Western Australian Current Acts

CIVIL LIABILITY ACT 2002

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   3A.     Damages excluded from Act
            
   4.      Varying amounts to reflect award rate changes
            
   4A.     Limited contracting out
            
   5.      Act binds Crown

   PART 1A -- Liability for harm caused by the fault of a person

           Division 1 -- Preliminary  

   5A.     Application of PART

           Division 2 -- Duty of care  

   5B.     General principles

           Division 3 -- Causation  

   5C.     General principles
            
   5D.     Onus of proof

           Division 4 -- Recreational activities  

   5E.     Terms used
            
   5F.     Term used: obvious risk
            
   5G.     Application of Division
            
   5H.     No liability for harm from obvious risks of dangerous recreational activities
            
   5I.     No liability for recreational activity where risk warning
            
   5J.     Waiver of contractual duty of care for recreational activities

           Division 5 -- Contributory negligence  

   5K.     Standard of contributory negligence
            
   5L.     Presumption if person who suffers harm is intoxicated

           Division 6 -- Assumption of risk  

   5M.     Term used: obvious risk
            
   5N.     Injured person presumed to be aware of obvious risk
            
   5O.     No duty to warn of obvious risk
            
   5P.     No liability for harm from inherent risk

           Division 7 -- Professional negligence  

   5PA.    Term used: health professional
            
   5PB.    Standard of care for health professionals

   PART 1B -- Mental harm  

   5Q.     Terms used
            
   5R.     Application of Part
            
   5S.     Mental harm: duty of care
            
   5T.     Liability for pecuniary loss for consequential mental harm

   PART 1C -- Liability relating to public function  

   5U.     Terms used
            
   5V.     Application of Part
            
   5W.     Principles concerning resources, responsibilities etc. of public body or officer
            
   5X.     Policy defence
            
   5Y.     Proceedings against public body or officer based on breach of statutory duty
            
   5Z.     Special protection for road authorities
            
   5AA.    Exercise of function or decision to exercise does not create duty

   PART 1CA -- Liability relating to emergency medical assistance given to enrolled children  

   5AAA.   Terms used
            
   5AAB.   Application of this Part
            
   5AAC.   Protection of staff members
            
   5AAD.   Exclusion from protection

   PART 1D -- Good samaritans  

   5AB.    Terms used
            
   5AC.    Application of this Part
            
   5AD.    Protection of good samaritans
            
   5AE.    Exclusion from protection

   PART 1E -- Apologies  

   5AF.    Term used: apology
            
   5AG.    Application of this Part
            
   5AH.    Effect of apology on liability

   PART 1F -- Proportionate liability  

   5AI.    Terms used
            
   5AJ.    Application of Part
            
   5AJA.   Certain concurrent wrongdoers not to have benefit of apportionment
            
   5AK.    Proportionate liability for apportionable claims
            
   5AKA.   Duty of defendant to inform plaintiff about concurrent wrongdoers
            
   5AL.    Contribution not recoverable from defendant
            
   5AM.    Subsequent actions
            
   5AN.    Joining non-party concurrent wrongdoers in action
            
   5AO.    Part does not prevent other liability or operation of other Act

   PART 2 -- Awards of personal injury damages

           Division 1 -- Preliminary  

   6.      Application of this PART
            
   7.      Court awards constrained
            
   8.      Act does not give rise to any cause of action

           Division 2 -- Damages for non-pecuniary loss (general damages)  

   9.      Restrictions on damages for non-pecuniary loss (general damages)
            
   10.     Amount A and Amount C
            
   10A.    Tariffs for damages for non-pecuniary loss

           Division 3 -- Fixing damages for pecuniary loss  

   11.     Damages for loss of earnings
            
   12.     Damages for provision of home care services
            
   13.     Amount B
            
   13A.    Restrictions on damages if payments received under CISS

           Division 4 -- Structured settlements  

   14.     Term used: structured settlement
            
   15.     Consent order for structured settlement

   PART 2A -- Child sexual abuse actions

           Division 1 -- Preliminary  

   15A.    Terms used

           Division 2 -- Liability of certain office holders and institutions, and availability of assets  

   15B.    Liability of current office holder in unincorporated institution
            
   15C.    Assets available for judgments and settlements: office holders
            
   15D.    Liability of incorporated institution that was unincorporated at time of abuse
            
   15E.    Assets available for judgments and settlements: institutions
            
   15F.    Continuity of institutions: institution substantially the same
            
   15G.    Continuity of institutions: no institution the same or substantially the same
            
   15H.    Continuity of offices
            
   15I.    Accrual of certain child sexual abuse causes of action
            
   15J.    Displacement of Corporations legislation

           Division 3 -- Prior compensation payments  

   15K.    Prior compensation payments taken into account

           Division 4 -- Caps on legal fees  

   15L.    Caps on legal fees

           Division 5 -- Review of Part 2A  

   15M.    Review of Part

   PART 3 -- Advertising legal services relating to personal injury and touting  

   16.     Terms used
            
   17.     Restriction on advertising legal services relating to personal injury
            
   18.     Allowed publication
            
   19.     Prohibition on touting at scene of incidents or at any time
            
   20.     Prohibition against paying, or seeking payment, for touting
            
   21.     Consequences if person approved under an Act is convicted under s. 19 or

   PART 4 -- Other matters  

   22.     Regulations
            
           Uncommenced provisions table
           Defined terms