South Australian Current Acts South Australian Current Acts (1) 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) 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; or
(b) a
person who was in a registered relationship 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 is caused by or
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 ;
"MVA motor accident" means a motor accident where the motor vehicle is a
motor vehicle as defined in the Motor Vehicles Act 1959 ;
"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;
"registered relationship" means a relationship that is registered under the
Relationships Register Act 2016 , and includes a corresponding law
registered relationship under that Act;
"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.
(2) For the purposes
of this Act, personal injury will arise from a motor accident if the
personal injury is caused by or arises out of the use of a motor vehicle.