Civil Liability Act 2002 (WA)

Western Australia Civil Liability Act 2002 Western Australia Civil Liability Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Damages excluded from Act 1 4. Varying amounts to reflect award rate changes 1 4A. Limited contracting out 1 5. Act binds Crown 1 Part 1A — Liability for harm caused by the fault of a person Division 1 — Preliminary 5A. Application of Part 1 Division 2 — Duty of care 5B. General principles 1 Division 3 — Causation 5C. General principles 1 5D. Onus of proof 1 Division 4 — Recreational activities 5E. Terms used 1 5F. Term used: obvious risk 1 5G. Application of Division 1 5H. No liability for harm from obvious risks of dangerous recreational activities 1 5I. No liability for recreational activity where risk warning 1 5J. Waiver of contractual duty of care for recreational activities 1 Division 5 — Contributory negligence 5K. Standard of contributory negligence 1 5L. Presumption if person who suffers harm is intoxicated 1 Division 6 — Assumption of risk 5M. Term used: obvious risk 1 5N. Injured person presumed to be aware of obvious risk 1 5O. No duty to warn of obvious risk 1 5P. No liability for harm from inherent risk 1 Division 7 — Professional negligence 5PA. Term used: health professional 1 5PB. Standard of care for health professionals 1 Part 1B — Mental harm 5Q. Terms used 1 5R. Application of Part 1 5S. Mental harm: duty of care 1 5T. Liability for pecuniary loss for consequential mental harm 1 Part 1C — Liability relating to public function 5U. Terms used 1 5V. Application of Part 1 5W. Principles concerning resources, responsibilities etc. of public body or officer 1 5X. Policy defence 1 5Y. Proceedings against public body or officer based on breach of statutory duty 1 5Z. Special protection for road authorities 1 5AA. Exercise of function or decision to exercise does not create duty 1 Part 1CA — Liability relating to emergency medical assistance given to enrolled children 5AAA. Terms used 1 5AAB. Application of this Part 1 5AAC. Protection of staff members 1 5AAD. Exclusion from protection 1 Part 1D — Good samaritans 5AB. Terms used 1 5AC. Application of this Part 1 5AD. Protection of good samaritans 1 5AE. Exclusion from protection 1 Part 1E — Apologies 5AF. Term used: apology 1 5AG. Application of this Part 1 5AH. Effect of apology on liability 1 Part 1F — Proportionate liability 5AI. Terms used 1 5AJ. Application of Part 1 5AJA. Certain concurrent wrongdoers not to have benefit of apportionment 1 5AK. Proportionate liability for apportionable claims 1 5AKA. Duty of defendant to inform plaintiff about concurrent wrongdoers 1 5AL. Contribution not recoverable from defendant 1 5AM. Subsequent actions 1 5AN. Joining non‑party concurrent wrongdoers in action 1 5AO. Part does not prevent other liability or operation of other Act 1 Part 2 — Awards of personal injury damages Division 1 — Preliminary 6. Application of this Part 1 7. Court awards constrained 1 8. Act does not give rise to any cause of action 1 Division 2 — Damages for non‑pecuniary loss (general damages) 9. Restrictions on damages for non‑pecuniary loss (general damages) 1 10. Amount A and Amount C 1 10A. Tariffs for damages for non‑pecuniary loss 1 Division 3 — Fixing damages for pecuniary loss 11. Damages for loss of earnings 1 12. Damages for provision of home care services 1 13. Amount B 1 13A. Restrictions on damages if payments received under CISS 1 Division 4 — Structured settlements 14. Term used: structured settlement 1 15. Consent order for structured settlement 1 Division 5 — Provisional and subsequent damages Subdivision 1 — Preliminary 15AA. Terms used 1 15AB. Dust disease 1 Subdivision 2 — Provisional damages 15AC. Award of provisional damages 1 15AD. Amount of provisional damages 1 15AE. Settlement agreement in initial action 1 15AF. Consequence of settlement in initial action 1 Subdivision 3 — Subsequent damages 15AG. Award of subsequent damages 1 15AH. Court must give effect to terms of settlement agreements 1 15AI. Evidence to apply in subsequent actions 1 15AJ. One award of subsequent damages for each subsequent dust disease 1 15AK. Amount of subsequent damages 1 15AL. Settlement agreement in subsequent action 1 15AM. Consequence of settlement in subsequent action 1 15AN. Costs 1 Subdivision 4 — Transitional provisions 15AO. Transitional provision 1 Part 2A — Child sexual abuse actions Division 1 — Preliminary 15A. Terms used 1 Division 2 — Liability of certain office holders and institutions, and availability of assets 15B. Liability of current office holder in unincorporated institution 1 15C. Assets available for judgments and settlements: office holders 1 15D. Liability of incorporated institution that was unincorporated at time of abuse 1 15E. Assets available for judgments and settlements: institutions 1 15F. Continuity of institutions: institution substantially the same 1 15G. Continuity of institutions: no institution the same or substantially the same 1 15H. Continuity of offices 1 15I. Accrual of certain child sexual abuse causes of action 1 15J. Displacement of Corporations legislation 1 Division 3 — Prior compensation payments 15K. Prior compensation payments taken into account 1 Division 4 — Caps on legal fees 15L. Caps on legal fees 1 Division 5 — Review of Part 2A 15M. Review of Part 1 Part 3 — Advertising legal services relating to personal injury and touting 16. Terms used 1 17. Restriction on advertising legal services relating to personal injury 1 18. Allowed publication 1 19. Prohibition on touting at scene of incidents or at any time 1 20. Prohibition against paying, or seeking payment, for touting 1 21. Consequences if person approved under an Act is convicted under s. 19 or 20 1 Part 4 — Other matters 22. Regulations 1 Notes Compilation table 1 Defined terms Western Australia Civil Liability Act 2002 An Act relating to various aspects of civil liability, to restrict advertising legal services relating to personal injury, to restrict touting, and for related purposes. [Long title inserted: No. 58 of 2003 s. 4.]