution— which would be enforceable apart from this Part or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from this Part. (5) Nothing in this Part shall— (a) affect any criminal proceedings against any person in respect of any wrongful act; or S. 24AD(5)(b) amended by No. 57/1989 s. 3(Sch. item 223.6). (b) affect the operation of sections 45 to 47 of the Supreme Court Act 1986. s. 24AD __________________ Pt IVAA (Heading and ss inserted by No. 60/2003 s. 3. S. 24AE inserted by No. 60/2003 s. 3 (as amended by No. 102/2003 s. 36). 24AE Definitions s. 24AE In this Part— apportionable claim means a claim to which this Part applies; court includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined;
Note to s. 26 inserted by No. 102/2003 s. 7(2). Note Division 7 of Part X also contains provisions relating to contributory negligence. S. 27 repealed by No. 9683 s. 8, new s. 27 inserted by No. 75/2000 s. 7. s. 27 27 Supreme Court—limitation of jurisdiction It is the intention of section 26, as amended by the Wrongs (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975. No. 5594 s. 5. 28 Non-application of this Part S. 28(1) amended by No. 57/1989 s. 3(Sch. item 223.7). s. 28 (1) This Part shall not apply to any claim to which section 45 of the Supreme Court Act 1986 applies and that Act shall have effect with respect to any such claim as if this Act had not passed. (2) This Part shall not apply to any case where the acts or omissions giving rise to the claim occurred before the passing of the Wrongs (Contributory Negligence) Act 1951. S. 28AA inserted by No. 75/2000 s. 8. 28AA Transitional provision (1) Subject to subsection (2), the amendments to this Part made by sections 4, 5 and 6 of the Wrongs (Amendment) Act 2000 must be taken to apply to wrongs that occurred before the commencement of that Act as if those amendments had been in force when the wrong occurred. (2) This Part, as in force before the commencement of the Wrongs (Amendment) Act 2000, continues to apply to a wrong about which— (a) a court has, before that commencement, given judgment or made a decision (including a judgment or decision about liability only), whether or not an appeal has been made against that judgment or decision
S. 28LZA(3) amended by No. 102/2003 s. 28(3). (3) The Medical Panel may refuse to proceed to consider a medical question if it is not provided with the documents required under subsection (1) or requested under subsection (2). S. 28LZA(4) substituted by No. 102/2003 s. 28(4). (4) A respondent is deemed to have accepted the assessment in the certificate of assessment if the respondent— (a) fails to provide the Medical Panel with the information and documents required under subsection (1) within 30 days after being requested in writing to do so by the Convenor; or (b) fails to provide any documents requested under subsection (2) within 30 days after that request. (5) The Convenor must notify the claimant in writing within 7 days of a deemed acceptance under subsection (4). S. 28LZB inserted by No. 60/2003 s. 4. 28LZB What if there is more than one referral in relation to an assessment? The Convenor may direct that referrals by 2 or more respondents to the Medical Panel that concern the same assessment be consolidated. S. 28LZC inserted by No. 60/2003 s. 4, amended by No. 102/2003 s. 29 (ILA s. 39B(1)). 28LZC What can a Medical Panel ask a claimant to do? (1) A Medical Panel may ask a claimant— s. 28LZB (a) to meet with the Panel and answer questions; (b) to supply to the Panel copies of all documents in the possession of the claimant that relate to the medical question; (c) to submit to a medical examination by the Panel or by a member of the Panel. S. 28LZC(2) inserted by No. 102/2003 s. 29. (2) A request under this section must be made within 30 days after the medical question is referred to the Medical Panel.
(d) the last date on which the Medical Panel receives any documents requested under section 28LZC(1)(b). S. 28LZF inserted by No. 60/2003 s. 4. 28LZF Protection of information given to Medical Panel Information given to a Medical Panel cannot be used in any civil or criminal proceeding in any court, other than a proceeding— S. 28LZF(a) amended by No. 102/2003 s. 24. (a) relating to the claim for which the determination is sought; or (b) for an offence against the Crimes Act 1958 which arises in connection with the claim. S. 28LZG inserted by No. 60/2003 s. 4, substituted by No. 102/2003 s. 31. 28LZG Determination of Panel s. 28LZG (1) A Medical Panel must not determine the degree of impairment of a person unless it has made an assessment of the degree of impairment in accordance with Division 3. (2) After making the assessment, the Medical Panel must give the claimant and the respondent— (a) its determination of the medical question in accordance with subsection (4); or (b) its certificate, in accordance with subsection (5), that it is unable to determine the medical question but that it is satisfied that the degree of impairment will satisfy the threshold level when the injury has stabilised; or (c) its certificate that it is unable to determine the medical question and a statement of the time fixed for further assessment of the person under subsection (6). (3) The Medical Panel must give the determination or certificate—
S. 79 inserted by No. 102/2003 s. 3. 79 Definitions s. 79 In this Part— damages includes any form of monetary compensation; exercise in relation to a function includes perform a duty; function includes a power, authority or duty; negligence means failure to exercise reasonable care; S. 79 def. of public authority amended by No. 108/2004 s. 117(1) (Sch. 3 item 237.3). public authority means— (a) the Crown; (b) a public service body within the meaning of the Public Administration Act 2004; (c) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; (d) a Council within the meaning of the Local Government Act 1989; (e) a body established or appointed for a public purpose by the Governor in Council or by a Minister, otherwise than under an Act; (f) a person holding an office or position established by or under an Act; (g) a person holding an office or position to which he or she was appointed by the Governor in Council or a Minister otherwise than under an Act;
Assent Date: 30.5.78 Commencement Date: 1.9.78: Government Gazette 12.7.78 p. 2279 : All of Act in operation Wrongs (Defamation) Act 1979, No. 9292/1979 Assent Date: 23.10.79 Commencement Date: 23.10.79: s. 1(3) : All of Act in operation Wrongs (Assessment of Damages) Act 1979, No. 9353/1979 Assent Date: 20.12.79 Commencement Date: 20.12.79 : All of Act in operation Crimes (Classification of Offences) Act 1981, No. 9576/1981 Assent Date: 26.5.81 Commencement Date: 1.9.81: Government Gazette 26.8.81 p. 2799 : All of Act in operation Workers Compensation (Actions) Act 1981, No. 9683/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Endnotes Wrongs (Defamation) Act 1981, No. 9708/1981 Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Wrongs (Dependants) Act 1982, No. 9856/1982 Assent Date: 5.1.83 Commencement Date: 21.12.82: s. 1(3) (same day as Administration and Probate (Survival of Actions) Act 1982) : All of Act in operation Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983 Assent Date: 10.5.83 Commencement Date: 11.5.83: Government Gazette 11.5.83 p. 1145 : All of Act in operation Penalties and Sentences (Amendment) Act 1983, No. 9945/1983 Assent Date: 20.9.83 Commencement Date: S. 3(3)(Sch. 2 item 42) on 20.12.83: Government Gazette 14.12.83 p. 4035 : This information relates only to the provision/s amending the Wrongs Act 1958 Occupiers' Liability Act 1983, No. 9995/1983 Assent Date: 13.12.83 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2120 : All of Act in operation Wrongs (Animals Straying on Highways) Act 1984, No. 10078/1984