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CIVIL LIABILITY ACT 2002 - SECT 5O
Standard of care for professionals
5O Standard of care for professionals
(1) A person practising a profession (
"a professional" ) does not incur a liability in negligence arising from the
provision of a professional service if it is established that the professional
acted in a manner that (at the time the service was provided) was widely
accepted in Australia by peer professional opinion as competent professional
practice.
(2) However, peer 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 peer professional opinions
widely accepted in Australia concerning a matter does not prevent any one or
more (or all) of those opinions being relied on for the purposes of this
section.
(4) Peer professional opinion does not have to be universally
accepted to be considered widely accepted.
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