Civil Liability Act 1936 (SA)

South Australia

Civil Liability Act 1936

An Act to consolidate certain Acts relating to wrongs.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Civil Liability Act 1936.

This Act binds the Crown in right of South Australia and, so far as the legislative power of the Parliament of South Australia permits, the Crown in all its other capacities.

1. (1)

   In this Act, unless the contrary intention appears—

accident means an incident out of which personal injury arises and includes a motor accident;

brother includes half-brother and step-brother;

child includes son, daughter, grandson, granddaughter, step-son and step-daughter;

consequential mental harm means mental harm that is a consequence of bodily injury to the person suffering the mental harm;

Consumer Price Index means the Consumer Price Index (all groups index for Adelaide) published by the Australian Statistician under the Census and Statistics Act 1905 (Cwth);

contributory negligence means a failure by a person who suffers harm to exercise reasonable care and skill for his or her own protection or for the protection of his or her own interests;

damages means compensation or damages for harm and includes solatium but does not include—

1. (a)

   workers compensation; or

2. (b)

   compensation under a statutory scheme for compensating victims of crime;

domestic partner, in relation to any cause of action arising under this Act, means—

1. (a)

   a person declared under the Family Relationships Act 1975 to have been a domestic partner on the day on which the cause of action arose; or

2. (b)

   a person who was in a registered relationship on the day on which the cause of action arose;

drive includes ride, and driver and rider have corresponding meanings;

duty of care means a duty to take reasonable care or to exercise reasonable skill (or both);

harm includes loss of life, personal injury, damage to property, economic loss and loss of any other kind;

health care service includes—

1. (a)

   a diagnostic service;

2. (b)

   a therapeutic service;

3. (c)

   any other service directed at maintaining or restoring health;

intoxicated—a person is intoxicated if under the influence of alcohol or a drug to the extent that the person's capacity to exercise due care and skill is impaired;

medical expenses includes—

1. (a)

   the fees of medical practitioners and other professional medical advisers and therapists; and

2. (b)

   the cost of hospitalisation; and

3. (c)

   the cost of medicines and therapeutic appliances;

mental harm means impairment of a person's mental condition;

motor accident means an incident in which personal injury is caused by or arises out of the use of a motor vehicle;

motor vehicle means—

1. (a)

   a motor vehicle as defined in the Motor Vehicles Act 1959; or

2. (b)

   a vehicle operated on a railway, tramway or other fixed track or path by—

   1. (i)

      a person who holds a contract, licence or authority under the Passenger Transport Act 1994; or

   2. (ii)

      a person who holds…