commencement of section 435(2) of the Criminal Procedure Act 2009, the offence is alleged to have been committed before that commencement. _______________ Pt 1A (Heading and ss 13A–13D) inserted by No. 56/1998 s. 4. S. 13A inserted by No. 56/1998 s. 4. s. 13A 13A Application of Part This Part applies to a document published after the commencement of section 4 of the Printers and Newspapers (Repeal) Act 1998. S. 13B inserted by No. 56/1998 s. 4. 13B Definitions (1) In this Part— document means a document in paper form and includes a book, newspaper, pamphlet, leaflet, circular, advertisement, poster, magazine and other periodical publication but does not include a document consisting only of a representation of a work of art; publish, in relation to a document, means sell or distribute (whether to the public generally or to a restricted class or number of persons) or publicly display. (2) A person who, on behalf of another person, sells or distributes (whether to the public generally or to a restricted class or number of persons) or publicly displays a document does not publish the document for the purposes of this Part. S. 13C inserted by No. 56/1998 s. 4. 13C Identification of publisher
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. 14J inserted by No. 49/2002 s. 6. 14J Apology not admission of liability (1) In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology does not constitute—
(b) is made before or after the civil proceeding was in contemplation or commenced. (3) Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue. S. 14L inserted by No. 49/2002 s. 6. s. 14L 14L Application This Part applies to an apology or reduction or waiver of fees made on or after the commencement of section 6 of the Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002. _______________ S. 15 amended by No. 8602 s. 12, repealed by No. 9856 s. 2. * * * * * No. 3807 s. 15. S. 16 amended by No. 9576 s. 11(1). s. 16 16 Liability for death caused wrongfully Whensoever the death of a person is caused by a wrongful act neglect or default and the act neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured. No. 3807 s. 16. S. 17 amended by No. 9856 s. 3(a)(b). 17 Action for death caused wrongfully (1) Every such action shall be for the benefit of the dependants of the person whose death has been so caused and shall be brought by and in the name of the executor or administrator of the person
greater than the loss or damage actually suffered by the plaintiff. S. 24AL inserted by No. 60/2003 s. 3. 24AL Joining non-party concurrent wrongdoer in the action (1) Subject to subsection (2), the court may give leave for any one or more persons who are concurrent wrongdoers in relation to an apportionable claim to be joined as defendants in a proceeding in relation to that claim. (2) The court is not to give leave for the joinder of any person who was a party to any previously concluded proceeding in relation to the apportionable claim. S. 24AM inserted by No. 60/2003 s. 3. 24AM What if a defendant is fraudulent? s. 24AM Despite sections 24AI and 24AJ, a defendant in a proceeding in relation to an apportionable claim who is found liable for damages and against whom a finding of fraud is made is jointly and severally liable for the damages awarded against any other defendant in the proceeding. S. 24AN inserted by No. 60/2003 s. 3 (as amended by No. 102/2003 s. 38). 24AN Liability for contributory negligence not affected Nothing in this Part affects the operation of Part V or Division 7 of Part X. S. 24AO inserted by No. 60/2003 s. 3. 24AO Effect of Part IV Except as provided in section 24AJ, nothing in this Part affects the operation of Part IV. S. 24AP inserted by No. 60/2003 s. 3. 24AP Part not to affect other liability Nothing in this Part—
claimant means a person who makes or is entitled to make a claim for damages that relate to the injury to a person caused by the fault of another person; S. 28LB def. of Convenor amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(b)). Convenor means the Convenor or Deputy Convenor appointed under section 537 of the Workplace Injury Rehabilitation and Compensation Act 2013; 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; fault includes act or omission; S. 28LB def. of impairment inserted by No. 102/2003 s. 13(2). impairment means permanent impairment; injury means personal or bodily injury and includes— s. 28LB (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. 28LB def. of Medical Panel amended by No. 67/2013 s. 649(Sch. 9 item 36(4)(c)). Medical Panel means a Medical Panel under the Workplace Injury Rehabilitation and Compensation Act 2013;
(a) an agreement is given under Division 4 to waive the requirement for assessment in respect of the injury; or S. 28LF(3)(aa) inserted by No. 102/2003 s. 14(4). (aa) the injury is deemed under section 28LZG(10) or 28LZGA(4) to be significant injury; or (b) the court makes a determination in respect of that person under section 28LZN. Division 3—Assessment of impairment S. 28LG inserted by No. 60/2003 s. 4. s. 28LG 28LG Who can assess impairment? The assessment of degree of impairment must be made by an approved medical practitioner. S. 28LH inserted by No. 60/2003 s. 4, amended by No. 102/2003 s. 15(1)(2) (ILA s. 39B(1)). 28LH How is the degree of impairment to be assessed? (1) Subject to this Division, an approved medical practitioner must make an assessment of degree of impairment under this Part— (a) in accordance with— (i) the A.M.A. Guides; or (ii) the methods prescribed for the purposes of this Part; and (b) in accordance with operational guidelines (if any) as to the use of those Guides or methods issued by the Minister. S. 28LH(2) inserted by No. 102/2003 s. 15(2). (2) Nothing in subsection (1) prevents an assessment being made in respect of a degree of impairment of a person even if not all of the injuries to the person have stabilised. S. 28LI inserted by No. 60/2003 s. 4, substituted by No. 41/2006 s. 48. 28LI Assessment of certain impairments (1) For the purposes of assessing the degree of psychiatric impairment the A.M.A Guides apply, subject to any regulations made for the purposes
of the Air Navigation Regulations are duly complied with. No. 5704 s. 4. 31 Liability for damage by aircraft or articles falling therefrom (1) Where material loss or damage is caused to any person or property on land or water by or by a person in or by an article or person falling from an aircraft while in flight taking off or landing then, unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage shall be recoverable from the owner of the aircraft without proof of negligence or intention or other cause of action as if the loss or damage had been caused by the wilful act neglect or default of the owner: Provided that where material loss or damage is caused as aforesaid in circumstances in which— (a) damages in respect of the said loss or damage are recoverable from the owner by virtue only of the foregoing provisions of this subsection; and (b) a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage— the owner shall be entitled to be indemnified by that other person against any claim in respect of the said loss or damage. (2) Where the aircraft concerned has been bona fide demised chartered let or hired out for a period exceeding fourteen days to any other person by the owner thereof and no pilot commander navigator or operative member of the crew of the aircraft is in the employment of the owner the last preceding subsection shall have effect as if for references therein to the owner there were
(h) for any other purpose specified in the regulations for the purposes of this section. (2) For the purposes of this Part, community work does not include any work of a kind that is specified in the regulations as work that is not community work for the purposes of this Part. S. 37 inserted by No. 49/2002 s. 11. s. 37 37 Protection of volunteers from liability (1) A volunteer is not liable in any civil proceeding for anything done, or not done, in good faith by him or her in providing a service in relation to community work organised by a community organisation. (2) Any liability resulting from an act or omission that would but for subsection (1) attach to the volunteer attaches instead to the community organisation. S. 38 inserted by No. 49/2002 s. 11. 38 Exceptions to section 37(1) (1) Section 37(1) does not apply to a volunteer— (a) who knew, or who ought reasonably to have known, that at the relevant time he or she was acting— (i) outside the scope of the community work organised by the community organisation; or (ii) contrary to any instructions given by the community organisation in relation to the providing of the service; or (b) whose ability to provide the service in a proper manner was, at the relevant time, significantly impaired by alcohol or drugs.
Assent Date: 10.3.09 Commencement Date: S. 435(2) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Wrongs Act 1958 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 137) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Wrongs Act 1958 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Endnotes Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 2 item 59) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Wrongs Act 1958 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 62) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Wrongs Act 1958 Equal Opportunity Act 2010, No. 16/2010 Assent Date: 27.4.10 Commencement Date: S. 209(Sch. item 11) on 1.8.11: s. 2(4) : This information relates only to the provision/s amending the Wrongs Act 1958 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 25) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 Current State: This information relates only to the provision/s amending the Wrongs Act 1958 Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010 Assent Date: 19.10.10 Commencement Date: S. 160 on 20.10.10: s. 2(1) : This information relates only to the provision/s amending the Wrongs Act 1958 Business Names (Commonwealth Powers) Act 2011, No. 79/2011