The place to access your Free Legal Rights Information

Download PDF

Civil Liability Act 2003 – 7 November 2013

Civil Liability Regulation 2014 – 1 July 2015

Quick to view summary

A person should take precautions against risk of harm to others to prevent a civil claim for damages. A warning may be required to be given where a service could result in the risk of death or personal injury. A person however generally accepts their own risk of harm for dangerous recreational activities.

  • Sections 9, 10, 15, 18, 19

A volunteer generally does not incur any personal civil liability in relation to any act or omission done or made by the volunteer in good faith when doing community work organised by a community organisation or as an office holder of a community organisation. Note: A similar protection may be offered under Commonwealth legislation. For the definitions of ‘community organisation’ and ‘community work’, refer to section 38 of the Act.

  • Sections 38, 39, 40, 41, 42, 43, 44

A person’s intoxication or reliance upon an intoxicated person may reduce a person’s civil claim for damages.

  • Sections 47, 48, 49

A person claiming for personal injury damages may give the person who caused harm a notice suggesting action which should be taken to reduce damages.

  • Section 53

A person who has caused harm to another may make an expression of regret or apology that cannot be used against them in a civil claim for damages (but only prior to proceedings if they relate to personal injury).

  • Sections 68, 70, 71, 72, 72A, 72B, 72C, 72D
Reason for law

To reform the law of civil liability for negligent acts. (Long title to Act)

Relevant links

N/A

Critique

Section 3: notes forming part of an Act is not common for Acts of Parliament.

Section 58 contains the phrases ‘loss of consortium’ and ‘loss of servitium’. These phrases are not commonly understood by members of the public.

Suggested further reading

Advertising

APL-advertising-500

Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

Featured image from Flickr Commons – https://www.flickr.com/photos/britishlibrary/10998978774/in/photostream/

APL-SS BULLETINGLOBAL LAW PROGRAM LOGO

Access Point Law | ABN 85 103 203 656
Copyright 2015 Andrew Bird