Civil Liability Act 2003 (Qld)

Civil Liability Act 2003

An Act to reform the law of civil liability for negligent acts, and for other purposes

Chapter 1 Preliminary

Part 1 Introduction

1 Short title This Act may be cited as the Civil Liability Act 2003.

2 Commencement (1) Subject to subsections (2) and (3), this Act is taken to have commenced on 2 December 2002. (2) The following provisions commence on assent— • chapter 2, part 1, division 7, part 3, division 2 and part 4 • chapter 3, parts 2 and 4 • sections 53, 54 and 56 to 60 • chapter 4, parts 1 and 2 • chapter 5 • chapter 6 and schedule 1. (3) Chapter 2, part 2 commences on a day to be fixed by proclamation.

3 Notes in text A note in the text of this Act is part of this Act.

Part 2 Application of Act

4 Application of Act (1) Subject to section 5, this Act applies to any civil claim for damages for harm. (2) The following provisions apply only in relation to a breach of duty happening on or after 2 December 2002— • chapter 2, part 1, divisions 1 to 6 • chapter 2, part 3, division 1 • section 55. (3) Chapter 2, part 2 applies only in relation to a breach of duty happening on or after the commencement of this subsection. (4) The following provisions apply in relation to a breach of duty happening on or after the day this Act receives assent— • chapter 2, part 4 • sections 52, 54, 56, 57, 58, 59, 60, 72. (5) Chapter 2, part 5 applies only in relation to a breach of duty happening on or after the commencement of this subsection. (6) Sections 64, 65, 66, 67 and 73 apply in relation to personal injuries damages regardless of when the injury happened.

5 Civil liability excluded from Act (1) This Act does not apply in relation to deciding liability or awards of damages for personal injury if the harm resulting from the breach of duty is or includes— (a) an injury for which compensation is payable under the WorkCover Queensland Act 1996, other than an injury to which section 36(1)(c) or 37 of that Act applies; or Example for paragraph (a)— A worker employed under a contract of service with a labour hire company is injured at the premises of a host employer while driving a defective machine. The worker pursues claims for damages for civil liability against the labour hire company, the host employer and the manufacturer of the machine. The worker suffers a number of injuries but only 1 of them is accepted as an injury under the WorkCover Queensland Act 1996, section 34. This Act does not apply to any of the claims for damages. (b) an injury for which compensation is payable under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies; or (c) an injury that is a dust-related condition; or (d) an injury resulting from smoking or other use of tobacco products or exposure to tobacco smoke. (2) For subsection (1)(a) or (b), the following is immaterial— (a) whether compensation for the injury is actually claimed under the relevant Workers' Compensation Act; (b) whether the entitlement to seek damages for the injury is regulated under that Act. (3) Despite subsection (1)(c) and (d), this Act applies for deciding awards of section 59A damages relating to an injury mentioned in subsection (1)(c) or (d). (4) To remove any doubt, it is declared that a breach of duty mentioned in subsection (1) includes a breach of duty giving rise to a dependency claim. (5) In this section— compensation for injury, under a relevant Workers' Compensation Act, includes payment of— (a) reasonable expenses for medical treatment or attendance; and (b) funeral expenses. relevant Workers' Compensation Act means— (a) for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1)(a)—the WorkCover Queensland Act 1996; or (b) for compensation, or an entitlement to seek damages, for an injury mentioned in subsection (1)(b)—the Workers' Compensation and Rehabilitation Act 2003.