South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 43

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.