South Australia
Civil Liability Act 1936
An Act to consolidate certain Acts relating to wrongs.

Contents
Part 1—Preliminary
1	Short title
2	Act to bind the Crown
3	Interpretation
4	Application of Act
Part 3—Liability for animals
18	Liability for animals
Part 4—Occupiers liability
19	Interpretation
20	Occupier's duty of care
21	Landlord's liability limited to breach of duty to repair
22	Exclusion of conflicting common law principles
Part 5—Wrongful acts or neglect causing death
23	Liability for death caused wrongfully
24	How to bring action etc
25	Restriction of actions and time of commencement
26	Particulars of person for whom damages claimed
27	Provision where no executor or administrator or action not commenced within 6 months
28	Liability to parents of person wrongfully killed
29	Liability to surviving spouse or domestic partner of person wrongfully killed
30	Further provisions as to solatium etc
Part 6—Negligence
Division 1—Duty of care
31	Standard of care
32	Precautions against risk
33	Mental harm—duty of care
Division 2—Causation
34	General principles
35	Burden of proof
Division 3—Assumption of risk
36	Meaning of obvious risk
37	Injured persons presumed to be aware of obvious risks
38	No duty to warn of obvious risk
39	No liability for materialisation of inherent risk
Division 4—Negligence on the part of persons professing to have a particular skill
40	Standard of care to be expected of persons professing to have a particular skill
41	Standard of care for professionals
Division 5—Liability of road authorities
42	Liability of road authorities
Division 6—Exclusion of liability for criminal conduct
43	Exclusion of liability for criminal conduct
Part 7—Contributory negligence
44	Standard of contributory negligence
45	Contributory negligence in cases brought on behalf of dependants of deceased person
46	Presumption of contributory negligence where injured person intoxicated
47	Presumption of contributory negligence where injured person relies on care and skill of person known to be intoxicated
48	Evidentiary provision relating to intoxication
49	Non-wearing of seatbelt etc
50	How case is dealt with where damages are liable to reduction on account of contributory negligence
Part 8—Damages for personal injury
51	Application of this Part
52	Damages for non-economic loss
53	Damages for mental harm
54	Damages for loss of earning capacity
55	Lump sum compensation for future losses
56	Exclusion of interest on damages compensating non-economic loss or future loss
57	Exclusion of damages for cost of management or investment
58	Damages in respect of gratuitous services
Part 9—Miscellaneous
Division 1—Rights as between employer and employee
59	Rights as between employer and employee
Division 2—Remedies against certain shipowners
60	Remedy against shipowners and others for injuries
Division 3—Damage by aircraft
61	Damage by aircraft
62	Exclusion of liability for trespass or nuisance
Division 4—Abolition of rule of common employment
63	Abolition of rule of common employment
Division 5—Actions in tort relating to spouses and domestic partners
64	Abolition of rule as to unity of spouses
65	Spouse or domestic partner may claim for loss or impairment of consortium
66	Damages where injured spouse or domestic partner participated in business
Division 6—Limitation on the award of damages for the costs of raising a child
67	Limitation on the award of damages for the costs of raising a child
Division 7—Abolition of actions of seduction, enticement and harbouring
68	Abolition of actions for enticement, seduction and harbouring
Division 8—Unreasonable delay in resolution of claim
69	Definitions
70	Damages for unreasonable delay in resolution of a claim
71	Regulations
Division 9—Liability for perjury in civil actions
72	Liability for perjury in civil actions
Division 10—Racial victimisation
73	Racial victimisation
Division 11—Good samaritans
74	Good samaritans
Division 11A—Food donors and distributors
74A	Food donors and distributors
Division 12—Expressions of regret
75	Expressions of regret
Legislative history

The Parliament of South Australia enacts as follows:
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
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 person declared under the Family Relationships Act 1975 to have been a domestic partner 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 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;
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;
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.
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 the Workers Rehabilitation and Compensation Act 1986.

Part 3—Liability for animals
18—Liability for animals
	(1)	Subject to this section, liability for injury, damage or loss caused by an animal shall be determined in accordance with the principles of the law of negligence.
	(2)	In determining the standard of care to be exercised in relation to the keeping, management and control of an animal, a court shall take into account—
	(a)	the nature and disposition of the animal (which shall be determined according to the facts of the particular case and not according to any legal categorisation); and
	(b)	any other relevant matters.
	(3)	It is not necessary for a person seeking damages for injury, damage or loss caused by an animal to establish prior knowledge on the part of any other person of a vicious, dangerous or mischievous propensity of the animal.
	(4)	In any proceedings relating to injury, damage or loss caused by an animal, it shall not be a circumstance of excuse, mitigation or justification that the injury, damage or loss was caused by reason of the animal straying onto a public street or road.
	(5)	In an action arising from injury, damage or loss caused by an animal to an employee, it shall not be presumed that the employee voluntarily assumed risks attendant upon his employment that may have arisen from working in proximity to animals.
	(6)	A court in determining whether a reasonable standard of care was exercised in a particular case shall take into account measures taken—
	(a)	for the custody and control of the animal; and
	(b)	to warn against any vicious, dangerous or mischievous propensity that it might exhibit.
	(7)	Notwithstanding subsection (6), the fact that in a particular case no measures were taken for the custody and control of an animal, or to warn against any vicious, dangerous or mischievous propensity that it might exhibit, does not necessarily show that a reasonable standard of care was not exercised.
	(8)	Where a person incites, or knowingly permits, an animal to cause injury, damage or loss to another, he shall be liable in trespass for that injury, damage or loss.
	(9)	Subject to subsection (10), this section operates to the exclusion of any other principles upon which liability for injury, damage or loss caused by an animal would, but for this subsection, be determined in tort.
	(10)	This section—
	(a)	does not affect an action in nuisance where an animal is the cause of, or involved in, the nuisance; and
	(b)	does not derogate from any other statutory right or remedy; and
	(c)	does not affect any cause of action that arose before the commencement of the Wrongs Act Amendment Act 1983.

Part 4—Occupiers liability
19—Interpretation
In this Part, unless the contrary intention appears—
dangerous includes unsafe;
landlord includes a landlord under a statutory tenancy;
occupier of premises means a person in occupation or control of the premises, and includes a landlord;
premises means—
	(a)	land; or
	(b)	a building or structure (including a moveable building or structure); or
	(c)	a vehicle (including an aircraft or a ship, boat or vessel).
20—Occupier's duty of care
	(1)	Subject to this Part, the liability of the occupier of premises for injury, damage or loss attributable to the dangerous state or condition of the premises shall be determined in accordance with the principles of the law of negligence.
	(2)	In determining the standard of care to be exercised by the occupier of premises, a court shall take into account—
	(a)	the nature and extent of the premises; and
	(b)	the nature and extent of the danger arising from the state or condition of the premises; and
	(c)	the circumstances in which the person alleged to have suffered injury, damage or loss, or the property of that person, became exposed to that danger; and
	(d)	the age of the person alleged to have suffered injury, damage or loss, and the ability of that person to appreciate the danger; and
	(e)	the extent (if at all) to which the occupier was aware, or ought to have been aware, of—
	(i)	the danger; and
	(ii)	the entry of persons onto the premises; and
	(f)	the measures (if any) taken to eliminate, reduce or warn against the danger; and
	(g)	the extent (if at all) to which it would have been reasonable and practicable for the occupier to take measures to eliminate, reduce or warn against the danger; and
	(h)	any other matter that the court thinks relevant.
	(3)	The fact that an occupier has not taken any measures to eliminate, reduce or warn against a danger arising from the state or condition of premises does not necessarily show that the occupier has failed to exercise a reasonable standard of care.
	(4)	Subject to any Act or law to the contrary, an occupier's duty of care may be reduced or excluded by contract but no contractual reduction or exclusion of the duty affects the rights of any person who is a stranger to the contract.
	(5)	Where an occupier is, by contract or by reason of some other Act or law, subject to a higher standard of care than would be applicable apart from this subsection, the question of whether the occupier is liable for injury, damage or loss shall be determined by reference to that higher standard of care.
	(6)	An occupier owes no duty of care to a trespasser unless—
	(a)	the presence of trespassers on the premises, and their consequent exposure to danger, were reasonably foreseeable; and
	(b)	the nature or extent of the danger was such that measures which were not in fact taken should have been taken for their protection.
21—Landlord's liability limited to breach of duty to repair
The liability under this Part of a landlord who is not in occupation of premises is limited to injury, damage or loss arising from—
	(a)	an act or omission on the part of the landlord in carrying out an obligation to maintain or repair the premises; or
	(b)	a failure on the part of the landlord to carry out an obligation to maintain or repair the premises.
22—Exclusion of conflicting common law principles
	(1)	Subject to subsection (2), this Part operates to the exclusion of any other principles on which liability for injury, damage or loss attributable to the state or condition of premises would, but for this Part, be determined in tort.
	(2)	This Part does not apply to a case where an occupier causes a dangerous state or condition of premises, or allows premises to fall into a dangerous state or condition, intending to cause injury, damage or loss to another.

Part 5—Wrongful acts or neglect causing death
23—Liability for death caused wrongfully
Whenever 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, 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, and although the death was caused under such circumstances as amount in law to an indictable offence.
24—How to bring action etc
	(1)	Every such action shall be for the benefit of the spouse, domestic partner, parent, brother, sister and child 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 deceased.
	(2)	In every such action, the court may, subject to this Act, give such damages as it thinks proportioned to the harm resulting from the death to the parties respectively for whom and for whose benefit the action is brought.
	(2a)	In any such action in respect of the death of any person after the passing of the Wrongs Act Amendment Act 1939 damages may be awarded in respect of any medical expenses incurred as a result of the injury causing the death and the funeral expenses of the deceased person if such expenses have been incurred by the parties for whose benefit the action is brought.
	(2aa)	In assessing damages under this section in any action based on a death occurring after the passing of the Wrongs Act Amendment Act 1956 there shall not be taken into account—
	(a)	any sum paid or payable on the death of the deceased under any contract of assurance or insurance, whether made before or after the passing of the said Act;
	(b)	any sum paid or payable consequent on the death of the deceased person as a gratuity to any person for whose benefit the action is brought;
	(c)	any superannuation payments or benefits consequent upon the death of the deceased person;
	(d)	any sum paid or payable consequent upon the death of the deceased person under any contributory medical hospital death or funeral benefit scheme;
	(e)	any sum paid or payable as a social service benefit or pension by the Governments of the Commonwealth of Australia, or the United Kingdom, or the State of South Australia to or in respect of any person for whose benefit the action is brought;
	(f)	any sum recovered or recoverable for the benefit of the estate of the deceased under section 3(2) of the Survival of Causes of Action Act 1940 (which permits the recovery of damages for certain kinds of non-economic loss where the deceased dies of a dust-related condition).
	(3)	The amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the court finds and directs.
	(4)	Where a deceased person is survived by a spouse and a domestic partner, the action shall, subject to this section, be brought for the benefit of both.
	(5)	An action need not be brought under this section for the benefit of a person who has, by notice in writing served upon the executor or administrator of the deceased, renounced the benefit of this section.
	(6)	Where the court considers it appropriate that any person for whose benefit an action lies under this section should present an independent claim for the benefit of an action under this section, it may permit or require that person to appear or be represented in the proceedings in all respects as if he were a separate party to the proceedings.
	(7)	No action lies against the executor or administrator for failing to bring an action for the benefit of a domestic partner if he brings the action without notice of the claim of the domestic partner under this section, but the interest of any such domestic partner in the action shall be recognised by the court if application for recognition is made to the court before the proceedings are finally determined.
25—Restriction of actions and time of commencement
Not more than one action shall lie under this Part for and in respect of the same subject matter of complaint; and every such action shall be commenced within three years after the death of the deceased person.
26—Particulars of person for whom damages claimed
In every such action the plaintiff shall be required to deliver to the defendant or his solicitor, full particulars of the person or persons for whom and on whose behalf the action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.
27—Provision where no executor or administrator or action not commenced within 6 months
	(1)	In any case falling under section 23, if there is no executor or administrator of the deceased person or, there being such an executor or administrator, no action is commenced under this Part within six months after the death of the deceased person, then an action may be brought by and in the name or names of the person or all or any of the persons for whose benefit an action could have been brought under this Part by an executor or administrator of the deceased person.
	(2)	Every action brought under this section shall be for the benefit of the same persons and shall be subject to the same regulations and procedure as nearly as may be as if brought by or in the name of an executor or administrator of the deceased person.
28—Liability to parents of person wrongfully killed
	(1)	Whenever the death of an infant 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 infant to maintain an action to recover damages, the person who would have been liable if death had not ensued shall be liable to pay to the surviving parents or parent of the child such sum—
	(a)	where the death occurred before the commencement of the Wrongs Act Amendment Act 1974—not exceeding one thousand dollars; or
	(b)	where the death occurred after the commencement of the Wrongs Act Amendment Act 1974—not exceeding $10 000,
as the court thinks just by way of solatium for the suffering caused to the parents or parent by the death of the child.
	(2)	Where both parents bring an action to recover any sum of money payable under this section, the amount recovered after deducting the costs not recovered from the defendant, shall be divided between the parents in such shares as the court directs.
	(3)	Where both parents survive the child and either of them does not join in bringing an action under this section, the other may bring an action for such amount as he claims to be due to him or her.
	(4)	In this section—
parent means the father or mother of a child.
29—Liability to surviving spouse or domestic partner of person wrongfully killed
	(1)	Whenever 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 that person to maintain an action to recover damages, the person who would have been liable if death had not ensued shall be liable to pay to the surviving spouse or domestic partner of the deceased person such sum—
	(a)	where the death occurred before the commencement of the Wrongs Act Amendment Act 1974—not exceeding one thousand four hundred dollars; or
	(b)	where the death occurred after the commencement of the Wrongs Act Amendment Act 1974—not exceeding $10 000,
as the court thinks just by way of solatium for the suffering caused to the spouse or domestic partner by that death.
	(2)	Where the deceased person is survived by a spouse and a domestic partner, they may both claim solatium under this section, but the total amount awarded by way of solatium in any such case shall not exceed the amount that could have been awarded if the deceased had been survived by a single spouse or domestic partner.
	(3)	Where, in any proceedings under this section, a spouse and a domestic partner both claim solatium under this section, any solatium awarded by the court shall be apportioned between the claimants in such manner as the court thinks just.
	(4)	In proceedings for solatium by a spouse, it is not necessary for the court to inquire if the deceased was also survived by a domestic partner (but a domestic partner may, at any time before the proceedings are finally determined, apply to the court to be joined as a party to the proceedings).
30—Further provisions as to solatium etc
	(1)	The rights conferred by sections 28 and 29 shall be in addition to and not in derogation of any rights conferred on the parent, spouse or domestic partner by any other provision of this Act.
	(2)	In an action brought to enforce any right given under section 28 or 29 the court may in its discretion refuse to order the payment of any sum by way of solatium if, having regard to the conduct of the plaintiff in relation to the deceased person, or to the relations which existed between the plaintiff and the deceased person, or for any other sufficient reason, it considers that no such payment should be made.
	(3)	Any cause of action conferred on any person by section 28 or 29 shall not, on the death of that person, survive for the benefit of his estate.
	(4)	A cause of action conferred on a person by section 28 or 29 is exercisable notwithstanding that the death of the person injured by the wrongful act, neglect or default was caused in circumstances which in law amount to an indictable offence.

Part 6—Negligence
Division 1—Duty of care
31—Standard of care
	(1)	For determining whether a person (the defendant) was negligent, the standard of care required of the defendant is that of a reasonable person in the defendant's position who was in possession of all information that the defendant either had, or ought reasonably to have had, at the time of the incident out of which the harm arose.
	(2)	The reasonable person in the defendant's position will be taken to be sober unless—
	(a)	the defendant was intoxicated; and
	(b)	the intoxication was wholly attributable to the use of drugs in accordance with the prescription or instructions of a medical practitioner; and
	(c)	the defendant was complying with the instructions and recommendations of the medical practitioner and the manufacturer of the drugs as to what he or she should do, or avoid doing, while under the influence of the drugs,
and, in that event, the reasonable person will be taken to be intoxicated to the same extent as the defendant.
32—Precautions against risk
	(1)	A person is not negligent in failing to take precautions against a risk of harm unless—
	(a)	the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known); and
	(b)	the risk was not insignificant; and
	(c)	in the circumstances, a reasonable person in the person's position would have taken those precautions.
	(2)	In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things):
	(a)	the probability that the harm would occur if precautions were not taken;
	(b)	the likely seriousness of the harm;
	(c)	the burden of taking precautions to avoid the risk of harm;
	(d)	the social utility of the activity that creates the risk of harm.
33—Mental harm—duty of care
	(1)	A person (the defendant) does not owe a duty to another person (the plaintiff ) to take care not to cause the plaintiff mental harm unless a reasonable person in the defendant's position would have foreseen that a person of normal fortitude in the plaintiff's position might, in the circumstances of the case, suffer a psychiatric illness.
	(2)	For the purposes of this section—
	(a)	in a case of pure mental harm, the circumstances of the case to which the court is to have regard include the following:
	(i)	whether or not the mental harm was suffered as the result of a sudden shock;
	(ii)	whether the plaintiff witnessed, at the scene, a person being killed, injured or put in peril;
	(iii)	the nature of the relationship between the plaintiff and any person killed, injured or put in peril;
	(iv)	whether or not there was a pre-existing relationship between the plaintiff and the defendant;
	(b)	in a case of consequential mental harm, the circumstances of the case include the nature of the bodily injury out of which the mental harm arose.
	(3)	This section does not affect the duty of care of a person (the defendant) to another (the plaintiff) if the defendant knows, or ought reasonably to know, that the plaintiff is a person of less than normal fortitude.

Division 2—Causation
34—General principles
	(1)	A determination that negligence caused particular harm comprises the following elements:
	(a)	that the negligence was a necessary condition of the occurrence of the harm (factual causation); and
	(b)	that it is appropriate for the scope of the negligent person's liability to extend to the harm so caused (scope of liability).
	(2)	Where, however, a person (the plaintiff) has been negligently exposed to a similar risk of harm by a number of different persons (the defendants) and it is not possible to assign responsibility for causing the harm to any one or more of them—
	(a)	the court may continue to apply the principle under which responsibility may be assigned to the defendants for causing the harm1; but
	(b)	the court should consider the position of each defendant individually and state the reasons for bringing the defendant within the scope of liability.
	(3)	For the purpose of determining the scope of liability, the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party.
Note—
1	See Fairchild v Glenhaven Funeral Services Ltd  [2002] 3 WLR 89.
35—Burden of proof
In determining liability for negligence, the plaintiff always bears the burden of proving, on the balance of probabilities, any fact relevant to the issue of causation.

Division 3—Assumption of risk
36—Meaning of obvious risk
	(1)	For the purposes of this Division, an obvious risk to a person who suffers harm is a risk that, in the circumstances, would have been obvious to a reasonable person in the position of that person.
	(2)	Obvious risks include risks that are patent or matters of common knowledge.
	(3)	A risk may be obvious even though it is of low probability.
37—Injured persons presumed to be aware of obvious risks
	(1)	If, in an action for damages for negligence, a defence of voluntary assumption of risk (volenti non fit injuria) is raised by the defendant and the risk is an obvious risk, the plaintiff is taken to have been aware of the risk unless the plaintiff proves, on the balance of probabilities, that he or she was not actually aware of the risk.
	(2)	For the purposes of this section, a person is aware of a risk if the person is aware of the type or kind of risk, even if the person is not aware of the precise nature, extent or manner of occurrence of the risk.
	(3)	However, in order to establish a defence of voluntary assumption of risk, it is necessary to establish that the risk was such that a reasonable person in the plaintiff's position would have taken steps (which the plaintiff did not in fact take) to avoid it.
38—No duty to warn of obvious risk
	(1)	A person (the defendant) does not owe a duty of care to another person (the plaintiff) to warn of an obvious risk to the plaintiff.
	(2)	Subsection (1) does not apply if—
	(a)	the plaintiff has requested advice or information about the risk from the defendant; or
	(b)	the defendant is required to warn the plaintiff of the risk by a written law; or
	(c)	the risk is a risk of death or of personal injury to the plaintiff from the provision of a health care service by the defendant.
	(3)	Subsection (2) does not give rise to a presumption of a duty to warn of a risk in the circumstances referred to in that subsection.
39—No liability for materialisation of inherent risk
	(1)	A person is not liable in negligence for harm suffered by another person as a result of the materialisation of an inherent risk.
	(2)	An inherent risk is a risk of something occurring that cannot be avoided by the exercise of reasonable care and skill.
	(3)	This section does not operate to exclude liability in connection with a duty to warn of a risk.

Division 4—Negligence on the part of persons professing to have a particular skill
40—Standard of care to be expected of persons professing to have a particular skill
In a case involving an allegation of negligence against a person (the defendant) who holds himself or herself out as possessing a particular skill, the standard to be applied by a court in determining whether the defendant acted with due care and skill is, subject to this Division, to be determined by reference to—
	(a)	what could reasonably be expected of a person professing that skill; and
	(b)	the relevant circumstances as at the date of the alleged negligence and not a later date.
41—Standard of care for professionals
	(1)	A person who provides a professional service incurs no liability in negligence arising from the service if it is established that the provider acted in a manner that (at the time the service was provided) was widely accepted in Australia by members of the same profession as competent professional practice.
	(2)	However, professional opinion cannot be relied on for the purposes of this section if the court considers that the opinion is irrational.
	(3)	The fact that there are differing professional opinions widely accepted in Australia by members of the same profession does not prevent any one or more (or all) of those opinions being relied on for the purposes of this section.
	(4)	Professional opinion does not have to be universally accepted to be considered widely accepted.
	(5)	This section does not apply to liability arising in connection with the giving of (or the failure to give) a warning, advice or other information in respect of a risk of death of or injury associated with the provision of a health care service.

Division 5—Liability of road authorities
42—Liability of road authorities
	(1)	A road authority is not liable in tort for a failure—
	(a)	to maintain, repair or renew a road; or
	(b)	to take other action to avoid or reduce the risk of harm that results from a failure to maintain, repair or renew a road.
	(2)	In this section—
road means a street, road or thoroughfare to which public access is available to vehicles or pedestrians (or both), and includes—
	(a)	a bridge, viaduct, busway (including the O-Bahn) or subway;
	(b)	an alley, laneway or walkway;
	(c)	a carpark;
	(d)	a footpath;
	(e)	a structure associated with a road;
road authority means—
	(a)	a body or person in which the ownership of a road is vested by statute, or to which the care, control and management of a road is assigned by statute; or
	(b)	if the road is on land of the Crown—the Crown or the Minister responsible for the care, control and management of the land; or
	(c)	any other public authority or public body that is in fact responsible for the care, control and management of a road;
vehicle includes—
	(a)	a motor vehicle;
	(b)	a bicycle;
	(c)	an animal that is being ridden;
	(d)	an animal that is being used to draw a vehicle,
but does not include a tram or other vehicle (except an O-Bahn bus) that is driven on a fixed track.

Division 6—Exclusion of liability for criminal conduct
43—Exclusion of liability for criminal conduct
	(1)	Liability for damages is excluded if the court—
	(a)	is satisfied beyond reasonable doubt that the accident occurred while the injured person was engaged in conduct constituting an indictable offence; and
	(b)	is satisfied on the balance of probabilities that the injured person's conduct contributed materially to the risk of injury.
	(2)	However, the court may award damages despite this exclusionary principle if satisfied that—
	(a)	the circumstances of the particular case are exceptional; and
	(b)	the principle would, in the circumstances of the particular case, operate harshly and unjustly.
	(3)	For the purposes of subsection (1)(a), a relevant conviction or acquittal is to be accepted as conclusive evidence of guilt or innocence of the offence to which it relates.
	(4)	This section—
	(a)	applies where damages are claimed for personal injury—
	(i)	arising from a motor accident (whether caused intentionally or unintentionally); or
	(ii)	arising from an accident caused wholly or in part—
	(A)	by negligence; or
	(B)	by some other unintentional tort on the part of a person other than the injured person; or
	(C)	by breach of a contractual duty of care; and
	(b)	if an injured person dies as a result of injury arising in the manner described in paragraph (a)—applies where damages for harm resulting from the death are claimed under Part 5; and
	(c)	does not affect the operation of a rule of law relating to joint illegal enterprises.

Part 7—Contributory negligence
44—Standard of contributory negligence
	(1)	The principles that are applicable in determining whether a person has been negligent also apply in determining whether a person who suffered harm (the plaintiff) has been contributorily negligent.
	(2)	This section is not to derogate from any provision of this Act for reduction of damages on account of contributory negligence.
45—Contributory negligence in cases brought on behalf of dependants of deceased person
In a claim for damages brought on behalf of the dependants of a deceased person, the court is to have regard to any contributory negligence on the part of the deceased person.
46—Presumption of contributory negligence where injured person intoxicated
	(1)	If the injured person was intoxicated at the time of the accident, and contributory negligence is alleged by the defendant, contributory negligence will, subject to this section, be presumed.
	(2)	The injured person may, however, rebut the presumption by establishing on the balance of probabilities—
	(a)	that the intoxication did not contribute to the accident; or
	(b)	that the intoxication was not self-induced; or
	(c)	—
	(i)	the intoxication is wholly attributable to the use of drugs in accordance with the prescription or instructions of a medical practitioner; and
	(ii)	the injured person was complying with the instructions and recommendations of the medical practitioner and the manufacturer of the drugs as to what he or she should do, or avoid doing, while under the influence of the drugs.
	(3)	Unless the presumption of contributory negligence is rebutted, the court must assess damages on the basis that the damages to which the injured person would be entitled in the absence of contributory negligence are to be reduced, on account of contributory negligence, by 25 per cent or a greater percentage determined by the court to be appropriate in the circumstances of the case.
	(4)	If, in the case of a motor accident, the injured person was the driver of a motor vehicle involved in the accident and the evidence establishes—
	(a)	that the concentration of alcohol in the injured person's blood was .15 grams or more in 100 millilitres of blood; or
	(b)	that the driver was so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle,
the minimum reduction prescribed by subsection (3) is to be increased to 50 per cent.
47—Presumption of contributory negligence where injured person relies on care and skill of person known to be intoxicated
	(1)	If—
	(a)	the injured person—
	(i)	was of or above the age of 16 years at the time of the accident; and
	(ii)	relied on the care and skill of a person who was intoxicated at the time of the accident; and
	(iii)	was aware, or ought to have been aware, that the other person was intoxicated; and
	(b)	the accident was caused through the negligence of the other person; and
	(c)	the defendant alleges contributory negligence on the part of the injured person,
contributory negligence will, subject to this section, be presumed.
	(2)	Subject to the following exception, the presumption is irrebutable.
Exception—
The injured person may rebut the presumption by establishing, on the balance of probabilities, that—
	(a)	the intoxication did not contribute to the accident; or
	(b)	the injured person could not reasonably be expected to have avoided the risk.
	(3)	In a case in which contributory negligence is to be presumed under this section, the court must apply a fixed statutory reduction of 25 per cent in the assessment of damages.
	(4)	A passenger in a motor vehicle is taken, for the purposes of this section, to rely on the care and skill of the driver.
	(5)	If, in the case of a motor accident, the evidence establishes—
	(a)	that the concentration of alcohol in the driver's blood was .15 grams or more in 100 millilitres of blood; or
	(b)	that the driver was so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle,
the fixed statutory reduction prescribed by subsection (3) is increased to 50 per cent.
	(6)	This section operates to the exclusion of the defence of volenti non fit injuria insofar as it relates to the voluntary assumption of a risk arising from the intoxication of another.
48—Evidentiary provision relating to intoxication
	(1)	A finding by a court that there was present in the blood of a person, at or about the time of an accident, a concentration of alcohol of .08 or more grams in 100 millilitres of blood is to be accepted, for the purposes of this Part, as conclusive evidence of the facts so found and that the person was intoxicated at the time of the accident.
	(2)	A finding by a court that a person was at or about the time of an accident so much under the influence of alcohol or a drug as to be unable to exercise effective control of a motor vehicle is to be accepted, for the purposes of this Part, as conclusive evidence that the person was, at the time of the accident, so much under the influence of alcohol or a drug as to be unable to exercise effective control of the motor vehicle.
49—Non-wearing of seatbelt etc
	(1)	If the injured person was injured in a motor accident, was of or above the age of 16 years at the time of the accident and—
	(a)	the injured person was not, at the time of the accident, wearing a seatbelt as required under the Road Traffic Act 1961; or
	(b)	one of the following factors contributed to the accident or the extent of the injury:
	(i)	the injured person was not wearing a safety helmet as required under the Road Traffic Act 1961;
	(ii)	the injured person was a passenger in or on a motor vehicle with a passenger compartment but was not in the passenger compartment at the time of the accident,
contributory negligence will, subject to this section, be presumed.
	(2)	Subject to the following exception, the presumption is irrebutable.
Exception—
In the case mentioned in subsection (1)(b)(ii)—the injured person may rebut the presumption by establishing, on the balance of probabilities, that the injured person could not reasonably be expected to have avoided the risk.
	(3)	In a case in which contributory negligence is to be presumed under this section, the court must apply a fixed statutory reduction of 25 per cent in the assessment of damages.
50—How case is dealt with where damages are liable to reduction on account of contributory negligence
	(1)	If damages are liable to reduction on account of actual or presumed contributory negligence, the court is to proceed in accordance with this section.
	(2)	First, the court is to assess the damages to which the injured person would be entitled if there were no reduction for contributory negligence.
	(3)	Secondly, the court is to—
	(a)	determine the extent of the injured person's contributory negligence, leaving out of the account factors for which a fixed statutory reduction is prescribed by this Part but taking into account the injured person's intoxication (if relevant) and factors that would, apart from this Part, amount to contributory negligence; and
	(b)	determine a percentage reduction to be made on account of these forms of contributory negligence (which cannot be less in a case involving intoxication than the relevant minimum prescribed by this Part); and
	(c)	then reduce the amount assessed under subsection (2) by the percentage determined under this subsection.
	(4)	Thirdly, the court is to apply any applicable fixed statutory reduction to the amount assessed under subsection (2) and reduced, if required, under subsection (3), and, if 2 or more fixed statutory reductions are required, the court is to make them in series.
Example—
Suppose that an amount of $100 000 is subject to 2 fixed statutory reductions of 25 per cent. In this case, the amount is first reduced to $75 000 and then reduced to $56 250.
	(5)	There is no necessary correlation between a finding of contributory negligence in relation to a cause of action under this Part and an apportionment of liability in relation to a different cause of action arising from the same facts.
Example—
Suppose that A and B are both drivers of motor vehicles that come into collision as a result of the negligence of both with resultant personal injuries to each other and also to C, a passenger in B's vehicle. Suppose that B's damages are reduced by 60 per cent under this Part as a result of actual or presumptive contributory negligence causally related to the occurrence of the accident. This is not to imply that, in A's action against B, no reduction beyond 40 per cent can be made on a similar basis. In C's action against A and B, responsibility will be apportioned between A and B without regard to the provisions of this Part.

Part 8—Damages for personal injury
51—Application of this Part
This Part applies—
	(a)	where damages are claimed for personal injury arising from—
	(i)	a motor accident (whether caused intentionally or unintentionally); or
	(ii)	an accident caused wholly or in part by—
	(A)	negligence; or
	(B)	some other unintentional tort on the part of a person other than the injured person; or
	(C)	a breach of a contractual duty of care; or
	(b)	where personal injury arising in the manner described in paragraph (a) results in death and damages are claimed under Part 5 for harm resulting from the death.
52—Damages for non-economic loss
	(1)	Damages may only be awarded for non-economic loss if—
	(a)	the injured person's ability to lead a normal life was significantly impaired by the injury for a period of at least 7 days; or
	(b)	medical expenses of at least the prescribed minimum have been reasonably incurred in connection with the injury.
	(2)	If damages are to be awarded for non-economic loss, they must be assessed as follows:
	(a)	the injured person's total non-economic loss is to be assigned a numerical value (the scale value) on a scale running from 0 to 60 (the scale reflecting 60 equal gradations of non-economic loss, from a case in which the non‑economic loss is not severe enough to justify any award of damages to a case in which the injured person suffers non-economic loss of the gravest conceivable kind);
	(b)	the damages for non-economic loss are to be calculated in relation to an injury arising from an accident that occurred during 2002 by multiplying the scale value by $1 710;
	(c)	the damages for non-economic loss are to be calculated in relation to an injury arising from an accident that occurred during 2003 as follows:
	(i)	if the scale value is 10 or less—by multiplying the scale value by $1 150;
	(ii)	if the scale value is 20 or less but more than 10—by adding to $11 500 an amount calculated by multiplying the number by which the scale value exceeds 10 by $2 300;
	(iii)	if the scale value is 30 or less but more than 20—by adding to $34 500 an amount calculated by multiplying the number by which the scale value exceeds 20 by $3 450;
	(iv)	if the scale value is 40 or less but more than 30—by adding to $69 000 an amount calculated by multiplying the number by which the scale value exceeds 30 by $4 600;
	(v)	if the scale value is 50 or less but more than 40—by adding to $115 000 an amount calculated by multiplying the number by which the scale value exceeds 40 by $5 750;
	(vi)	if the scale value is 60 or less but more than 50—by adding to $172 500 an amount calculated by multiplying the number by which the scale value exceeds 50 by $6 900;
	(d)	the damages for non-economic loss in relation to an injury arising from an accident that occurred in a subsequent calendar year are to be calculated in accordance with paragraph (c) but the amount arrived at is to be adjusted (to the nearest multiple of $10) by multiplying it by a proportion obtained by dividing the Consumer Price Index for the September quarter of the previous calendar year by the Consumer Price Index for the September quarter 2002.
Example—
Suppose that A is injured in an accident that occurred in 2003 and claims damages for personal injury. The case is one in which the criteria under which damages for non-economic loss may be awarded are satisfied. In assessing those damages, A's total non-economic loss is assigned by the court a scale value of 23. The damages for non-economic loss will, therefore, be $44 850, calculated as follows:

53—Damages for mental harm
	(1)	Damages may only be awarded for mental harm if the injured person—
	(a)	was physically injured in the accident or was present at the scene of the accident when the accident occurred; or
	(b)	is a parent, spouse, domestic partner or child of a person killed, injured or endangered in the accident.
	(2)	Damages may only be awarded for pure mental harm if the harm consists of a recognised psychiatric illness.
	(3)	Damages may only be awarded for economic loss resulting from consequential mental harm if the harm consists of a recognised psychiatric illness.
54—Damages for loss of earning capacity
	(1)	If the injured person was incapacitated for work, damages for loss of earning capacity are not to be awarded in respect of the first week of the incapacity.
	(2)	Total damages for loss of earning capacity (excluding interest awarded on damages for any past loss) are not to exceed the prescribed maximum.
	(3)	In a case in which an action is brought for the benefit of the dependants of a deceased person, the total amount awarded to compensate economic loss resulting from the death of the deceased person (apart from expenses—such as funeral expenses—actually incurred as a result of the death) cannot exceed the prescribed maximum and if before the date of death the deceased person received damages to compensate loss of earning capacity, the limit is to be reduced by the amount of those damages.
55—Lump sum compensation for future losses
If—
	(a)	an injured person is to be compensated by way of lump sum for loss of future earnings or other future losses; and
	(b)	an actuarial multiplier is used for the purpose of calculating the present value of the future losses,
then, in determining the actuarial multiplier, a prescribed discount rate is to be applied.
56—Exclusion of interest on damages compensating non-economic loss or future loss
Interest is not to be awarded on damages compensating non-economic or future loss.
57—Exclusion of damages for cost of management or investment
Damages are not to be awarded to compensate for the cost of the investment or management of the amount awarded.
58—Damages in respect of gratuitous services
	(1)	Damages are not to be awarded—
	(a)	to allow for the recompense of gratuitous services except services of a parent, spouse, domestic partner or child of the injured person; or
	(b)	to allow for the reimbursement of expenses, other than reasonable out-of-pocket expenses, voluntarily incurred, or to be voluntarily incurred, by a person rendering gratuitous services to the injured person.
	(2)	Damages awarded to allow for the recompense of gratuitous services of a parent, spouse, domestic partner or child are not to exceed an amount equivalent to 4 times State average weekly earnings.
	(3)	However, the court may make an award in excess of the limit prescribed by subsection (2) if satisfied that—
	(a)	the gratuitous services are reasonably required by the injured person; and
	(b)	it would be necessary, if the services were not provided gratuitously by a parent, spouse, domestic partner or child of the injured person to engage another person to provide the services for remuneration,
but, in that event, the damages awarded are not to reflect a rate of remuneration for the person providing the services in excess of State average weekly earnings.

Part 9—Miscellaneous
Division 1—Rights as between employer and employee
59—Rights as between employer and employee
	(1)	Notwithstanding any Act or law, or the provisions express or implied of any contract or agreement, where an employee commits a tort for which his employer is vicariously liable—
	(a)	the employee shall not be liable to indemnify the employer in respect of the vicarious liability incurred by the employer; and
	(b)	unless the employee is otherwise entitled to indemnity in respect of his liability, the employer shall be liable to indemnify the employee in respect of liability incurred by the employee in respect of the tort.
	(2)	Where an employer is proceeded against for the tort of his employee, and the employee is entitled pursuant to a policy of insurance or contract of indemnity to be indemnified in respect of liability that he may incur in respect of the tort, the employer shall be subrogated to the rights of the employee under that policy or contract in respect of the liability incurred by him (the employer), arising from the commission of the tort.
	(3)	Where a person commits serious and wilful misconduct in the course of his employment and that misconduct constitutes a tort, the provisions of this section shall not apply in respect of that tort.

Division 2—Remedies against certain shipowners
60—Remedy against shipowners and others for injuries
	(1)	If it is alleged that the owners of any ship are liable to pay damages in respect of personal injuries, including fatal injuries, caused by the ship or sustained on, in, or about the ship, in any port or harbour in the State, in consequence of the wrongful act, neglect, or default of the owners of the ship, or the master or officers or crew thereof, or any other person in the employment of the owners of the ship, or of any defect in the ship or its apparel or equipment, and at any time that ship is found in any port or river in the State or in any water within three miles of the coast of the State, the Supreme Court or the local court of full jurisdiction nearest to the ship may, upon its being shown to the court by any person applying in accordance with rules of court that the owners are probably liable to pay damages in respect of such injuries and that none of the owners resides in the State, issue an order directed to any officer of the Supreme Court or of the said local court, or of the Minister of Marine, or of any authority exercising the powers vested in the said Minister named in the order, requiring such officer to detain the ship until such time as the owners, agent, master, or consignee thereof have paid such compensation, or have given security, to be approved by a Judge of the Supreme Court, or as the case may be, by a judge or magistrate of the said local court, to abide the event of any proceedings that may be instituted in respect of the injuries, and to pay all costs and damages that may be awarded thereon.
	(2)	The officer to whom the order is directed may detain the ship in accordance with the order.
	(3)	In any legal proceedings in relation to such injuries as aforesaid, the person giving security may be made the defendant, and shall be stated to be the owner of the ship which has caused the injuries, and the production of the order of the judge or magistrate made in relation to the security shall in the said proceedings be conclusive evidence that the defendant is the owner of the ship.
	(4)	If the owner of a ship is a corporation, such corporation shall, for the purpose of this section, be deemed to reside in the State if it has an office in the State at which service of process can be effected.
	(5)	If a ship after detention in pursuance of this section or after service on the master of any notice of an order for detention under this section, proceeds to sea before the ship is released by the officer detaining it, the master of the ship, and also the owner, and any person who sends the ship to sea, if that owner or person is party or privy to the offence, shall be guilty of an offence and liable on summary conviction to a penalty not exceeding four hundred dollars.
	(6)	If the master proceeds to sea with the ship in contravention of subsection (5) of this section, and takes to sea any person authorised to detain the ship or any person assisting any person so authorised, the owner and master of the ship shall each be liable to pay all expenses of and incidental to the taking to sea of any such person, in addition to any penalty imposable under subsection (5).
	(7)	The words person applying in this section shall include an employer who has paid compensation, or against whom a claim for compensation has been made, under the Workmen's Compensation Act 1932 or under any corresponding subsequent enactment, if he shows the court that he probably is or will become entitled to be indemnified under that Act or enactment, and in such case this section shall apply as if the employer were a person claiming damages in respect of personal injuries.
	(8)	The jurisdiction of the Supreme Court under this section may be exercised by a single judge of that court sitting in chambers.

Division 3—Damage by aircraft
61—Damage by aircraft
	(1)	In this section—
aircraft damage means personal injury, loss of life, material loss, damage or destruction in South Australia that is not covered by the Commonwealth Act but would, assuming the aircraft had been engaged in trade and commerce among the States, have been covered by the Commonwealth Act;
Commonwealth Act means the Damage by Aircraft Act 1999 (Cwth).
	(2)	Words and expressions used in this section that are defined in the Commonwealth Act have the same respective meanings as in the Commonwealth Act.
	(3)	Subject to the following qualifications, liability for aircraft damage is to be determined on the same principles as under the Commonwealth Act.
	(4)	The following qualifications apply:
	(a)	a person who uses an aircraft as a passenger or for the transportation of passengers or goods is not to be regarded as an operator of the aircraft if the person reasonably relies on the skill of another (not being an employee) to operate the aircraft;
	(b)	if aircraft damage results from the unauthorised use of an aircraft, a person (other than the unauthorised user) who is liable for damage as owner or operator of the aircraft is entitled to be indemnified against that liability by the person (not being an employee) who used the aircraft without proper authority;
	(c)	if aircraft damage results from an impact between an aircraft or part of an aircraft and a person or object (other than a person or object in the aircraft), liability is to be determined according to principles of negligence unless—
	(i)	the impact occurs while the aircraft is in flight; or
	(ii)	the impact is caused by the aircraft or part of the aircraft crashing or falling to the ground;
	(d)	exemplary damages are not to be awarded for aircraft damage unless the defendant is shown to have caused the damage intentionally or recklessly.
	(5)	This section does not apply to damage arising from operations of any of the following kinds carried out from an aircraft:
	(a)	seeding;
	(b)	the spreading of fertiliser, weedicide, pesticide or other agricultural chemicals;
	(c)	firefighting;
	(d)	the dispersal of pollutants;
	(e)	any similar operations,
unless the damage is caused by an impact between the aircraft or part of the aircraft and the ground or an impact between a substantial thing dropping or falling from the aircraft and the ground.
62—Exclusion of liability for trespass or nuisance
	(1)	In this section—
Commonwealth Acts means the Air Navigation Act 1920 (Cwth) and the Civil Aviation Act 1988 (Cwth);
land includes a building, structure or other property on land (whether affixed to the land or not);
relevant air navigation regulations means the regulations governing air navigation under the Commonwealth Acts including those regulations as they apply to air navigation in South Australia under the Air Navigation Act 1937.
	(2)	No action for trespass or nuisance arises by reason only of the flight of an aircraft over land, or the ordinary incidents of such a flight, if—
	(a)	the aircraft flies at a height that is reasonable having regard to prevailing weather conditions and other relevant circumstances; and
	(b)	the aircraft is operated in accordance with the relevant air navigation regulations.

Division 4—Abolition of rule of common employment
63—Abolition of rule of common employment
	(1)	Where any injury or damage is suffered by a servant by reason of the wrongful act, neglect or default of a fellow servant, the employer of those servants shall be liable in damages in respect of that injury or damage in the same manner and in the same cases as if those servants had not been engaged in a common employment.
	(2)	This section applies to any injury or damage arising from a wrongful act, neglect or default committed after the enactment of this section, whether the contract of employment was made before or is made after the enactment of this section.
	(3)	Employer in this section includes the Crown and instrumentalities of the Crown.

Division 5—Actions in tort relating to spouses and domestic partners
64—Abolition of rule as to unity of spouses
	(1)	Subject to this section, where any injury or damage is suffered by any person by reason of the wrongful act, neglect or default of his spouse, the spouse shall be liable in respect of that injury or damage in all respects as if the injured person and the person by reason of whose wrongful act neglect or default the injury or damage is suffered were not married.
	(2)	This section shall not be construed as entitling any person to maintain an action in trespass or ejectment against his spouse in respect of a matrimonial home.
	(3)	Where proceedings are brought pursuant to this section, the court may dismiss the proceedings if it appears to the court—
	(a)	that no substantial benefit would accrue to either party from the continuation of the proceedings; or
	(b)	that the question or questions in issue could be more conveniently disposed of on an application under section 105 of the Law of Property Act 1936.
65—Spouse or domestic partner may claim for loss or impairment of consortium
If a person causes injury to another by wrongful act, neglect or default, the person will (whether or not the injury results in death) be liable in damages to the spouse or domestic partner of the injured person for loss or injury suffered by the spouse or domestic partner as a result of the loss or impairment of consortium.
66—Damages where injured spouse or domestic partner participated in business
	(1)	Where spouses or domestic partners are jointly engaged in the conduct of a business, and either of them suffers an injury as a result of which his or her participation in the conduct of the business ceases or is impaired, the other spouse or domestic partner (as the case may be) shall be entitled to recover from a person whose wrongful act, neglect or default caused the injury compensation for loss that he or she has suffered or continues to suffer by reason of the fact that the participation of his or her spouse or domestic partner (as the case may be) in the conduct of the business has ceased or has been impaired.
	(2)	In this section—
business includes any professional or commercial undertaking;
injury includes an injury that results in death.

Division 6—Limitation on the award of damages for the costs of raising a child
67—Limitation on the award of damages for the costs of raising a child
	(1)	In an action to which this section applies, no damages are to be awarded to cover the ordinary costs of raising a child.
	(2)	The ordinary costs of raising a child include all costs associated with the child's care, upbringing, education and advancement in life except, in the case of a child who is mentally or physically disabled, any amount by which those costs would reasonably exceed what would be incurred if the child were not disabled.
	(3)	This section applies to—
	(a)	an action for negligence resulting in the unintended conception of a child; or
	(b)	an action for negligence resulting in the failure of an attempted abortion; or
	(c)	an action for negligence resulting in the birth of a child from a pregnancy that would have been aborted but for the negligence; or
	(d)	an action for innocent misrepresentation resulting in—
	(i)	the unintended conception of a child; or
	(ii)	the birth of a child from a pregnancy that would have been aborted but for the misrepresentation; or
	(e)	an action for damages for breach of a statutory or implied warranty of merchantable quality, or fitness for purpose, in a case where a child is conceived as a result of the failure of a contraceptive device.
	(4)	In this section—
contraceptive device includes any medicine or substance used to prevent conception;
innocent misrepresentation means any misrepresentation by words or conduct made without an intention to deceive.

Division 7—Abolition of actions of seduction, enticement and harbouring
68—Abolition of actions for enticement, seduction and harbouring
The following actions at common law are abolished—
	(a)	the action for seduction; and
	(b)	the action for enticement; and
	(c)	the action for harbouring.

Division 8—Unreasonable delay in resolution of claim
69—Definitions
In this Division—
dependant of a deceased person means any person on whose behalf an action could (assuming that he or she had been financially dependent on the deceased person) be brought under Part 5;
personal injury includes—
	(a)	a disease;
	(b)	any impairment of a physical or mental condition.
70—Damages for unreasonable delay in resolution of a claim
	(1)	Damages in the nature of exemplary damages may be awarded, on a claim by the personal representative of a deceased person, against another person (the person in default) if the conditions prescribed by subsection (2) are satisfied.
	(2)	The conditions for an award of damages under this section are as follows:
	(a)	the deceased person suffered personal injury giving rise to a right to compensation or damages; and
	(b)	the deceased person made a claim in writing (giving a reasonable indication of the grounds of the claim) for compensation or damages for the personal injury; and
	(c)	a person (the person in default) unreasonably delayed the resolution of the claim knowing, or in circumstances in which he or she ought to have known, that the deceased person was, because of advanced age, illness or injury, at risk of dying before the resolution of the claim; and
	(d)	the person in default is—
	(i)	the person against whom the deceased person's claim lay; or
	(ii)	some other person who controlled or had an interest in the defence of the claim; and
	(e)	the deceased person died before compensation or damages for non-economic loss were finally determined by agreement between the parties or by judgment or decision of a court or tribunal; and
	(f)	damages have not been recovered and are not recoverable under section 3(2) of the Survival of Causes of Action Act 1940.
	(3)	For the purposes of subsection (2)—
	(a)	the question whether a person has unreasonably delayed resolution of a claim is to be determined in the context of the proceedings as a whole (including negotiations and other non-curial proceedings) and the conduct of the deceased person and any other parties to the proceedings;
	(b)	a lawful fee agreement between a legal practitioner and client does not give the legal practitioner an interest in the defence of the claim;
	(c)	if a judgment or decision of a court or tribunal is liable to appeal, then—
	(i)	if there is no appeal—the judgment or decision finally determines compensation or damages on the date it is given; but
	(ii)	if there is an appeal—there is no final determination of compensation or damages until the appeal is determined.
	(4)	A court or tribunal that has, or would have had, jurisdiction in an action for damages, workers compensation or other monetary compensation for the personal injury has jurisdiction to award damages on a claim under this section but such a claim must be brought before the court or tribunal within 3 years after the deceased person's death (either as a separate proceeding or by introducing it as an additional claim in existing proceedings for damages or compensation for the personal injury).
	(5)	In determining the amount of the damages to be awarded under this section, the court or tribunal is to have regard to—
	(a)	the need to ensure that the person in default does not benefit from the unreasonable delay in the resolution of the deceased person's claim; and
	(b)	the need to punish the person in default for the unreasonable delay; and
	(c)	any other relevant factor.
	(6)	Damages may be awarded under this section despite any statutory restriction on the award of exemplary or punitive damages but, if the deceased person's claim was for worker's compensation, the damages cannot exceed the total amount of the compensation for non-economic loss to which the deceased person would have been entitled if the claim had been resolved immediately before his or her death.
	(7)	Damages awarded under this section are to be paid, at the direction of the court or tribunal—
	(a)	to the dependants of the deceased person in proportions determined by the court or tribunal; or
	(b)	to the estate of the deceased person.
	(8)	In exercising its discretion under subsection (7), the court or tribunal—
	(a)	is to make an award to dependants rather than to the estate unless there are no dependants or there is some other good reason to the contrary; and
	(b)	in apportioning between dependants is to have regard to other relevant statutory entitlements (if any) that arise on the death of the deceased person.
	(9)	This section applies if the deceased person died on or after the commencement of this section (whether the circumstances out of which the personal injury claim arose occurred before or after that date).
71—Regulations
	(1)	The Governor may make regulations for the purposes of this Division.
	(2)	The regulations may (for example) deal with any aspect of the procedure to be followed in proceedings under this Division.

Division 9—Liability for perjury in civil actions
72—Liability for perjury in civil actions
	(1)	Subject to this section, a person who gives perjured evidence in civil proceedings is liable for damage suffered by any other person in consequence of the perjury.
	(2)	In proceedings under this section, the plaintiff must establish—
	(a)	that the defendant—
	(i)	has been convicted of perjury; or
	(ii)	has been found guilty of contempt of court on the ground of having committed perjury; or
	(iii)	has been committed for trial on a charge of perjury but by reason of the fact that no indictment has been preferred, or a nolle prosequi has been entered, has not been tried on that charge; and
	(b)	that the perjured evidence was material to the outcome of the proceedings in which it was given.
	(3)	Where the defendant has not been convicted of perjury, or been found guilty of contempt of court on the ground of having committed perjury, the evidence upon which a liability is alleged to arise under this section must be corroborated in a material particular.
	(4)	It is no defence to an action under this section that the perjured evidence was accepted as true by the court before which it was given.
	(5)	In proceedings under this section, an apparently genuine document that appears to be a transcript of evidence given in the proceedings in which the perjured evidence is alleged to have been given shall be accepted as evidence—
	(a)	of the evidence given in those proceedings; and
	(b)	where evidence appears from the transcript to have been given by a particular person—that it was in fact given by that person.

Division 10—Racial victimisation
73—Racial victimisation
	(1)	In this section—
act of racial victimisation means a public act inciting hatred, serious contempt or severe ridicule of a person or group of persons on the ground of their race but does not include—
	(a)	publication of a fair report of the act of another person; or
	(b)	publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or
	(c)	a reasonable act, done in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest (including reasonable public discussion, debate or expositions);
detriment means—
	(a)	injury, damage or loss; or
	(b)	distress in the nature of intimidation, harassment or humiliation;
public act means—
	(a)	any form of communication with the public; or
	(b)	conduct in a public place;
race of a person means the nationality, country of origin, colour or ethnic origin of the person or of another person with whom the person resides or associates.
	(2)	An act of racial victimisation that results in detriment is actionable as a tort by the person who suffers the detriment.
	(3)	In an action for damages for racial victimisation, damages may be awarded to compensate any form of detriment.
	(4)	The total amount of the damages that may be awarded for the same act or series of acts cannot exceed $40 000.
	(5)	In applying the limit fixed by subsection (4), the court must take into account damages awarded by a court in criminal proceedings on convicting the defendant, in respect of the same act or series of acts, of the offence or a series of offences of racial vilification1.
	(6)	Before a court awards damages for an act of racial victimisation, the court must—
	(a)	take reasonable steps to ensure that all persons who may have been harmed by the act are given a reasonable opportunity to claim damages in the proceedings; or
	(b)	take other action that appears reasonable and necessary in the circumstances to protect the interests of possible claimants who are not before the court.
Note—
1	See section 6 of the Racial Vilification Act 1996.

Division 11—Good samaritans
74—Good samaritans
	(1)	In this section—
emergency assistance means—
	(a)	emergency medical assistance; or
	(b)	any other form of assistance to a person whose life or safety is endangered in a situation of emergency;
good samaritan means—
	(a)	a person who, acting without expectation of payment or other consideration, comes to the aid of a person who is apparently in need of emergency assistance; or
	(b)	a medically qualified person who, acting without expectation of payment or other consideration, gives advice by telephone or some other form of telecommunication about the treatment of a person who is apparently in need of emergency medical assistance;
medically qualified—a person is to be regarded as medically qualified if the person—
	(a)	is a registered medical practitioner; or
	(b)	has professional qualifications in some field of health care that are statutorily recognised; or
	(c)	works or has worked as an ambulance officer or in some other recognised paramedical capacity.
	(2)	A good samaritan incurs no personal civil liability for an act or omission done or made in good faith and without recklessness in assisting a person in apparent need of emergency assistance.
	(3)	A medically qualified good samaritan incurs no personal civil liability for advice given about the assistance to be given to a person in apparent need of emergency medical assistance.
	(4)	However—
	(a)	the immunity does not extend to a liability that falls within the ambit of a scheme of compulsory third party motor vehicle insurance; and
	(b)	the immunity does not operate if the good samaritan's capacity to exercise due care and skill was, at the relevant time, significantly impaired by alcohol or another recreational drug.

Division 11A—Food donors and distributors
74A—Food donors and distributors
	(1)	In this section, a reference to a food donor or distributor is a reference to a person who, acting without expectation of payment or other consideration and for a charitable or benevolent purpose, donates or distributes food with the intention that the consumer of the food would not have to pay for the food and to the agents or employees of such a person.
	(2)	A food donor or distributor incurs no civil liability for loss of life or personal injury arising from consumption of the food donated or distributed.
	(3)	However, the immunity does not operate if the food donor or distributor knew or was recklessly indifferent to the fact that when the food left the possession or control of the food donor or distributor it was unsafe within the meaning of the Food Act 2001.
	(4)	The Minister must, as soon as practicable after the second anniversary of the commencement of this section—
	(a)	cause a report to be prepared on the operation of this section; and
	(b)	cause a copy of the report to be laid before each House of Parliament.

Division 12—Expressions of regret
75—Expressions of regret
In proceedings in which damages are claimed for a tort, no admission of liability or fault is to be inferred from the fact that the defendant or a person for whose tort the defendant is liable expressed regret for the incident out of which the cause of action arose.

Legislative history
Notes
	•	Amendments of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Formerly
Wrongs Act 1936
Principal Act and amendments
New entries appear in bold.
Year	No	Title	Assent	Commencement	
1936	2267	Wrongs Act 1936	13.8.1936	13.8.1936	
1939	18	Wrongs Act Amendment Act 1939	22.11.1939	22.11.1939	
1940	48	Wrongs Act Amendment Act 1940	28.11.1940	28.11.1940	
1944	14	Wrongs Act Amendment Act 1944	23.11.1944	23.11.1944	
1951	50	Wrongs Act Amendment Act 1951	13.12.1951	13.12.1951	
1952	42	Statute Law Revision Act 1952	4.12.1952	4.12.1952	
1956	17	Limitation of Actions and Wrongs Acts Amendment Act 1956	8.11.1956	8.11.1956	
1956	49	Wrongs Act Amendment Act 1956	22.11.1956	22.11.1956	
1958	58	Wrongs Act Amendment Act 1958	27.11.1958	27.11.1958	
1959	38	Wrongs Act Amendment Act 1959	10.12.1959	10.12.1959	
1972	19	Statutes Amendment (Law of Property and Wrongs) Act 1972	30.3.1972	18.5.1972 (Gazette 18.5.1972 p1926)	
1972	58	Statutes Amendment (Miscellaneous Provisions) Act 1972	27.4.1972	18.5.1972 (Gazette 18.5.1972 p1926)	
1974	70	Wrongs Act Amendment Act 1974	17.10.1974	28.11.1974 (Gazette 28.11.1974 p3373)	
1975	118	Statute Law Revision Act (No. 2) 1975	4.12.1975	4.12.1975	
1975	119	Wrongs Act Amendment Act 1975	4.12.1975	29.1.1976 (Gazette 29.1.1976 p356)	
1983	87	Wrongs Act Amendment Act 1983	1.12.1983	1.12.1983	
1983	116	Wrongs Act Amendment Act (No. 2) 1983	22.12.1983	22.12.1983	
1986	126	Wrongs Act Amendment Act 1986	24.12.1986	8.2.1987 (Gazette 5.2.1987 p250)	
1987	45	Wrongs Act Amendment Act 1987	30.4.1987	5.7.1987 (Gazette 28.5.1987 p1384)	
1988	41	Wrongs Act Amendment Act 1988	5.5.1988	8.2.1987: s 2	
1991	38	Wrongs Amendment Act 1991	31.10.1991	31.10.1991	
1993	5	Statutes Amendment (Motor Vehicles and Wrongs) Act 1993	4.3.1993	3.5.1993 (Gazette 29.4.1993 p1476)	
1993	62	Statutes Amendment (Courts) Act 1993	27.5.1993	s 42—28.10.1993 (Gazette 27.10.1993 p1892)	
1994	21	Statutes Amendment (Attorney-General's Portfolio) Act 1994	26.5.1994	7.7.1994 (Gazette 7.7.1994 p4)	
1994	30	Passenger Transport Act 1994	26.5.1994	Sch 4—1.7.1994 (Gazette 30.6.1994 p1843)	
1994	59	Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994	27.10.1994	1.1.1995 (Gazette 8.12.1994 p1942)	
1996	92	Racial Vilification Act 1996	12.12.1996	6.7.1998 (Gazette 2.7.1998 p9)	
1997	30	Statutes Amendment (References to Banks) Act 1997	12.6.1997	Pt 13 (s 19)—3.7.1997 (Gazette 3.7.1997 p4)	
1997	53	Non-Metropolitan Railways (Transfer) Act 1997	31.7.1997	11.9.1997 (Gazette 11.9.1997 p703)	
1998	67	Statutes Amendment (Motor Accidents) Act 1998	17.9.1998	Pt 3 (s 13) and Pt 4 (s 14)—29.10.1998 (Gazette 17.9.1998 p902)	
1999	33	Financial Sector Reform (South Australia) Act 1999	17.6.1999	Sch (item 64)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2)	
2000	8	Wrongs (Damage by Aircraft) Amendment Act 2000	20.4.2000	9.11.2000 (Gazette 9.11.2000 p3004)	
2001	41	Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001	3.8.2001	s 9(1)—16.8.2001 (Gazette 16.8.2001 p3046)	
2002	21	Wrongs (Liability and Damages for Personal Injury) Amendment Act 2002	12.9.2002	1.12.2002 (Gazette 28.11.2002 p4293)	
2002	38	Law Reform (Delay in Resolution of Personal Injury Claims) Act 2002	28.11.2002	s 4—10.3.2003 (Gazette 13.2.2003 p581)	
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)	
2004	9	Law Reform (Ipp Recommendations) Act 2004	8.4.2004	Pt 2 (ss 4—72)—1.5.2004 (Gazette 29.4.2004 p1172)	
2005	50	Defamation Act 2005	27.10.2005	Sch 1 (cll 2 & 3)—1.1.2006: s 2	
2005	78	Dust Diseases Act 2005	8.12.2005	Sch 1 (cl 1)—8.2.2006: s 2	
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 15 (ss 42—51)—1.6.2007 (Gazette 26.4.2007 p1352)	
2006	44	Statutes Amendment (Justice Portfolio) Act 2006	14.12.2006	Pt 6 (ss 8—10)—18.1.2007 (Gazette 18.1.2007 p234)	
2008	51	Civil Liability (Food Donors and Distributors) Amendment Act 2008	11.12.2008	12.12.2008 (Gazette 11.12.2008 p5474)	
2009	39	Statutes Amendment and Repeal (Fair Trading) Act 2009	23.7.2009	Pt 3 (ss 7 & 8)—1.1.2011 (Gazette 9.12.2010 p5580)	
2013	15	Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013	23.5.2013	Sch 2 (cll 2—8, 21 & 23)—1.7.2013 (Gazette 20.6.2013 p2629)	
Provisions amended since 3 February 1976
	•	Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 11 of The Public General Acts of South Australia 1837-1975 at page 642.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
Pt 1 heading	Pt A1 heading inserted by 44/2003 s 3(1) (Sch 1)	24.11.2003	
	Pt 1 heading inserted by 9/2004 s 4	1.5.2004	
	Pt A1 heading renumbered Pt 1 heading under Legislation Revision and Publication Act 2002	1.5.2004	
s 1	substituted by 9/2004 s 5	1.5.2004	
s 2	substituted by 9/2004 s 6	1.5.2004	
s 3	substituted by 116/1983 s 2	22.12.1983	
	deleted by 9/2004 s 7	1.5.2004	
s 3	s 3A redesignated as s 3 by 9/2004 s 8(6)	1.5.2004	
accident	inserted by 9/2004 s 8(1)	1.5.2004	
consequential mental harm	inserted by 9/2004 s 8(2)	1.5.2004	
Consumer Price Index	inserted by 9/2004 s 8(2)	1.5.2004	
contributory negligence	inserted by 9/2004 s 8(2)	1.5.2004	
damages	inserted by 9/2004 s 8(2)	1.5.2004	
domestic partner	inserted by 43/2006 s 42(1)	1.6.2007	
drive	inserted by 9/2004 s 8(2)	1.5.2004	
duty of care	inserted by 9/2004 s 8(2)	1.5.2004	
harm	inserted by 9/2004 s 8(2)	1.5.2004	
health care service	inserted by 9/2004 s 8(2)	1.5.2004	
intoxicated	inserted by 9/2004 s 8(2)	1.5.2004	
the judgment first given	deleted by 9/2004 s 8(2)	1.5.2004	
medical expenses	inserted by 9/2004 s 8(2)	1.5.2004	
mental harm	inserted by 9/2004 s 8(2)	1.5.2004	
motor accident	inserted by 9/2004 s 8(2)	1.5.2004	
motor vehicle	inserted by 9/2004 s 8(2)	1.5.2004	
negligence	inserted by 9/2004 s 8(2)	1.5.2004	
newspaper	deleted by 50/2005 Sch 1 cl 2	1.1.2006	
non-economic loss	inserted by 9/2004 s 8(3)	1.5.2004	
obvious risk	inserted by 9/2004 s 8(3)	1.5.2004	
passenger compartment	inserted by 9/2004 s 8(4)	1.5.2004	
personal injury or injury	inserted by 9/2004 s 8(4)	1.5.2004	
precaution	inserted by 9/2004 s 8(4)	1.5.2004	
prescribed discount rate	inserted by 9/2004 s 8(4)	1.5.2004	
prescribed maximum	inserted by 9/2004 s 8(4)	1.5.2004	
prescribed minimum	inserted by 9/2004 s 8(4)	1.5.2004	
pure mental harm	inserted by 9/2004 s 8(4)	1.5.2004	
putative spouse	deleted by 43/2006 s 42(2)	1.6.2007	
spouse	substituted by 43/2006 s 42(3)	1.6.2007	
State average weekly earnings	inserted by 9/2004 s 8(5)	1.5.2004	
s 3B	inserted by 116/1983 s 3	22.12.1983	
	omitted under Legislation Revision and Publication Act 2002	10.3.2003	
s 4	inserted by 9/2004 s 9	1.5.2004	
s 4(3)	deleted by 39/2009 s 7	1.1.2011	
Pt 2 before deletion by 50/2005			
Pt 2 heading	Pt 1 heading deleted and Pt 2 heading inserted by 9/2004 s 10	1.5.2004	
s 6	amended by 116/1983 s 4	22.12.1983	
s 7			
s 7(1)	amended by 116/1983 s 5	22.12.1983	
	amended by 30/1997 s 19	3.7.1997	
	amended by 33/1999 Sch (item 64)	1.7.1999	
s 8	amended by 116/1983 s 6	22.12.1983	
s 10			
s 10(1)	amended by 116/1983 s 7	22.12.1983	
s 11	amended by 116/1983 s 8	22.12.1983	
s 14	amended by 116/1983 s 9	22.12.1983	
Pt 2	deleted by 50/2005 Sch 1 cl 3	1.1.2006	
Pt 3	Pt 1A comprising s 17A and heading inserted by 116/1983 s 10	22.12.1983	
Pt 3 heading	Pt 1A heading deleted and Pt 3 heading inserted by 9/2004 s 11	1.5.2004	
s 18	s 17A redesignated as s 18 by 9/2004 s 12	1.5.2004	
Pt 4	Pt 1B comprising s 17B—17E and heading inserted by 45/1987 s 3	5.7.1987	
Pt 4 heading	Pt 1B heading deleted and Pt 4 heading inserted by 9/2004 s 13	1.5.2004	
s 19	s 17B redesignated as s 19 by 9/2004 s 14	1.5.2004	
s 20	s 17C redesignated as s 20 by 9/2004 s 15	1.5.2004	
s 21	s 17D redesignated as s 21 by 9/2004 s 16	1.5.2004	
s 22	s 17E redesignated as s 22 by 9/2004 s 17	1.5.2004	
Pt 5			
Pt 5 heading	Pt 2 heading deleted and Pt 5 heading inserted by 9/2004 s 18	1.5.2004	
s 23	s 19 amended by 59/1994 Sch 2	1.1.1995	
	s 19 redesignated as s 23 by 9/2004 s 19	1.5.2004	
s 24	s 20 redesignated as s 24 by 9/2004 s 20(2)	1.5.2004	
s 24(1)	amended by 43/2006 s 43(1)	1.6.2007	
s 24(2)	s 20(2) substituted by 9/2004 s 20(1)	1.5.2004	
s 24(2aa)	s 20(2aa)(i)—(v) redesignated as s 20(2aa)(a)—(e) by 44/2003 s 3(1) (Sch 1)	24.11.2003	
	amended by 78/2005 Sch 1 cl 1	8.2.2006	
s 24(4)	amended by 43/2006 s 43(2)	1.6.2007	
s 24(7)	amended by 43/2006 s 43(3), (4)	1.6.2007	
s 25	s 21 redesignated as s 25 by 9/2004 s 21	1.5.2004	
s 26	s 22 redesignated as s 26 by 9/2004 s 22	1.5.2004	
s 27	s 23 redesignated as s 27 by 9/2004 s 23(2)	1.5.2004	
s 27(1)	s 23(1) amended by 9/2004 s 23(1)	1.5.2004	
s 28	s 23A redesignated as s 28 by 9/2004 s 24	1.5.2004	
s 28(1)	amended by 44/2006 s 8	18.1.2007	
s 29	s 23B redesignated as s 29 by 9/2004 s 25	1.5.2004	
s 29(1)	amended by 44/2006 s 9	18.1.2007	
	amended by 43/2006 s 44(1)	1.6.2007	
s 29(2)	amended by 43/2006 s 44(2)—(4)	1.6.2007	
s 29(3)	amended by 43/2006 s 44(5)	1.6.2007	
s 29(4)	substituted by 43/2006 s 44(6)	1.6.2007	
s 30	s 23C redesignated as s 30 by 9/2004 s 26(5)	1.5.2004	
s 30(1)	s 23C(1) amended by 9/2004 s 26(1)	1.5.2004	
	amended by 43/2006 s 45	1.6.2007	
s 30(2)	s 23C(2) amended by 9/2004 s 26(2)	1.5.2004	
s 30(3)	s 23C(3) amended by 9/2004 s 26(3)	1.5.2004	
s 30(4)	s 23C(4) amended by 59/1994 Sch 2	1.1.1995	
	s 23C(4) amended by 9/2004 s 26(4)	1.5.2004	
Pt 6	inserted by 9/2004 s 27	1.5.2004	
s 38			
s 38(2)	amended by 39/2009 s 8	1.1.2011	
Pt 7	inserted by 9/2004 s 27	1.5.2004	
s 46	s 24J redesignated as s 46 by 9/2004 s 40(2)	1.5.2004	
s 46(2)	s 24J(2) amended by 9/2004 s 40(1)	1.5.2004	
s 47	s 24K redesignated as s 47 by 9/2004 s 41	1.5.2004	
s 48	s 24L redesignated as s 48 by 9/2004 s 41	1.5.2004	
s 49	s 24M redesignated as s 49 by 9/2004 s 41	1.5.2004	
s 50	s 24N redesignated as s 50 by 9/2004 s 41	1.5.2004	
Pt 8 	Pt 2A comprising ss 24—24O and headings inserted by 21/2002 s 3	1.12.2002	
Pt 8 heading	Pt 2A heading deleted and Pt 8 heading inserted by 9/2004 s 28	1.5.2004	
Pt 8 Div 1	Pt 2A Div 1 deleted by 9/2004 s 29	1.5.2004	
s 51	inserted by 9/2004 s 29	1.5.2004	
Pt 8 Div 2 heading	Pt 2A Div 2 heading deleted by 9/2004 s 30	1.5.2004	
s 52	s 24B redesignated as s 52 by 9/2004 s 31	1.5.2004	
s 24C	deleted by 9/2004 s 32	1.5.2004	
s 53	inserted by 9/2004 s 32	1.5.2004	
s 53(1)	amended by 43/2006 s 46	1.6.2007	
s 54	s 24D redesignated as s 54 by 9/2004 s 33(2)	1.5.2004	
s 54(3)	inserted by 9/2004 s 33(1)	1.5.2004	
s 55	s 24E redesignated as s 55 by 9/2004 s 34	1.5.2004	
s 56	s 24F redesignated as s 56 by 9/2004 s 35	1.5.2004	
s 57	s 24G redesignated as s 57 by 9/2004 s 36	1.5.2004	
s 58	s 24H redesignated as s 58 by 9/2004 s 37	1.5.2004	
s 58(1)—(3)	amended by 43/2006 s 47	1.6.2007	
Pt 8 Div 3 heading	Pt 2A Div 3 heading deleted by 9/2004 s 38	1.5.2004	
s 24I	deleted by 9/2004 s 39	1.5.2004	
ss 24J—24N—see ss 46—50			
Pt 8 Div 4	Pt 2A Div 4 deleted by 9/2004 s 42	1.5.2004	
Pt 9			
Pt 9 heading	Pt 3 heading deleted and Pt 9 heading inserted by 9/2004 s 43	1.5.2004	
Pt 3 Div 1 heading	heading preceding s 24 deleted and Pt 3 Div 1 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	deleted by 41/2001 s 9(1)	16.8.2001	
s 24	amended by 8/2000 s 4 (Sch)	9.11.2000	
	deleted by 41/2001 s 9(1)	16.8.2001	
ss 25—27	deleted by 41/2001 s 9(1)	16.8.2001	
Pt 3 Div 2 heading	heading preceding s 27A deleted and Pt 3 Div 2 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	deleted by 41/2001 s 9(1)	16.8.2001	
s 27A	amended by 8/2000 s 4 (Sch)	9.11.2000	
	deleted by 41/2001 s 9(1)	16.8.2001	
s 27B	deleted by 41/2001 s 9(1)	16.8.2001	
Pt 9 Div 1			
Pt 9 Div 1 heading	heading preceding s 27C and Pt 3 Div 3 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 3 heading deleted and Pt 9 Div 1 heading inserted by 9/2004 s 44	1.5.2004	
s 59	s 27C redesignated as s 59 by 9/2004 s 45	1.5.2004	
Pt 3 Div 4	deleted by 9/2004 s 46	1.5.2004	
Pt 3 Div 4 heading	heading preceding s 28 deleted and Pt 3 Div 4 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
Pt 9 Div 2			
Pt 9 Div 2 heading	heading preceding s 29 deleted and Pt 3 Div 5 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 5 heading redesignated as Pt 9 Div 2 heading by 9/2004 s 47	1.5.2004	
s 60	s 29 redesignated as s 60 by 9/2004 s 48	1.5.2004	
Pt 9 Div 3	Pt 3 Div 6 inserted by 8/2000 s 3	9.11.2000	
	Pt 3 Div 6 redesignated as Pt 9 Div 3 by 9/2004 s 49	1.5.2004	
s 61	s 29A redesignated as s 61 by 9/2004 s 50	1.5.2004	
s 62	s 29B redesignated as s 62 by 9/2004 s 51	1.5.2004	
Pt 9 Div 4			
Pt 9 Div 4 heading 	heading preceding s 30 deleted and Pt 3 Div 7 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 7 heading redesignated as Pt 9 Div 4 heading by 9/2004 s 52	1.5.2004	
s 63	s 30 redesignated as s 63 by 9/2004 s 53	1.5.2004	
s 31 and heading	deleted by 116/1983 s 11	22.12.1983	
Pt 9 Div 5			
Pt 9 Div 5 heading	heading preceding s 32 deleted and Pt 3 Div 8 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 8 heading redesignated as Pt 9 Div 5 heading by 9/2004 s 54	1.5.2004	
	amended by 43/2006 s 48	1.6.2007	
s 64	s 32 redesignated as s 64 by 9/2004 s 55	1.5.2004	
s 65	s 33 redesignated as s 65 by 9/2004 s 56	1.5.2004	
	substituted by 43/2006 s 49	1.6.2007	
s 66	s 34 redesignated as s 66 by 9/2004 s 57	1.5.2004	
s 66(1)	amended by 43/2006 s 50(1), (2)	1.6.2007	
s 66(2)			
injury	amended by 43/2006 s 50(3)	1.6.2007	
Pt 9 Div 6	inserted by 9/2004 s 58	1.5.2004	
Pt 9 Div 7			
Pt 9 Div 7 heading	heading preceding s 35 deleted and Pt 3 Div 9 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 9 heading redesignated as Pt 3 Div 7 heading by 9/2004 s 59	1.5.2004	
s 68	s 35 redesignated as s 68 by 9/2004 s 60	1.5.2004	
Pt 3 Div 10	inserted by 126/1986 s 3 	8.2.1987	
	amended by 41/1988 s 3	8.2.1987	
	amended by 38/1991 s 2	31.10.1991	
	amended by 5/1993 s 18	3.5.1993	
	amended by 62/1993 s 42	28.10.1993	
	amended by 21/1994 s 31	7.7.1994	
	amended by 30/1994 Sch 4 cl 2(e)	1.7.1994	
	amended by 53/1997 s 12	11.9.1997	
	amended by 67/1998 s 13	29.10.1998	
	amended by 8/2000 s 4 (Sch)	9.11.2000	
	deleted by 21/2002 s 4	1.12.2002	
Pt 9 Div 8	Pt 3 Div 10A inserted by 38/2002 s 4	10.3.2003	
	Pt 3 Div 10A redesignated as Pt 9 Div 8 by 9/2004 s 61	1.5.2004	
s 69	s 35B redesignated as s 69 by 9/2004 s 62	1.5.2004	
dependant	amended by 44/2006 s 10	18.1.2007	
s 70	s 35C redesignated as s 70 by 9/2004 s 63	1.5.2004	
s 71	s 35D redesignated as s 71 by 9/2004 s 64	1.5.2004	
Pt 9 Div 9			
Heading preceding s 36	inserted by 87/1983 s 2	1.12.1983	
	deleted by 8/2000 s 4 (Sch)	9.11.2000	
Pt 9 Div 9 heading	Pt 3 Div 11 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 11 heading redesignated as Pt 9 Div 9 heading by 9/2004 s 65	1.5.2004	
s 72	s 36 inserted by 87/1983 s 2	1.12.1983	
	s 36 redesignated as s 72 by 9/2004 s 66	1.5.2004	
Pt 9 Div 10			
Heading preceding s 37	inserted by 92/1996 s 7	6.7.1998	
	deleted by 8/2000 s 4 (Sch)	9.11.2000	
Pt 9 Div 10 heading	Pt 3 Div 12 heading inserted by 8/2000 s 4 (Sch)	9.11.2000	
	Pt 3 Div 12 heading redesignated as Pt 9 Div 10 heading by 9/2004 s 67	1.5.2004	
s 73	s 37 inserted by 92/1996 s 7	6.7.1998	
	s 37 redesignated as s 73 by 9/2004 s 68	1.5.2004	
Pt 9 Div 11	Pt 3 Div 13 inserted by 21/2002 s 5	1.12.2002	
	Pt 3 Div 13 redesignated as Pt 9 Div 11 by 9/2004 s 69	1.5.2004	
s 74	s 38 redesignated as s 74 by 9/2004 s 70	1.5.2004	
Pt 9 Div 11A	inserted by 51/2008 s 4	12.12.2008	
Pt 9 Div 12	Pt 3 Div 14 inserted by 21/2002 s 5	1.12.2002	
	Pt 3 Div 14 redesignated as Pt 9 Div 12 by 9/2004 s 71	1.5.2004	
s 75	s 39 redesignated as s 75 by 9/2004 s 72	1.5.2004	
Transitional etc provisions associated with Act or amendments
Wrongs Act Amendment Act 1986
4—Transitional provision
The amendments made by this Act do not affect a cause of action that arose before the commencement of this Act.
Wrongs Act Amendment Act 1987
4—Operation of this Act
This Act does not affect a cause of action that arose before its commencement and does not give rise to a cause of action in relation to an event that occurred before its commencement.
Statutes Amendment (Motor Vehicles and Wrongs) Act 1993
19—Transitional provision
The amendments made by this Act do not affect a cause of action, right or liability that arose before the commencement of this Act.
Statutes Amendment (Motor Accidents) Act 1998
14—Transitional provision
	(1)	An amendment made by this Act does not affect a cause of action, right or liability that arose before the commencement of the amendment.
	(2)	However, subsection (1) does not derogate from the operation of section 105 of the Motor Vehicles Act 1959.
Wrongs (Liability and Damages for Personal Injury) Amendment Act 2002
6—Transitional provision
	(1)	The amendments made by sections 3 and 4 of this Act are applicable to an action in which damages are claimed for personal injury if the accident out of which the action arises occurs on or after the commencement of those sections.
	(2)	If the accident out of which the action arises occurred before the commencement of sections 3 and 4 of this Act, the principal Act (if relevant to the action) applies as if the amendments made by those sections had not been made.
Example—
Suppose that A was exposed to asbestos in 1986 but is not diagnosed with asbestosis until 2004. The assessment of A's damages for personal injury would be determined in accordance with the law that applied before the commencement of sections 3 and 4 of the Wrongs Act (Liability and Assessment of Damages for Personal Injury) Amendment Act 2002.
7—Report on implications of these amendments
As soon as practicable after the expiration of 2 years from the commencement of this Act, the Economic and Finance Committee must investigate and report to the Parliament on the effect of the amendments on the availability and cost of public liability insurance.
Law Reform (Ipp Recommendations) Act 2004, Sch 1
1—Transitional provision
	(1)	The amendments made by the Law Reform (Ipp Recommendations) Act 2004 (the Ipp Recommendations Act) are intended to apply only prospectively.
	(2)	If a cause of action that is based wholly or partly on an event that occurred before the commencement of the Ipp Recommendations Act arises after the commencement of the Ipp Recommendations Act, it will be determined as if the amendments had not been enacted.
Example—
Suppose that A was exposed to asbestos in 1990 but a resultant illness is not diagnosed until after the commencement of the Ipp Recommendations Act. An action is then brought in negligence in which damages are claimed for personal injury. The amendments made by the Ipp Recommendations Act would not affect the determination of liability or the assessment of damages.
	(3)	As soon as practicable after the expiration of 3 years from the commencement of this Schedule, the Economic and Finance Committee must investigate and report to the Parliament on the effect of the Ipp Recommendations Act on the availability and cost of insurance to persons.
Statutes Amendment (Domestic Partners) Act 2006
51—Transitional provision
An amendment made by this Act to the Civil Liability Act 1936 applies only in relation to a cause of action that arises after the commencement of this section.
Historical versions
Reprint No 1—31.10.1991		
Reprint No 2—3.5.1993		
Reprint No 3—28.10.1993		
Reprint No 4—7.7.1994		
Reprint No 5—1.1.1995		
Reprint No 6—3.7.1997		
Reprint No 7—11.9.1997		
Reprint No 8—6.7.1998		
Reprint No 9—29.10.1998		
Reprint No 10—1.7.1999		
Reprint No 11—9.11.2000		
Reprint No 12—16.8.2001		
Reprint No 13—1.12.2002		
Reprint No 14—10.3.2003		
Reprint No 15—24.11.2003		
1.5.2004		
1.1.2006		
8.2.2006		
18.1.2007		
1.6.2007		
12.12.2008