South Australian Current Acts

CIVIL LIABILITY ACT 1936

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Act to bind the Crown
   3.      Interpretation
   4.      Application of Act

   PART 3--Liability for animals

   18.     Liability for animals

   PART 4--Occupiers liability

   19.     Interpretation
   20.     Occupier's duty of care
   21.     Landlord's liability limited to breach of duty to repair
   22.     Exclusion of conflicting common law principles

   PART 5--Wrongful acts or neglect causing death

   23.     Liability for death caused wrongfully
   24.     How to bring action etc
   25.     Restriction of actions and time of commencement
   26.     Particulars of person for whom damages claimed
   27.     Provision where no executor or administrator or action not commenced within 6 months
   28.     Liability to parents of person wrongfully killed
   29.     Liability to surviving spouse or domestic partner of person wrongfully killed
   30.     Further provisions as to solatium etc

   PART 6--Negligence

           Division 1--Duty of care

   31.     Standard of care
   32.     Precautions against risk
   33.     Mental harm--duty of care

           Division 2--Causation

   34.     General principles
   35.     Burden of proof

           Division 3--Assumption of risk

   36.     Meaning of obvious risk
   37.     Injured persons presumed to be aware of obvious risks
   38.     No duty to warn of obvious risk
   39.     No liability for materialisation of inherent risk

           Division 4--Negligence on the part of persons professing to have a particular skill

   40.     Standard of care to be expected of persons professing to have a particular skill
   41.     Standard of care for professionals

           Division 5--Liability of road authorities

   42.     Liability of road authorities

           Division 6--Exclusion of liability for criminal conduct

   43.     Exclusion of liability for criminal conduct

   PART 7--Contributory negligence

   44.     Standard of contributory negligence
   45.     Contributory negligence in cases brought on behalf of dependants of deceased person
   46.     Presumption of contributory negligence where injured person intoxicated
   47.     Presumption of contributory negligence where injured person relies on care and skill of person known to be intoxicated
   48.     Evidentiary provision relating to intoxication
   49.     Non-wearing of seatbelt etc
   50.     How case is dealt with where damages are liable to reduction on account of contributory negligence

   PART 7A--Child abuse--liability of institutions

           Division 1--Preliminary

   50A.    Interpretation
   50B.    Meaning of associated trust
   50C.    When persons are associated with institution
   50D.    Application of Part

           Division 2--Duty of institutions to prevent child abuse

   50E.    Duty to prevent child abuse
   50F.    Proof of whether duty was breached

           Division 3--Vicarious liability of institutions

   50G.    Institutions vicariously liable for abuse of child by employee

           Division 4--Liability of particular institutions and office holders

   50H.    Liability of incorporated institution that was unincorporated at time of abuse
   50I.    Liability of current office holder of unincorporated institution
   50J.    Claim against unincorporated institution and nomination of appropriate defendant
   50K.    Proceeding against nominee of unincorporated institution

           Division 5--Satisfaction of liability

   50L.    Assets available to satisfy liability of institution
   50M.    Assets available to satisfy liability of nominee
   50N.    Assets available to satisfy liability of current office holder
   50O.    Satisfaction of liability by trustee of associated trust
   50P.    References to liability

           Division 6--Miscellaneous

   50Q.    Entities may act despite other laws and duties
   50R.    Continuity of institutions
   50S.    Continuity of offices
   50T.    Corporations Act displacement
   50U.    Proceedings despite previous judgment

   PART 7B--Child abuse--setting aside settlements

   50V.    Meaning of affected agreement
   50W.    Court may set aside affected agreement
   50X.    Effect of setting aside affected agreement

   PART 8--Damages for personal injury

   51.     Application of this Part
   52.     Damages for non-economic loss
   53.     Damages for mental harm
   54.     Damages for loss of earning capacity
   55.     Lump sum compensation for future losses
   56.     Exclusion of interest on damages compensating non-economic loss or future loss
   56A.    Additional provisions relating to motor vehicle injuries (economic loss)
   57.     Exclusion of damages for cost of management or investment
   58.     Damages in respect of gratuitous services
   58A.    Limitations on damages for participants in lifetime support scheme
   58B.    Additional provisions relating to death on account of a motor vehicle injury

   PART 9--Miscellaneous

           Division 1--Rights as between employer and employee

   59.     Rights as between employer and employee

           Division 2--Remedies against certain shipowners

   60.     Remedy against shipowners and others for injuries

           Division 3--Damage by aircraft

   61.     Damage by aircraft
   62.     Exclusion of liability for trespass or nuisance

           Division 4--Abolition of rule of common employment

   63.     Abolition of rule of common employment

           Division 5--Actions in tort relating to spouses and domestic partners

   64.     Abolition of rule as to unity of spouses
   65.     Spouse or domestic partner may claim for loss or impairment of consortium
   66.     Damages where injured spouse or domestic partner participated in business

           Division 6--Limitation on the award of damages for the costs of raising a child

   67.     Limitation on the award of damages for the costs of raising a child

           Division 7--Abolition of actions of seduction, enticement and harbouring

   68.     Abolition of actions for enticement, seduction and harbouring

           Division 8--Unreasonable delay in resolution of claim

   69.     Definitions
   70.     Damages for unreasonable delay in resolution of a claim
   71.     Regulations

           Division 9--Liability for perjury in civil actions

   72.     Liability for perjury in civil actions

           Division 10--Racial victimisation

   73.     Racial victimisation

           Division 11--Good samaritans

   74.     Good samaritans

           Division 11A--Food donors and distributors

   74A.    Food donors and distributors

           Division 11B--Supply of food in customers' containers

   74B.    Supplying food in customers' own containers

           Division 12--Effect of apology on liability

   75.     Effect of apology on liability

           Division 12A--Exclusion of civil liability where Crown publishes certain information

   75A.    Exclusion of civil liability where Crown publishes certain information

           Division 13--Regulations

   76.     Assessment of motor vehicle injuries
   77.     Regulations--general provisions
           Legislative history
           The Parliament of South Australia enacts as
           follows: