Victorian Current Acts Victorian Current Acts(1) A professional is not negligent in providing 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 a significant number of respected practitioners in the field ( peer professional opinion ) as competent professional practice in the circumstances.
(2) However, peer professional opinion cannot be relied on for the purposes of this section if the court determines that the opinion is unreasonable.
(3) The fact that there are differing peer professional opinions widely accepted in Australia by a significant number of respected practitioners in the field 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.
(5) If, under this section, a court determines peer professional opinion to be unreasonable, it must specify in writing the reasons for that determination.
(6) Subsection (5) does not apply if a jury determines the matter.
S. 60 inserted by No. 102/2003 s. 3.