Civil Liability Amendment Act 2004 (TAS)

Civil Liability Amendment Act 2004

An Act to amend the Civil Liability Act 2002

[Royal Assent 9 June 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Civil Liability Amendment Act 2004 . 2CommencementThis Act is taken to have commenced on the day on which the Civil Liability Amendment Act 2003 commenced. 3Principal ActIn this Act, the Civil Liability Act 2002 is referred to as the Principal Act. 4Section 4 amended (Application of Act) Section 4 of the Principal Act is amended as follows: (a) by omitting from subsection (2) " Part 5 applies" and substituting " Part 5 and section 12 apply"; (b) by omitting from subsection (2) "before" and substituting "before or after"; (c) by inserting the following subsection after subsection (2) : (3)  Part 6 , other than section 12 , and Parts 7 , 8 , 9 , 10 and 11 do not apply to a cause of action accrued before 4 July 2003. 5Section 21 amended (Proactive and reactive duty of registered medical practitioner to warn of risk) Section 21(1) of the Principal Act is amended as follows: (a) by inserting "following" after "patient the"; (b) by omitting "information) –" and substituting "information):"; (c) by omitting from paragraph (a) "that" and substituting "information that"; (d) by omitting from paragraph (a) "advice; and" and substituting "advice;"; (e) by omitting from paragraph (b) "that" and substituting "information that".

[Second reading presentation speech made in:

House of Assembly on 27 APRIL 2004

Legislative Council on 20 MAY 2004]