Wrongs Act 1958 (Vic)

Version No. 129

Wrongs Act 1958

No. 6420 of 1958

Version incorporating amendments as at

18 November 2024

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeals and savings

2AOffences under this Act deemed to be indictable offences

Part I—Criminal defamation and the reporting of court proceedings

4No action maintainable against a person for faithfully reporting

9Publishing any libel with intent to extort money

10Publisher of false defamatory libel

11Trial for defamatory libel

13Costs

13AATransitional

Part IA—Publishers

13AApplication of Part

13BDefinitions

13CIdentification of publisher

13DTransitional provisions

Part II—Seduction

14Proof of loss of service in actions of seduction unnecessary

Part IIA—Occupiers' liability

14ADefinitions

14BLiability of occupiers

14CLiability of Crown

14DApplication of Part V

14ETransitional

Part IIB—Negligence—intoxication and illegal activity

14FCommon law

14GConsideration of intoxication and illegal activity

14HApplication

Part IIC—Apologies

14IDefinitions

14JApology not admission of liability

14KReduction or waiver of fees

14LApplication

Part III—Wrongful act or neglect causing death

16Liability for death caused wrongfully

17Action for death caused wrongfully

18Action for damages by persons interested

19Assessment of damages

19ALimitation on damages for loss of gratuitous care

19BCalculation of damages for gratuitous care

19CApplication of sections 19A and 19B

20Application to court as to cause of action under this Part

21Particulars of demand

22Payment into court

23Mental or nervous shock

23AARegulations

23ABSupreme Court—limitation of jurisdiction

23ACTransitional for gratuitous care

23ADSupreme Court—limitation of jurisdiction

23AETransitional for assessment of damages

Part IV—Contribution

23ADefinitions

23BEntitlement to contribution

24Recovery of contribution

24AAAWhen employer not liable to indemnify third party in relation to an injury

24AAProceedings against persons jointly liable for the same debt or damage

24ABSuccessive actions against persons liable (jointly or otherwise) for the same damage

24ACApplication to the Crown

24ADSavings

24ADATransitional and validating for Part IV—Justice Legislation Amendment Act 2023

Part IVAA—Proportionate liability

24AEDefinitions

24AFApplication of Part

24AGWhat claims are excluded from this Part?

24AHWho is a concurrent wrongdoer?

24AIProportionate liability for apportionable claims

24AJContribution not recoverable from defendant

24AKSubsequent actions

24ALJoining non-party concurrent wrongdoer in the action

24AMWhat if a defendant is fraudulent?

24ANLiability for contributory negligence not affected

24AOEffect of Part IV

24APPart not to affect other liability

24AQSupreme Court—limitation of jurisdiction

24ARRegulations

24ASTransitional

Part IVA—Abolition of doctrine of common employment

24AAbolition of doctrine of common employment

Part V—Contributory negligence

25Definitions

26Liability for contributory negligence

27Supreme Court—limitation of jurisdiction

28Non-application of this Part

28AATransitional provision

28AABTransitional and validating for Part V—Justice Legislation Amendment Act 2023

Part VA—Assessment of damages

28ADamages for deprivation or impairment of earning capacity

Part VB—Personal injury damages

28BDefinitions

28CApplication of Part

28DGeneral regulation of court awards

28EPart does not give rise to any cause of action

28FDamages for past or future economic loss—maximum for loss of earnings etc.

28GFixing damages for non-economic loss

28HIndexation of certain amounts—consumer price index

28HAAIndexation—no reduction

28HAABIndexation—rounding

28HATariffs for damages for non-economic loss

28IDamages for future economic loss—discount rate

28IALimitation on damages for gratuitous attendant care

28IBCalculation of damages

28ICOther laws not to be affected

28IDCourt may award damages for loss of capacity to provide gratuitous care to dependants

28IECalculation of damages for gratuitous care

28IFSections 28ID(2) to (5) and 28IE do not apply to certain actions for damages

28JSupreme Court—limitation of jurisdiction

28KRegulations

28LTransitional

28LATransitional for gratuitous attendant care services

28LABTransitional for tariffs for damages for non-economic loss

28LACTransitional for gratuitous care

28LACATransitionals—Wrongs Amendment Act 2015

28LACBPower to resolve transitional difficulties in proceeding—Wrongs Amendment Act 2015

Part VBAA—Awards of damages related to death or injury of prisoners

28LADDefinitions

28LAEApplication of Part

28LAFAssessment of damages

28LAGCriminal record

28LAHTransitional

Part VBA—Thresholds in relation to recovery of damages for non‑economic loss

Division 1—Introductory

28LBDefinitions

28LCApplication of Part

28LDThis Part is substantive law

Division 2—Restriction on recovery of damages for non‑economic loss

28LERestriction on recovery of damages for non‑economic loss

28LFWhat is significant injury?

Division 3—Assessment of impairment

28LGWho can assess impairment?

28LHHow is the degree of impairment to be assessed?

28LIAssessment of certain impairments

28LJRegard not to be had to secondary psychiatric or psychological impairment

28LKAssessment of hearing impairment

28LLAssessment in relation to injuries arising out of the same incident

28LMPrescribed methods for assessment

28LNCertificate of assessment

28LNACertificate where injury not stabilised

Division 4—Procedure for claim for non-economic loss

28LOAgreement to waive assessment of impairment

28LPWhat if the respondent asks for more information?

28LQWhat if the respondent disputes responsibility?

28LRCan a respondent bind any other respondent?

28LTCopy of certificate of assessment to be served on respondent

28LUMultiple respondents

28LVLimitation period suspended

28LWResponse to medical assessment

28LWAWhat if the respondent asks for more information?

28LWBWhat if the respondent disputes responsibility?

28LWCCan a respondent bind any other respondent?

28LWDStatement not admission of liability

28LWEReferral of medical question to Medical Panel

28LXRespondent to pay costs of referral

28LXAAdministration

Division 5—Procedure of Medical Panel

28LYApplication

28LZProcedure of Medical Panel

28LZARespondent must provide information to Medical Panel

28LZBWhat if there is more than one referral in relation to an assessment?

28LZCWhat can a Medical Panel ask a claimant to do?

28LZDAttendance before Medical Panel to be private

28LZEMedical Panel can ask a registered health practitioner to attend

28LZFProtection of information given to Medical Panel

28LZGDetermination of Panel

28LZGAFurther assessment

28LZHEffect of determination as to threshold level

28LZILimitations on appeal in relation to assessments and determinations

28LZJTreating medical practitioner not to be on Medical Panel

28LZKValidity of acts or decisions

28LZLOperation of Panel provisions of the Workplace Injury Rehabilitation and Compensation Act 2013

Division 6—Proceedings on claim

28LZMProvision of assessment information to court

28LZMAPower of court to stay proceeding until certificate of assessment and other information is served

28LZNAlternative procedure for special cases

Division 7—General

28LZOSupreme Court—limitation of jurisdiction

28LZPRegulations

28LZQTransitional

28LZRTransitional—Wrongs Amendment (Asbestos Related Claims) Act 2015

28LZSTransitionals—Wrongs Amendment Act 2015

28LZTPower to resolve transitional difficulties in proceeding—Wrongs Amendment Act 2015

Part VC—Structured settlements

28MDefinitions

28NCourt may make order for structured settlement

Part VI—Damage by aircraft

29Definitions

30Limitation of liability for trespass or nuisance by flying over property

31Liability for damage by aircraft or articles falling therefrom

Part VIA—Good samaritan protection

31ADefinition

31BProtection of good samaritans

31C            Application of section 31B

31DSupreme Court—limitation of jurisdiction

Part VIB—Food donor protection

31EInterpretation

31FProtection of food donors

31GApplication of section 31F

31HSupreme Court—limitation of jurisdiction

Part VII—Abolition of liability in tort for maintenance or champerty

32Abolition of liability in maintenance or champerty

Part VIII—Animals straying on to a highway

33Liability for negligence for animals on highway

Part IX—Volunteer protection

34Definitions

35Meaning of volunteer

36Meaning of community work

37Protection of volunteers from liability

38Exceptions to section 37(1)

39Provisions concerning the liability of community organisations

40Certain indemnities etc. have no effect

41               Application of section 37

42Regulations

Part X—Negligence

Division 1—Preliminary

43Definitions

44Application of Part

45Exclusions from Part

46Application to contract

47Effect of this Part on the common law

Division 2—Duty of care

48General principles

49Other principles

50Duty to warn of risk—reasonable care

Division 3—Causation

51General principles

52Burden of proof

Division 4—Awareness of risk

53Meaning of obvious risk

54Voluntary assumption of risk

55No liability for materialisation of inherent risk

56Plaintiff to prove unawareness of risk

Division 5—Negligence of professionals and persons professing particular skills

57Definition

58Standard of care to be expected of persons holding out as possessing a particular skill

59Standard of care for professionals

60Duty to warn of risk

Division 6—Non-delegable duties and vicarious liability

61Liability based on non-delegable duty

Division 7—Contributory negligence

62Standard of care for contributory negligence

63Contributory negligence can defeat claim

Division 8—General

64Regulations

65Supreme Court—limitation of jurisdiction

66Transitional

Part XI—Mental harm

67Definitions

68Application of Part

69Exclusions from Part

70Application to contract

71Effect of this Part on the common law

72Mental harm—duty of care

73Limitation on recovery of damages for pure mental harm arising from shock

74Limitation on recovery of damages for consequential mental harm

75Liability for economic loss for mental harm

76Regulations

77Supreme Court—limitation of jurisdiction

78Transitional

Part XII—Liability of public authorities

79Definitions

80Application of Part

81Exclusions from Part

82Effect of this Part on the common law

83Principles concerning resources, responsibilities etc. of public authorities

84Wrongful exercise of or failure to exercise function

85Exercise of function or decision to exercise does not create duty

86Supreme Court—limitation of jurisdiction

87Transitional

Part XIII—Organisational liability for child abuse

88Definitions

89Application of Part

90When is an individual associated with a relevant organisation?

91Liability of organisations

92Entity may nominate body to be sued

93Transitional

Part XIV—Transitional Provision

94Saving of orders continued in effect after commencement by Serious Offenders Act 2018

Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 129

Wrongs Act 1958

No. 6420 of 1958

Version incorporating amendments as at

18 November 2024

An Act to consolidate the Law relating to Wrongs.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Wrongs Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeals and savings

(1)The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any order notice information liability or right made given laid accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

2AOffences under this Act deemed to be indictable offences

Offences under this Act are, unless the contrary intention appears, deemed to be indictable offences.

PART I—CRIMINAL DEFAMATION AND THE REPORTING OF COURT PROCEEDINGS

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4No action maintainable against a person for faithfully reporting

(1)No action or indictment shall be maintainable against any person for publishing a faithful and accurate report of proceedings in any court of justice, or other legally constituted court or in any inquest or investigation under the Coroners Act 1985 or the Coroners Act 2008: Provided always that it shall not be lawful to publish any matter of an obscene or blasphemous nature nor any proceedings in any court which are not concluded and which the judge magistrate coroner or other presiding officer may pronounce it improper to publish at their then stage.

(2)Subsection (1) does not limit or otherwise affect—

(a)the operation of a provision made by or under any other Act that prohibits or restricts the publication or disclosure of information; or

(b)the Supreme Court's inherent jurisdiction to restrict the publication or disclosure of information.

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9Publishing any libel with intent to extort money

Every person who publishes or threatens to publish any libel upon any other person, or directly or indirectly prints or publishes, or directly or indirectly proposes to abstain from printing or publishing, or directly or indirectly offers to prevent the printing or publishing of any matter or thing touching any other person with intent to extort any money or security for money or any valuable thing from such or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, shall be liable to imprisonment for a term of not more than three years:

Provided always that nothing herein contained shall in any manner alter or affect any law now or hereafter to be in force in respect of the sending or delivery of threatening letters or writings.

10Publisher of false defamatory libel

(1)Every person who maliciously publishes any defamatory libel knowing the same to be false shall be liable to imprisonment for a term of not more than two years and to pay such fine as the court awards.

(2)Every person who maliciously publishes any defamatory libel shall be liable to fine or imprisonment or both as the court may award such imprisonment not to exceed the term of one year.

(3)An offence against subsection (1) or (2) is a summary offence.

11Trial for defamatory libel

(1)On the trial of any charge for a defamatory libel, the accused having pleaded such plea as is hereinafter mentioned, the truth of the matters charged may be inquired into, but shall not amount to a defence unless it was for the public benefit that the said matters charged should be published; and to entitle the accused to give evidence of the truth of such matters charged as a defence to such charge it shall be necessary for the accused in pleading to the said charge to allege the truth of the said matters charged in the same manner as in pleading a justification to an action of defamation, and further to allege that it was for the public benefit that the said matters charged should be published and the particular fact or facts by reason whereof it was for the public benefit that the said matters charged should be published; to which plea the prosecutor shall be at liberty to reply generally denying the whole thereof; and if after such plea the accused is convicted on such charge it shall be competent to the court in pronouncing sentence to consider whether the guilt of the accused is aggravated or mitigated by the said plea or by the evidence given to prove or disprove the same:

Provided always that the truth of the matters charged in the alleged libel complained of by such charge shall in no case be inquired into without such plea of justification:

Provided also that in addition to such plea it shall be competent to the accused to plead a plea of not guilty:

Provided also that nothing in this Act contained shall take away or prejudice any defence under the plea of not guilty which it is now competent to the accused to make under such plea to any charge for defamatory words or libel.

(2)Whensoever upon the trial of any charge for the publication of a libel under the plea of not guilty evidence has been given which establishes a presumptive case of publication against the accused by the act of any other person by his authority, it shall be competent to such accused to prove that such publication was made without his authority consent or knowledge and that the said publication did not arise from want of due care or caution on his part.

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13Costs

In case of any charge by a private prosecutor for the publication of any defamatory libel if judgment is given for the accused, he shall be entitled to recover from the prosecutor the costs sustained by the said accused by reason of such charge; and upon a special plea of justification to such charge if the issue is found for the prosecutor, he shall be entitled to recover from the accused the costs sustained by the prosecutor by reason of such plea, such costs so to be recovered by the accused or prosecutor respectively to be assessed by the proper officer of the court before which the said charge is tried.

13AA   Transitional

(1)Section 10 as amended by section 435(2) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(2) of that Act.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(2) of the Criminal Procedure Act 2009, the offence is alleged to have been committed before that commencement.

PART IA—PUBLISHERS

13AApplication of Part

This Part applies to a document published after the commencement of section 4 of the Printers and Newspapers (Repeal) Act 1998.

13BDefinitions

(1)In this Part—

document means a document in paper form and includes a book, newspaper, pamphlet, leaflet, circular, advertisement, poster, magazine and other periodical publication but does not include a document consisting only of a representation of a work of art;

publish, in relation to a document, means sell or distribute (whether to the public generally or to a restricted class or number of persons) or publicly display.

(2)A person who, on behalf of another person, sells or distributes (whether to the public generally or to a restricted class or number of persons) or publicly displays a document does not publish the document for the purposes of this Part.

13CIdentification of publisher

(1)A person who publishes a document intended for sale or distribution (whether to the public generally or to a restricted class or number of persons) or for public display must print on the document sufficient information to enable a person to reasonably identify the person who published the document.

Penalty:120 penalty units.

(2)A person who publishes a document is to be taken to have satisfied the requirement in subsection (1) if the person prints on the document in a conspicuous place and in durable, legible characters the name of that person, or if that person carries on business under a name registered under the Business Names Registration Act 2011 of the Commonwealth, that name, and the address of that person or the place at which that person carries on business.

(3)It is a defence if a person charged with an offence against subsection (1) proves that the document was not published in Victoria.

(4)An offence against subsection (1) is a summary offence.

13DTransitional provisions

Despite the repeal of the Printers and Newspapers Act 1958, any recognisance entered into under section 21 of that Act ceases to have effect except in relation to any conviction referred to in that section in proceedings that had been commenced but not completed before the repeal of that Act.

PART II—SEDUCTION

14Proof of loss of service in actions of seduction unnecessary

In any action of seduction brought by a parent or person in loco parentis it shall not be necessary for the plaintiff to allege or give evidence of loss of service to the plaintiff by the woman or girl seduced or that between them there was the relation of master and servant but such loss of service and relation shall be conclusively presumed in favour of the plaintiff.

PART IIA—OCCUPIERS' LIABILITY

14ADefinitions

In this Part—

(a)a reference to the occupier of premises includes a reference to the landlord of premises let under a tenancy (including a statutory tenancy not amounting in law to a tenancy) who—

(i)is under an obligation to the tenant to maintain or repair the premises; or

(ii)is, or could have put himself in, a position to exercise a right to enter on the premises to carry out maintenance or repairs; and

(b)a reference to premises includes a reference to any fixed or moveable structure, including any vessel, vehicle or aircraft.

14BLiability of occupiers

(1)The provisions of this Part apply in place of the rules of the common law which before the commencement of the Occupiers' Liability Act 1983 determined the standard of care that an occupier was required to show towards persons entering on his premises in respect of dangers to them.

(2)Except as is provided by subsection (1) the rules of common law are not affected by this Part with respect to the liability of occupiers to persons entering on their premises.

(3)An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that any person on the premises will not be injured or damaged by reason of the state of the premises or of things done or omitted to be done in relation to the state of the premises.

(4)Without restricting the generality of subsection (3), in determining whether the duty of care under subsection (3) has been discharged consideration shall be given to—

(a)the gravity and likelihood of the probable injury;

(b)the circumstances of the entry onto the premises;

(c)the nature of the premises;

(d)the knowledge which the occupier has or ought to have of the likelihood of persons or property being on the premises;

(e)the age of the person entering the premises;

(f)the ability of the person entering the premises to appreciate the danger;

(fa)whether the person entering the premises is intoxicated by alcohol or drugs voluntarily consumed and the level of intoxication;

(fb)whether the person entering the premises is engaged in an illegal activity;

(g)the burden on the occupier of eliminating the danger or protecting the person entering the premises from the danger as compared to the risk of the danger to the person.

(5)Nothing in this section affects any obligation to which an occupier of premises is subject by reason of any other Act or any statutory rule or any contract.

14CLiability of Crown

Where the Crown is an occupier or landlord of premises, the Crown shall, in its capacity as occupier or landlord of premises, owe the same duty to persons and property on the premises as it would owe if it were a subject, and shall be liable accordingly.

14DApplication of Part V

Part V shall apply in relation to any claim brought under this Part by a person against an occupier of premises in respect of injury or damage.

14ETransitional

The amendment of section 14B by section 3 of the Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 applies to claims brought under this Part in which the statement of claim or complaint is issued on or after the commencement of section 3 of that Act.

PART IIB—NEGLIGENCE—INTOXICATION AND ILLEGAL ACTIVITY

14FCommon law

Except as provided by section 14G, this Part is not intended to affect the rules of common law applicable to negligence.

14GConsideration of intoxication and illegal activity

(1)This section applies to a claim for damages in respect of death or personal injury brought by a person (the plaintiff) against another person (the defendant) alleging negligence.

(2)In determining whether the plaintiff has established a breach of the duty of care owed by the defendant, the court must consider, among other things—

(a)whether the plaintiff was intoxicated by alcohol or drugs voluntarily consumed and the level of intoxication;

(b)whether the plaintiff was engaged in an illegal activity.

14HApplication

This Part applies to claims in which the statement of claim or complaint is issued on or after the commencement of section 5 of the Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002.

PART IIC—APOLOGIES

14IDefinitions

In this Part—

apology means an expression of sorrow, regret or sympathy but does not include a clear acknowledgment of fault;

civil proceeding includes—

(a)a proceeding before a tribunal; and

(b)a proceeding under an Act regulating the practice or conduct of a profession or occupation; and

(c)a proceeding of a Royal Commission, whether established under the Inquiries Act 2014 or under the prerogative of the Crown; and

(d)a proceeding of a Board of Inquiry or Formal Review established under the Inquiries Act 2014;

injury means personal or bodily injury and includes—

(a)pre-natal injury; and

(b)psychological or psychiatric injury; and

(c)disease; and

(d)aggravation, acceleration or recurrence of an injury or disease.

14JApology not admission of liability

(1)In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law, an apology does not constitute—

(a)an admission of liability for the death or injury; or

(b)an admission of unprofessional conduct, carelessness, incompetence or unsatisfactory professional performance, however expressed, for the purposes of any Act regulating the practice or conduct of a profession or occupation.

(2)Subsection (1) applies whether the apology—

(a)is made orally or in writing; or

(b)is made before or after the civil proceeding was in contemplation or commenced.

(3)Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.

14KReduction or waiver of fees

(1)In a civil proceeding where the death or injury of a person is in issue or is relevant to an issue of fact or law and it is alleged that the death or injury occurred as a consequence of the provision of a service, a reduction or waiver of the fees payable for the service or a related service does not constitute—

(a)an admission of liability for the death or injury; or

(b)an admission of unprofessional conduct, carelessness, incompetence or unsatisfactory professional performance, however expressed, for the purposes of any Act regulating the practice or conduct of a profession or occupation.

(2)Subsection (1) applies whether the reduction or waiver of fees—

(a)is made orally or in writing; or

(b)is made before or after the civil proceeding was in contemplation or commenced.

(3)Nothing in this section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue.

14LApplication

This Part applies to an apology or reduction or waiver of fees made on or after the commencement of section 6 of the Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002.

PART III—WRONGFUL ACT OR NEGLECT CAUSING DEATH

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16Liability for death caused wrongfully

Whensoever the death of a person is caused by a wrongful act neglect or default and the act neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured.

17Action for death caused wrongfully[2]

(1)Every such action shall be for the benefit of the dependants of the person whose death has been so caused and shall be brought by and in the name of the executor or administrator of the person deceased; and in every such action the jury or the court if the trial is without a jury may give such damages as they or it think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action is brought; and the amount so recovered after deducting the costs not recovered from the defendant shall be divided amongst the before-mentioned parties in such shares as the jury or court by their or its verdict find and direct.

(2)In subsection (1) the word dependants means such persons as were wholly mainly or in part dependent on the person deceased at the time of his death or who would but for the incapacity due to the injury which led to the death have been so dependent.

18Action for damages by persons interested

Where in any of the cases provided for by this Part there is no executor or administrator of the person deceased, or where no action as in this Part mentioned has within six months after the death of the deceased person been brought by his executor or administrator, then and in every such case such action may be brought by all or any of the persons (if more than one) for whose benefit such action would have been if it had been brought by such executor or administrator; and every action so to be brought shall be for the benefit of the same person or persons and shall be subject to the same procedure as nearly as may be if it were brought by such an executor or administrator.

19Assessment of damages

(1)In assessing damages in any action under this Part, whether commenced before or after the passing of the Wrongs (Assessment of Damages) Act 1966, there shall not be taken into account—

(a)a sum paid or payable on the death of the deceased person under any contract of assurance or insurance (including a contract made with a friendly or other benefit society or association or trade union);

(b)a sum paid or payable out of any superannuation provident or like fund;

(c)a sum paid or payable by way of pension benefit or allowance under any law of the Commonwealth or the State or under the law of any other State territory or country; or

(d)a sum paid or payable as a gratuity—

whether any such sum is paid or payable to the estate of the deceased person or to any person for whose benefit the action is brought.

(1A)In assessing damages in any action under this Part, there shall not be taken into account—

(a)any damages under section 29(2A) of the Administration and Probate Act 1958 recovered or recoverable for the benefit of the estate of the deceased person; or

(b)any share of those damages paid or likely to be paid to any person for whose benefit the action under this Part is brought.

(2)In assessing damages in an action under this Part, that is commenced on or after the commencement of the Wrongs (Remarriage Discount) Act 2004, no separate reduction may be made on account of—

(a)the remarriage or formation of a domestic partnership; or

(b)the prospects of remarriage or formation of a domestic partnership—

of the surviving spouse or domestic partner, or a surviving former spouse or former domestic partner, of the deceased person.

(3)In subsection (2)—

domestic partner of a person who dies means—

(a)a person who was, at the time of death, in a registered domestic relationship with the person; or

(b)an adult person to whom the person was not married at the time of death but with whom the person was in a relationship as a couple where one or each of them provided personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they were living under the same roof, but does not include a person who provided domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

spouse of a person who dies means a person who was married to the person at the time of the person's death.

(4)For the purposes of the definition of domestic partner in subsection (3)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who were not in a registered domestic relationship were domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

(5)Except as provided in this section, nothing in this section affects any other law relating to damages in an action under this Part.

19ALimitation on damages for loss of gratuitous care

In an action under this Part, no damages may be awarded for a loss of gratuitous care provided or to be provided by the deceased to his or her dependants unless the court is satisfied that—

(a)the care—

(i)was provided to the dependants; and

(ii)was being provided for at least 6 hours per week; and

(iii)had been provided for at least 6 consecutive months before the death, or the injury that caused the death, to which the damages relate; or

(b)there is a reasonable expectation that, but for the death, or the injury that caused the death, of the deceased, the gratuitous care would have been provided to the dependants—

(i)for at least 6 hours per week; and

(ii)for a period of at least 6 consecutive months.

19BCalculation of damages for gratuitous care

(1)If, in an action under this Part, the court is satisfied that the deceased would (if death, or the injury that caused the death, had not ensued) have provided gratuitous care to his or her dependants for not less than 40 hours per week, the amount of damages that may be awarded for the loss of that care must not exceed—

(a)the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in Victoria for—

(i)in respect of the whole or any part of a quarter occurring between the date of the death in relation to which the award is made and the date of the award, being a quarter for which such an amount has been estimated by the Australian Statistician and is, at the date of the award, available to the court making the award—that quarter; or

(ii)in respect of the whole or any part of any other quarter—the most recent quarter occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and is, at that date, available to the court making the award; or

(b)if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed.

(2)If, in an action under this Part, the court is satisfied that the deceased would have provided gratuitous care to his or her dependants for less than 40 hours per week, the amount of damages that may be awarded for the loss of that care must not exceed the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with subsection (1)(a) or (b), as the case requires.

19CApplication of sections 19A and 19B

(1)Except as provided by sections 19A and 19B, nothing in those sections affects any other law relating to damages arising from loss of gratuitous care.

(2)Sections 19A and 19B do not apply to the following actions for damages—

(a)subject to subsection (3), an action for damages in respect of an injury that is a dust‑related condition within the meaning of the Administration and Probate Act 1958; or

(b)subject to subsection (3), an action for damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the Tobacco Act 1987, or exposure to tobacco smoke.

(3)An action for damages referred to in subsection (2)(a) or (2)(b) does not include an action for damages that relates to the provision of or the failure to provide a health service.

20Application to court as to cause of action under this Part

(1)Not more than one action shall lie for and in respect of the same subject-matter of complaint, and (subject to subsection (1A)) every such action shall be commenced within six years after the death of such deceased person or, where an application is made to a court under subsection (2), within the period referred to in the order of the court.

(1A)Where the death of a deceased person was caused by an injury consisting of a disease or disorder contracted by a person and the person did not know before he died—

(a)that he had suffered the injury; or

(b)that the injury was caused by the act or omission of some person—

an action in respect of the injury shall be commenced within six years after the date when the person claiming to have a cause of action under this Part first knows—

(c)that the death was caused by the injury; and

(d)that the injury was caused by the act or omission of some person—

or, where an application is made to a court under subsection (2), within the period referred to in the order of the court.

(2)Where on an application to a court by a person claiming to have a cause of action under this Part, it appears to the court that—

(a)the death of the deceased person was caused by a wrongful act, neglect or default; and

(b)the deceased did not before his death bring an action in respect of the wrongful act neglect or default—

the court subject to subsection (3) and after hearing such of the persons likely to be affected by that application as it sees fit, may, if it decides that it is just and reasonable so to do, order that the period within which an action on the cause of action may be brought be extended for such period as it determines.

(3)In exercising the powers conferred on it by subsection (2) a court shall have regard to all the circumstances of the case including (without derogating from the generality of the foregoing) the following—

(a)the length of and reasons for the delay on the part of the deceased or the claimant or each of them (as the case may be);

(b)the extent to which, having regard to the delay, there is or is likely to be prejudice to the defendant;

(c)the extent, if any, to which the defendant had taken steps to make available to the deceased or the claimant or each of them (as the case may be) means of ascertaining facts which were or might be relevant to the cause of action of the deceased or the claimant or each of them (as the case may be) against the defendant;

(d)the duration of any disability of the deceased arising on or after the date of the accrual of the cause of action;

(e)the extent to which the deceased or the claimant or each of them (as the case may be) acted promptly and reasonably once he knew in relation to the injury that caused the death that the act or omission to which that injury was attributable might be capable at that time of giving rise to an action for damages;

(f)the steps, if any, taken by the deceased or the claimant or each of them (as the case may be) to obtain medical legal or other expert advice and the nature of any such advice he may have received.

(3A)The powers conferred on a court by subsection (2) may be exercised at any time notwithstanding—

(a)that more than six years has expired since the cause of action accrued; or

(b)that an action in respect of such personal injuries has been commenced by the claimant.

(4)Where under this section a question arises as to the knowledge of a deceased person the court may have regard to the conduct and statements oral or in writing of the deceased person.

(5)A copy of an application under this section must be served on each person against whom the applicant claims to have the cause of action.

(6)This section applies in respect of a cause of action whether or not the cause of action accrued before the commencement of the Wrongs Act 1972.

(7)This section does not apply in respect of a cause of action to which Part IIA of the Limitation of Actions Act 1958 applies.

21Particulars of demand

In every such action the plaintiff on the record shall be required together with the statement of claim to deliver to the defendant or his legal practitioner full particulars—

(a)of the person or persons for whom and on whose behalf such action is brought;

(b)of the nature of the claim in respect of which damages are sought to be recovered;

(c)of the date of birth of each such person and of the deceased person;

(d)of the name and address of each person by whom the deceased person was employed at any time within the period of twelve months preceding the day on which he suffered the injury which caused his death;

(e)of the date of commencement of each such employment and the duration thereof;

(f)of the total net sum (after deducting instalments of tax deductible therefrom) that the deceased earned in the period of twelve months referred to in paragraph (d).

22Payment into court

(1)In any action as in this Part mentioned the defendant may pay money into court as a compensation in one sum to all persons entitled under this Part for the wrongful act neglect or default without specifying the shares into which the sum is to be divided by the jury or the court if the trial is without a jury.

(2)No portion of the sum paid in shall be paid out of court except under the order of a judge but otherwise the rules of the court for the time being in force relating to payment into and out of court and tender and matters associated therewith shall with any necessary modifications apply.

23Mental or nervous shock

In any action for injury to the person the plaintiff shall not be debarred from recovering damages merely because the injury complained of arose wholly or in part from mental or nervous shock.

23AA   Regulations

(1)The Governor in Council may make regulations generally prescribing any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.

(2)The regulations—

(a)may leave any matter to be determined by the Minister; and

(b)may apply, adopt or incorporate, wholly or partially or as amended by the regulations, any matter contained in any document as existing or in force—

(i)from time to time; or

(ii)at a particular time.

23ABSupreme Court—limitation of jurisdiction

It is the intention of sections 19A and 19B to alter or vary section 85 of the Constitution Act 1975.

23AC   Transitional for gratuitous care

(1)Sections 19A and 19B extend to an award of damages that relates to a death occurring before, on or after the commencement of section 4 of the Wrongs and Other Acts (Law of Negligence) Act 2003.

(2)Despite subsection (1), sections 19A and 19B do not apply to an award of damages in proceedings commenced in a court before the commencement of section 4 of the Wrongs and Other Acts (Law of Negligence) Act 2003.

23AD   Supreme Courtlimitation of jurisdiction—

It is the intention of section 19(2) to alter or vary section 85 of the Constitution Act 1975.

23AETransitional for assessment of damages

(1)Section 19(1A) as inserted by section 12 of the Asbestos Diseases Compensation Act 2008 applies in respect of any action brought under this Part before or after the commencement of that section 12.

(2)However subsection (1) does not apply to an action if damages were awarded or a settlement was reached in that action before the commencement of section 12 of the Asbestos Diseases Compensation Act 2008.

PART IV—CONTRIBUTION

23ADefinitions

(1)For the purposes of this Part a person is liable in respect of any damage if the person who suffered that damage, or anyone representing the estate or dependents of that person, is entitled to recover compensation from the first-mentioned person in respect of that damage whatever the legal basis of liability, whether tort, breach of contract, breach of trust or otherwise.

(2)References in this Part to an action brought by or on behalf of the person who suffered any damage includes references to an action brought for the benefit of the estate or dependants of that person.

(3)In this Part—

action includes a proceeding commenced by way of counter-claim;

court includes VCAT;

dependants means those persons for whose benefit an action could be brought under Part III;

judgment, in relation to VCAT, includes decision, order and declaration;

judgment first given means, in a case where that judgment is reversed on appeal, the judgment first given which is not so reversed and, in a case where that judgment is varied on appeal, that judgment as so varied;

writincludes—

(a)summons;

(ab)application to VCAT;

(b)in relation to a proceeding commenced by way of counter-claim, the notice or other document by which the proceeding is first notified to the defendant; and

(c)in relation to proceedings for contribution under section 23B, the notice or other document by which the proceedings may be originated.

23BEntitlement to contribution

(1)Subject to the following provisions of this section, a person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with the first-mentioned person or otherwise).

(2)A person shall be entitled to recover contribution by virtue of subsection (1) notwithstanding that that person has ceased to be liable in respect of the damage in question since the time when the damage occurred provided that that person was so liable immediately before that person made or was ordered or agreed to make the payment in respect of which the contribution is sought.

(3)A person shall be liable to make contribution by virtue of subsection (1) notwithstanding that that person has ceased to be liable in respect of the damage in question since the time when the damage occurred unless that person ceased to be liable by virtue of the expiry of a period of limitation or prescription which extinguished the right on which the claim against that person in respect of the damage was based.

(4)Subject to section 24(2B), a person who in good faith has made or agreed to make any payment in settlement or compromise of a claim made against that person in respect of any damage (including a payment into court which has been accepted) shall be entitled to recover contribution in accordance with this section without regard to whether or not the person who has made or agreed to make the payment is or ever was liable in respect of the damage provided that that person would have been liable assuming that the factual basis of the claim against that person could be established.

(5)Subject to section 24(2B), a judgment given in an action brought by or on behalf of the person who suffered the damage in question against any person from whom contribution is sought under this section shall be conclusive in the proceedings for contribution as to any issue determined by that judgment in favour of the person from whom the contribution is sought.

(6)References in this section to a person's liability in respect of any damage are references to any such liability which has been or could be established in an action brought against that person in Victoria by or on behalf of the person who suffered the damage and it is immaterial whether any issue arising in any such action was or would be determined (in accordance with the rules of private international law) by reference to the law of a place outside Victoria.

24Recovery of contribution[3]

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(2)Subject to subsections (2A) and (2B), in any proceedings for contribution under section 23B the amount of the contribution recoverable from any person shall be such as may be found by the jury or by the court if the proceeding is without a jury to be just and equitable having regard to the extent of that person's responsibility for the damage; and the jury or the court if the proceeding is without a jury shall have power to exempt any person from liability to make contribution, or to direct that the contribution to be recovered from any person shall amount to a complete indemnity.

(2A)Where the amount of the damages which have or might have been awarded in respect of the damage in question in an action brought in Victoria by or on behalf of the person who suffered it against the person from whom the contribution is sought was or would have been subject to—

(a)any limit imposed by or under any enactment or by any agreement made before the damage occurred;

(b)any reduction by virtue of section 26; or

(c)any corresponding limit or reduction under the law of a place outside Victoria—

the person from whom the contribution is sought shall not by virtue of any contribution awarded under section 23B be required to pay in respect of the damage a greater amount than the amount of those damages as so limited or reduced.

(2B)If in any proceedings for contribution under section 23B the jury or the court, if the proceeding is without a jury, finds that the amount of any payment made or agreed to be made in settlement or compromise of a claim was excessive the jury or the court (as the case requires) in assessing the amount of the contribution recoverable from any person shall disregard any part of the payment which appears to it to have been excessive.

(2C)Nothing in subsection (2B) applies to a settlement or compromise of a claim of a minor or person of unsound mind that has been approved by the court.

(3)No execution for the recovery of contribution under section 23B shall issue without the leave of the court. Upon application for such leave the court may direct that payment to the original plaintiff shall be sufficient satisfaction of the order for contribution.

(4)Notwithstanding any provision in any statute requiring a notice to be given before action or prescribing the period within which an action may be brought, where under section 23B any person becomes entitled to a right to recover contribution in respect of any damage from any other person, proceedings to recover contribution by virtue of that right may be commenced by the first-mentioned person—

(a)at any time within the period—

(i)within which the action against the first-mentioned person might have been commenced; or

(ii)within the period of twelve months after the writ in the action against the first-mentioned person was served on him—

whichever is the longer; or

(b)where another person liable in respect of that damage, within the period within which the action against him might have been commenced or within twelve months after the writ in the action was served on him, serves a writ on the first-mentioned person seeking to recover contribution in respect of that damage from the first-mentioned person—at any time within the period of six months after that writ is so served.

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(5)For the removal of doubt, if an action (the existing action) was commenced in a court against the first-mentioned person referred to in subsection (4) before 1 October 2003, the period referred to in subsection (4)(a)(i) is to be taken to be the period within which the existing action might have been brought at the time the existing action was brought.

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24AAA When employer not liable to indemnify third party in relation to an injury

A term of a contract that requires, or has the effect of requiring, an employer within the meaning of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 to indemnify a third party, or make contribution, in respect of the third party's liability to pay damages for an injury to, or death of, a worker within the meaning of that Act arising in the course of the worker's employment with the employer is void.

24AA   Proceedings against persons jointly liable for the same debt or damage

Judgment recovered against any person liable in respect of any debt or damage shall not be a bar to an action, or to the continuance of an action, against any other person who is (apart from any such bar) jointly liable with the first-mentioned person in respect of the same debt or damage.

24ABSuccessive actions against persons liable (jointly or otherwise) for the same damage

If more than one action is brought in respect of any damage by or on behalf of the person by whom it was suffered against persons liable in respect of the damage (whether jointly or otherwise) the plaintiff shall not be entitled to costs in any of those actions, other than that in which judgment is first given, unless the court is of the opinion that there was reasonable ground for bringing the action.

24AC   Application to the Crown

Where the Crown is subject to any liability by virtue of the Crown Proceedings Act 1958, this Part shall bind the Crown in respect of the liability to which it is so subject in the same manner and to the same extent as if the Crown were a subject.

24AD   Savings

(1)This Part as amended by the Wrongs (Contribution) Act 1985 shall not affect any case where the debt in question became due or (as the case requires) the damage in question occurred before the commencement of that Act.

(2)A person shall not be entitled to recover contribution or liable to make contribution in accordance with section 23B by reference to any liability based on breach of any obligation assumed by that person before the commencement of the Wrongs (Contribution) Act 1985.

(3)This Part as in force immediately before the commencement of the Wrongs (Contribution) Act 1985 shall continue to apply with respect to torts committed before the commencement of that Act.

(4)The right to recover contribution in accordance with section 23B supersedes any right, other than an express contractual right, to recover contribution (as distinct from indemnity) otherwise than under this Part in corresponding circumstances but nothing in this Part shall affect—

(a)any express or implied contractual or other right to indemnity; or

(b)any express contractual provision regulating or excluding contribution—

which would be enforceable apart from this Part or render enforceable any agreement for indemnity or contribution which would not be enforceable apart from this Part.

(5)Nothing in this Part shall—

(a)affect any criminal proceedings against any person in respect of any wrongful act; or

(b)affect the operation of sections 45 to 47 of the Supreme Court Act 1986.

24ADA Transitional and validating for Part IV—Justice Legislation Amendment Act 2023

(1)The amendments to this Part by sections 68 and 69 of the amending Act apply on and after the commencement date whether the damage in question occurred before, on or after the commencement date.

(2)In addition to subsection (1), but subject to subsection (3), a decision, order or declaration made or purportedly made by VCAT under this Part before the commencement date is as valid and effective as it would have been if the amendments made by sections 68 and 69 of the amending Act had been in operation at the time the decision, order or declaration was made or purportedly made.

(3)Subsection (2) does not apply in relation to a decision, order or declaration of VCAT if—

(a)an order was made by the County Court or the Supreme Court (including the Court of Appeal) before the commencement date which quashed, overturned or reversed the decision, order or declaration on the ground that VCAT had no jurisdiction to make a decision, order or declaration in respect of contribution under this Part; or

(b)an appeal or a review which includes the ground that VCAT has no jurisdiction to make a decision, order or declaration in respect of contribution under this Part has been commenced but not determined before the commencement date.

(4)In this section—

amending Act means the Justice Legislation Amendment Act 2023;

commencement date means the day on which Division 2 of Part 10 of the amending Act comes into operation.

PART IVAA—PROPORTIONATE LIABILITY

24AEDefinitions

In this Part—

apportionable claim means a claim to which this Part applies;

court includes tribunal and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined;

damages includes any form of monetary compensation;

defendant includes any person joined as a defendant or other party in the proceeding (except as a plaintiff) whether joined under this Part, under rules of court or otherwise;

injury means personal or bodily injury and includes—

(a)pre-natal injury; and

(b)psychological or psychiatric injury; and

(c)disease; and

(d)aggravation, acceleration or recurrence of an injury or disease.

24AFApplication of Part

(1)This Part applies to—

(a)a claim for economic loss or damage to property in an action for damages (whether in tort, in contract, under statute or otherwise) arising from a failure to take reasonable care; and

(b)a claim for damages for a contravention of section 18 of the Australian Consumer Law (Victoria).

(2)If a proceeding involves 2 or more apportionable claims arising out of different causes of action, liability for the apportionable claims is to be determined in accordance with this Part as if the claims were a single claim.

(3)A provision of this Part that gives protection from civil liability does not limit or otherwise affect any protection from liability given by any other provision of this Act or by another Act or law.

24AG   What claims are excluded from this Part?

(1)This Part does not apply to claims arising out of an injury.

(2)Without limiting subsection (1), this Part does not apply to the following—

(a)a claim to which Part 3, 6 or 10 of the Transport Accident Act 1986 applies;

(b)a claim to which Part IV of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013 applies;

(c)a claim in respect of an injury which entitles, or may entitle, a worker, or a dependant of a worker, within the meaning of the Workers Compensation Act 1958 to compensation under that Act;

(d)a claim for compensation under Part V of the Country Fire Authority Act 1958 or a claim for compensation under a compensation scheme established under the regulations made under that Act;

(e)an application for compensation under Part 4 of the Victoria State Emergency Service Act 2005;

(f)a claim for compensation under Part 6 of the Emergency Management Act 1986;

(g)an application for compensation under the Police Assistance Compensation Act 1968;

(h)an application for assistance under the Victims of Crime Assistance Act 1996;

(ha)an application for assistance under the Victims of Crime (Financial Assistance Scheme) Act 2022;

(i)a dispute or a proceeding under the Equal Opportunity Act 2010;

(j)a claim for compensation under Part 8 of the Juries Act 2000 or Part VII of the Juries Act 1967;

(k)a claim for compensation under Part 5.6 of the Education and Training Reform Act2006.

(3)This Part does not apply to claims in proceedings of a class that is excluded by the regulations from the operation of this Part.

24AH   Who is a concurrent wrongdoer?

(1)A concurrent wrongdoer, in relation to a claim, is a person who is one of 2 or more persons whose acts or omissions caused, independently of each other or jointly, the loss or damage that is the subject of the claim.

(2)For the purposes of this Part it does not matter that a concurrent wrongdoer is insolvent, is being wound up, has ceased to exist or has died.

24AIProportionate liability for apportionable claims

(1)In any proceeding involving an apportionable claim—

(a)the liability of a defendant who is a concurrent wrongdoer in relation to that claim is limited to an amount reflecting that proportion of the loss or damage claimed that the court considers just having regard to the extent of the defendant's responsibility for the loss or damage; and

(b)judgment must not be given against the defendant for more than that amount in relation to that claim.

(2)If the proceeding involves both an apportionable claim and a claim that is not an apportionable claim—

(a)liability for the apportionable claim is to be determined in accordance with this Part; and

(b)liability for the other claim is to be determined in accordance with the legal rules, if any, that (apart from this Part) are relevant.

(3)In apportioning responsibility between defendants in the proceeding the court must not have regard to the comparative responsibility of any person who is not a party to the proceeding unless the person is not a party to the proceeding because the person is dead or, if the person is a corporation, the corporation has been wound-up.

24AJContribution not recoverable from defendant

Despite anything to the contrary in Part IV, a defendant against whom judgment is given under this Part as a concurrent wrongdoer in relation to an apportionable claim—

(a)cannot be required to contribute to the damages recovered or recoverable from another concurrent wrongdoer in the same proceeding for the apportionable claim; and

(b)cannot be required to indemnify any such wrongdoer.

24AK   Subsequent actions

(1)In relation to an apportionable claim, nothing in this Part or any other law prevents a plaintiff who has previously recovered judgment against a concurrent wrongdoer for an apportionable part of any loss or damage from bringing another action against any other concurrent wrongdoer for that loss or damage.

(2)However, in any proceeding in respect of any such action the plaintiff cannot recover an amount of damages that, having regard to any damages previously recovered by the plaintiff in respect of the loss or damage, would result in the plaintiff receiving compensation for loss or damage that is greater than the loss or damage actually suffered by the plaintiff.

24ALJoining non-party concurrent wrongdoer in the action

(1)Subject to subsection (2), the court may give leave for any one or more persons who are concurrent wrongdoers in relation to an apportionable claim to be joined as defendants in a proceeding in relation to that claim.

(2)The court is not to give leave for the joinder of any person who was a party to any previously concluded proceeding in relation to the apportionable claim.

24AM   What if a defendant is fraudulent?

Despite sections 24AI and 24AJ, a defendant in a proceeding in relation to an apportionable claim who is found liable for damages and against whom a finding of fraud is made is jointly and severally liable for the damages awarded against any other defendant in the proceeding.

24AN   Liability for contributory negligence not affected

Nothing in this Part affects the operation of Part V or Division 7 of Part X.

24AO   Effect of Part IV

Except as provided in section 24AJ, nothing in this Part affects the operation of Part IV.

24APPart not to affect other liability

Nothing in this Part—

(a)prevents a person from being held vicariously liable for a proportion of any apportionable claim for which another person is liable; or

(b)prevents a person from being held jointly and severally liable for the damages awarded against another person as agent of the person; or

(c)prevents a partner from being held jointly and severally liable with another partner for that proportion of an apportionable claim for which the other partner is liable; or

(d)prevents a court from awarding exemplary or punitive damages against a defendant in a proceeding; or

(e)affects the operation of any other Act to the extent that it imposes several liability on any person in respect of what would otherwise be an apportionable claim.

24AQ   Supreme Court—limitation of jurisdiction

It is the intention of sections 24AI and 24AL to alter or vary section 85 of the Constitution Act1975.

24AR   Regulations

(1)The Governor in Council may make regulations generally prescribing any matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.

(2)The regulations—

(a)may leave any matter to be determined by the Minister; and

(b)may apply, adopt or incorporate, wholly or partially or as amended by the regulations, any matter contained in any document as existing or in force—

(i)from time to time; or

(ii)at a particular time.

24ASTransitional

This Part applies to proceedings that are commenced in a court on or after the commencement of section 3 of the Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003.

PART IVA—ABOLITION OF DOCTRINE OF COMMON EMPLOYMENT

24AAbolition of doctrine of common employment

(1)Where any injury or damage is suffered by an employee by reason of the negligence of a fellow employee the employer of those employees shall be liable for damages in respect of that injury or damage in the same manner and in the same cases as if those employees had not been engaged in a common employment.

(2)This section applies to every case in which the relation of employer and employee exists whether the contract of employment is made before or after the commencement of this Act.

PART V—CONTRIBUTORY NEGLIGENCE

25Definitions

In this Part unless inconsistent with the context or subject-matter—

court includes VCAT and an arbitrator and, in relation to any claim, means VCAT, the court or the arbitrator by or before which the claim falls to be determined;

damageincludes loss of life and personal injury;

dependantmeans any person for whose benefit an action could be brought under Part III of this Act;

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wrong means an act or omission that—

(a)gives rise to a liability in tort in respect of which a defence of contributory negligence is available at common law; or

(b)amounts to a breach of a contractual duty of care that is concurrent and co‑extensive with a duty of care in tort.

26Liability for contributory negligence[6]

(1)If a person (the claimant) suffers damage as the result partly of the claimant's failure to take reasonable care (contributory negligence) and partly of the wrong of any other person or persons—

(a)except as provided in section 63, a claim in respect of the damage is not defeated by reason of the contributory negligence of the claimant; and

(b)the damages recoverable in respect of the wrong must be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility for the damage.

(1A)Subsection (1) does not operate to defeat any defence arising under a contract.

(1B)If any contract or enactment providing for the limitation of liability is applicable to the claim, the amount of damages awarded to the claimant by virtue of subsection (1) is not to exceed the maximum limit so applicable.

(1C)If a claim is brought in a court of limited jurisdiction, the court may award damages up to the limit of its jurisdiction even though the amount of damages has first been reduced under subsection (1) or (1B).

(2)Where damages are recoverable by any person by virtue of subsection (1) subject to such reduction as is therein mentioned, the court shall find and record the total damages which, apart from any limitation referred to in subsections (1B) and (1C), would have been awarded, if the claimant had not been guilty of contributory negligence.

*                *                *                *                *

(4)Where any person dies as a result partly of his or her failure to take reasonable care (contributory negligence) and partly of the wrong of any other person or persons an action brought by the dependants of the first-mentioned person under Part III of this Act shall not be defeated nor shall any damages recoverable by those dependants under that action be reduced by reason of that first-mentioned person's contributory negligence.

(5)Where, in any case to which subsection (1) of this section applies, one of the persons responsible for the damage avoids liability to any other such person or his personal representative by pleading any enactment limiting the time within which proceedings may be taken, he shall not be entitled to recover any damages from that other person or representative by virtue of the said subsection.

(6)Where any case to which subsection (1) of this section applies is tried with a jury, the jury shall determine the total damages which would have been recoverable if the claimant had not been guilty of contributory negligence and the extent to which those damages are to be reduced.

Note

Division 7 of Part X also contains provisions relating to contributory negligence.

27Supreme Court—limitation of jurisdiction

It is the intention of section 26, as amended by the Wrongs (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975.

28Non-application of this Part

(1)This Part shall not apply to any claim to which section 45 of the Supreme Court Act 1986 applies and that Act shall have effect with respect to any such claim as if this Act had not passed.

(2)This Part shall not apply to any case where the acts or omissions giving rise to the claim occurred before the passing of the Wrongs (Contributory Negligence) Act 1951.

28AA   Transitional provision

(1)Subject to subsection (2), the amendments to this Part made by sections 4, 5 and 6 of the Wrongs (Amendment) Act 2000 must be taken to apply to wrongs that occurred before the commencement of that Act as if those amendments had been in force when the wrong occurred.

(2)This Part, as in force before the commencement of the Wrongs (Amendment) Act 2000, continues to apply to a wrong about which—

(a)a court has, before that commencement, given judgment or made a decision (including a judgment or decision about liability only), whether or not an appeal has been made against that judgment or decision before that commencement or is made on or after that commencement; or

(b)the persons responsible for the damage have, before that commencement, entered into an agreement to settle claims arising from the wrong (including an agreement about liability only).

28AAB  Transitional and validating for Part V—Justice Legislation Amendment Act 2023

(1)The amendment to this Part by section 71 of the amending Act applies on and after the commencement date whether the damage in question occurred before, on or after the commencement date.

(2)In addition to subsection (1), but subject to subsection (3), a decision, order or declaration made or purportedly made by VCAT under this Part before the commencement date is as valid and effective as it would have been if the amendment made by section 71 of the amending Act had been in operation at the time the decision, order or declaration was made or purportedly made.

(3)Subsection (2) does not apply in relation to a decision, order or declaration of VCAT if—

(a)an order was made by the County Court or the Supreme Court (including the Court of Appeal) before the commencement date which quashed, overturned or reversed the decision, order or declaration on the ground that VCAT had no jurisdiction to make a decision, order or declaration in respect of contributory negligence under this Part; or

(b)an appeal or a review which includes the ground that VCAT has no jurisdiction to make a decision, order or declaration in respect of contributory negligence under this Part has been commenced but not determined before the commencement date.

(4)In this section—

amending Act means the Justice Legislation Amendment Act 2023;

commencement date means the day on which Division 2 of Part 10 of the amending Act comes into operation.

PART VA—ASSESSMENT OF DAMAGES

28ADamages for deprivation or impairment of earning capacity

Where in relation to a claim for damages for deprivation or impairment of earning capacity or for other personal injury it becomes material to assess such damages having regard to loss of earnings or of future probable earnings, there shall be taken into account in reduction of the sum assessed such amount as is reasonably considered to be the amount that would have been payable as income tax by reason of the receipt of such earnings by the person who has suffered loss of them had he received them.

PART VB—PERSONAL INJURY DAMAGES

28BDefinitions

In this Part—

attendant care services means any of the following—

(a)services of a domestic nature;

(b)services relating to nursing;

(c)services that aim to alleviate the consequences of an injury;

claimant means a person who makes or is entitled to make a claim for personal injury damages;

courtincludes tribunal, and, in relation to a claim for damages, means any court or tribunal by or before which the claim falls to be determined;

damages includes any form of monetary compensation;

dependants, in relation to a claimant, means—

(a)any persons who are wholly, mainly or in part dependent on the claimant at the time that the liability in respect of which the claim is made arises; or

(b)any unborn children of the claimant (including unborn children derived by adoption or otherwise) at the time that the liability in respect of which the claim is made arises and who is born after that time;

fault includes act or omission;

gratuitous attendant care services means attendant care services—

(a)that have or are to be provided by another person to a claimant; and

(b)for which the claimant has not paid or is not liable to pay;

injury means personal or bodily injury and includes—

(a)pre-natal injury; and

(b)psychological or psychiatric injury; and

(c)disease; and

(d)aggravation, acceleration or recurrence of an injury or disease;

non-economic loss means any one or more of the following—

(a)  pain and suffering;

(b)loss of amenities of life;

(c)loss of enjoyment of life;

personal injury damages means damages that relate to the death of or injury to a person caused by the fault of another person.

28CApplication of Part

(1)This Part applies to an award of personal injury damages, except an award that is excluded by subsection (2).

(2)The following awards of damages are excluded from the operation of this Part—

(a)an award where the fault concerned is an intentional act that is done with intent to cause death or injury or that is sexual assault or other sexual misconduct;

(b)an award to which Part 3, 6 or 10 of the Transport Accident Act 1986 applies;

function includes a power, authority or duty;

negligence means failure to exercise reasonable care;

public authority means—

(a)the Crown;

(b)a public service body within the meaning of the Public Administration Act 2004;

(c)a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose;

(d)a Council within the meaning of the Local Government Act 2020;

(e)a body established or appointed for a public purpose by the Governor in Council or by a Minister, otherwise than under an Act;

(f)a person holding an office or position established by or under an Act;

(g)a person holding an office or position to which he or she was appointed by the Governor in Council or a Minister otherwise than under an Act;

(h)any other person or body prescribed (or of a class prescribed) as an authority to which this Part applies (in respect of all or specified functions);

(i)any person or body in respect of the exercise of a public or other function of a class prescribed for the purpose of this Part.

80Application of Part

(1)This Part (except section 84) applies to any claim for damages resulting from negligence, regardless of whether the claim is brought in tort, in contract, under statute or otherwise.

(2)Subsection (1) and section 84 do not apply if the relevant enactment contains express provision to the contrary.

81Exclusions from Part

(1)This Part does not apply to the following claims for damages—

(a)subject to subsection (2), a claim for damages in respect of an injury that is a dust‑related condition within the meaning of the Administration and Probate Act 1958; or

(b)subject to subsection (2), a claim for damages in respect of an injury resulting from smoking or other use of tobacco products, within the meaning of the Tobacco Act 1987, or exposure to tobacco smoke.

(2)A claim for damages referred to in subsection (1)(a) or (1)(b) does not include a claim for damages that relates to the provision of or the failure to provide a health service.

(3)This Part does not apply to a public authority or class of public authority—

(a)that is excluded by the regulations from the operation of this Part in respect of all of its functions; or

(b)in respect of specified functions or functions of a specified class, if the regulations exclude those functions or that class of functions from the operation of this Part in respect of that public authority or class of public authority.

82Effect of this Part on the common law

Except as provided by sections 83, 84 and 85, this Part is not intended to affect the common law.

83Principles concerning resources, responsibilities etc. of public authorities

In determining whether a public authority has a duty of care or has breached a duty of care, a court is to consider the following principles (amongst other relevant things)—

(a)the functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions;

(b)the functions required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceeding relates);

(c)the authority may rely on evidence of its compliance with the general procedures and applicable standards for the exercise of its functions as evidence of the proper exercise of its functions in the matter to which the proceeding relates.

84Wrongful exercise of or failure to exercise function

(1)This section applies to a proceeding for damages for an alleged breach of statutory duty by a public authority in connection with the exercise of or a failure to exercise a function of the authority.

(2)For the purpose of the proceeding, an act or omission of the public authority relating to a function conferred on the public authority specifically in its capacity as a public authority does not constitute a breach of statutory duty unless the act or omission was in the circumstances so unreasonable that no public authority having the functions of the authority in question could properly consider the act or omission to be a reasonable exercise of its functions.

(3)For the purpose of the proceeding the public authority is not liable for damages caused by the wrongful exercise of or failure to exercise a function of the authority unless the provisions and policy of the enactment in which the duty to exercise the function is created are compatible with the existence of that liability.

(4)Despite subsection (1), subsection (2) does not apply to a statutory duty that is imposed as an absolute duty on the public authority to do or not to do a particular thing.

85Exercise of function or decision to exercise does not create duty

In a proceeding, the fact that a public authority exercises or decides to exercise a function does not of itself indicate that the authority is under a duty to exercise the function or that the function should be exercised in particular circumstances or in a particular way.

86Supreme Court—limitation of jurisdiction

It is the intention of section 83 to alter or vary section 85 of the Constitution Act 1975.

87Transitional

(1)This Part extends to negligence arising before, on or after the commencement day.

(2)Section 84 extends to an act or omission occurring before, on or after the commencement day.

(3)Despite subsections (1) and (2), this Part does not apply to proceedings commenced in a court before the commencement day.

(4)In this section commencement day means the day on which section 3 of the Wrongs and Other Acts (Law of Negligence) Act 2003 comes into operation.

PART XIII—ORGANISATIONAL LIABILITY FOR CHILD ABUSE

88Definitions

In this Part—

abuse means physical abuse or sexual abuse;

authority, in relation to a relevant organisation, includes any authority or ostensible authority that an individual associated with the relevant organisation derives from the individual's association with the relevant organisation;

child means a person who is under the age of 18 years;

delegation includes sub-delegation;

individual associated with a relevant organisation has the meaning given in section 90;

permanent care order has the same meaning as in the Children, Youth and Families Act 2005;

physical abuse does not include an act or omission committed in circumstances that constitute—

(a)a lawful justification or excuse to the tort of battery; or

(b)any other lawful exercise of force;

relevant organisation means an entity (other than the State) organised for some end, purpose or work that exercises care, supervision or authority over children, whether as part of its primary functions or activities or otherwise, and is—

(a)capable in law of being sued; or

(b)not capable in law of being sued but nominates an associated legal person under section 92; or

(ba)an NGO within the meaning of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 which is capable of being sued in accordance with that Act; or

(c)the holder of a statutory office within the meaning of the Public Administration Act 2004; or

(d)a Department or Administrative Office within the meaning of the Public Administration Act 2004; or

(e)a body corporate established for public purposes; or

(f)Victoria Police;

sexual abuse means sexual assault or other sexual misconduct;

specified carer means—

(a)a foster carer of a child; or

(b)an individual who is a family member of, or other person of significance to, a child with whom the child is currently placed in out of home care under the Children, Youth and Families Act 2005.

89Application of Part

(1)Part X applies to a claim brought in reliance on the duty in section 91.

(2)Part XII does not apply to a claim brought in reliance on the duty in section 91.

(3)This Part is subject to section 5.4.10 of the Education and Training Reform Act 2006.

90When is an individual associated with a relevant organisation?

(1)An individual associated with a relevant organisation—

(a)includes but is not limited to an individual who is an officer, office holder, employee, owner, volunteer or contractor of the relevant organisation; and

(b)if the relevant organisation is a religious organisation, includes but is not limited to a minister of religion, a religious leader, an officer or a member of the personnel of the religious organisation; and

(c)if the relevant organisation has delegated, by means of contract or otherwise, the care, supervision or authority over the child to whom the claim relates to any organisation, includes but is not limited to an individual who is referred to in paragraph (a) or (b) in relation to the delegator organisation or the delegate organisation; and

(d)if the relevant organisation has delegated, by means of contract or otherwise, the care, supervision or authority over the child to whom the claim relates to a specified carer and a permanent care order in respect of the child has not been made, includes but is not limited to—

(i)an individual who is referred to in paragraph (a) or (b) in relation to the relevant organisation; and

(ii)the specified carer.

(2)An individual is not associated with a relevant organisation solely because the relevant organisation wholly or partly funds or regulates another organisation.

91Liability of organisations

(1)This section imposes a duty of care that forms part of a cause of action in negligence.

(2)A relevant organisation owes a duty to take the care that in all the circumstances of the case is reasonable to prevent the abuse of a child by an individual associated with the relevant organisation while the child is under the care, supervision or authority of the relevant organisation.

Note

See section 90 as to when an individual is associated with a relevant organisation. In particular, section 90(1)(c) and (d) extend the meaning of that concept in the case of delegation of the care, supervision or authority over a child to—

(a)another organisation; or

(b)a specified carer.

(3)In a proceeding on a claim against a relevant organisation for damages in respect of the abuse of a child under its care, supervision or authority, on proof that abuse has occurred and that the abuse was committed by an individual associated with the relevant organisation, the relevant organisation is presumed to have breached the duty of care referred to in subsection (2) unless the relevant organisation proves on the balance of probabilities that it took reasonable precautions to prevent the abuse in question.

Note

Reasonable precautions will vary depending on factors including but not limited to—

(a)the nature of the relevant organisation; and

(b)the resources that are reasonably available to the relevant organisation; and

(c)the relationship between the relevant organisation and the child; and

(d)whether the relevant organisation has delegated the care, supervision or authority over the child to another organisation; and

(e)the role in the organisation of the perpetrator of the abuse.

(4)If a claim names 2 or more relevant organisations as defendants, subsection (3) applies to each relevant organisation separately.

(5)In the case of a relevant organisation that is a public sector body within the meaning of the Public Administration Act 2004 or another person or body acting on behalf of the State—

(a)if the relevant organisation is capable in law of being sued, the relevant organisation is the appropriate defendant for the purposes of a claim brought in reliance on the duty in subsection (2); and

(b)if the relevant organisation is not capable in law of being sued, the State is the appropriate defendant for the purposes of a claim brought in reliance on the duty in subsection (2); and

(c)any liability incurred by the relevant organisation by reason of subsection (2) is incurred by the State.

(6)Subsection (2) does not apply to abuse of a child committed by an individual associated with a relevant organisation in circumstances wholly unrelated to that individual's association with the relevant organisation.

(7)If a relevant organisation has delegated, by means of contract or otherwise, the care, supervision or authority over a child to whom the claim relates to another organisation, subsection (2) does not apply to abuse of the child committed by an individual associated with the delegate organisation in circumstances wholly unrelated to that individual's association with the delegator organisation or the delegate organisation.

92Entity may nominate body to be sued

(1)If an entity is not capable in law of being sued, it may nominate, with the consent of the nominee, a legal person that is so capable as the appropriate defendant for the purposes of a claim brought in reliance on the duty in section 91 and any liability incurred by the entity by reason of section 91(2) is incurred by the nominated legal person.

(2)A nomination under subsection (1) may be made at any time, whether before or after abuse occurs.

(3)If a nomination under subsection (1) is made after abuse occurs—

(a)the nominating entity is taken to be a relevant organisation at the time of the abuse; and

(b)any liability incurred by the entity by reason of section 91(2) is taken to have been incurred by the nominated legal person on and from the date of the abuse.

93Transitional

This Part applies to abuse of a child that occurs on or after the day on which the Wrongs Amendment (Organisational Child Abuse) Act 2017 comes into operation.

PART XIV—TRANSITIONAL PROVISION

94Saving of orders continued in effect after commencement by Serious Offenders Act 2018

(1)Despite the amendment of section 28LAE(1) by section 370 of the Serious Offenders Act 2018, section 28LAE(1)(a)(iv) has effect, on and after the commencement day, as if a reference in that section to a detention order or interim detention order within the meaning of the Serious Offenders Act 2018 included a reference to a detention order or an interim detention order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.

(2)In this section—

commencement day means the day on which section 370 of the Serious Offenders Act 2018 comes into operation.

SCHEDULE

Number of Act	Title of Act	Extent of Repeal
3807	Wrongs Act 1928	The whole.
4070	Wrongs Act 1932	The whole.
4191	Statute Law Revision Act 1933	Item in Schedule referring to Wrongs Act 1928.
4380	Wrongs Act 1936	The whole.
5382	Wrong (Tort-feasors) Act 1949	The whole.
5594	Wrongs (Contributory Negligence) Act 1951	The whole.
5704	Wrongs (Damage by Aircraft) Act 1953	The whole.
5757	Statutes Amendment Act 1953	Section 11.
5914	Limitation of Actions Act 1955	Section 33(2).

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Wrongs Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Wrongs Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Wrongs Act 1958, No. 6420/1958

Assent Date:	30.9.58
Commencement Date:	S. 28LACC(4) inserted on 19.11.15 by No. 62/2015 s. 10: s. 2; s. 28LZU(4) inserted on 19.11.15 by No. 62/2015 s. 13: s. 2
Note:	S. 28LACC(4) repealed s. 28LACC on 19.11.17; s. 28LZU(4) repealed s. 28LZU on 19.11.17
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs (Assessment of Damages) Act 1966, No. 7496/1966

Assent Date:	20.12.66
Commencement Date:	20.2.67: Government Gazette 8.2.67 p. 288
CurrentState:	All of Act in operation

Justices (Amendment) Act 1969, No. 7876/1969

Assent Date:	25.11.69
Commencement Date:	S. 2(Sch.) on 1.4.70: Government Gazette 25.2.70 p. 463
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Abolition of Obsolete Offences Act 1969, No. 7884/1969

Assent Date:	2.12.69
Commencement Date:	2.12.69
CurrentState:	All of Act in operation

Wrongs Act 1972, No. 8330/1972

Assent Date:	5.12.72
Commencement Date:	1.1.73: s. 1(3)
CurrentState:	All of Act in operation

Status of Children Act 1974, No. 8602/1974

Assent Date:	26.11.74
Commencement Date:	1.3.75: Government Gazette 5.2.75 p. 228
CurrentState:	All of Act in operation

Employers and Employés (Repeal) Act 1976, No. 8915/1976

Assent Date:	7.12.76
Commencement Date:	7.12.76: s. 1(2)
CurrentState:	All of Act in operation

Wrongs (Action for Damages) Act 1978, No. 9153/1978

Assent Date:	30.5.78
Commencement Date:	1.9.78: Government Gazette 12.7.78 p. 2279
CurrentState:	All of Act in operation

Wrongs (Defamation) Act 1979, No. 9292/1979

Assent Date:	23.10.79
Commencement Date:	23.10.79: s. 1(3)
CurrentState:	All of Act in operation

Wrongs (Assessment of Damages) Act 1979, No. 9353/1979

Assent Date:	20.12.79
Commencement Date:	20.12.79
CurrentState:	All of Act in operation

Crimes (Classification of Offences) Act 1981, No. 9576/1981

Assent Date:	26.5.81
Commencement Date:	1.9.81: Government Gazette 26.8.81 p. 2799
CurrentState:	All of Act in operation

Workers Compensation (Actions) Act 1981, No. 9683/1981

Assent Date:	5.1.82
Commencement Date:	5.1.82
CurrentState:	All of Act in operation

Wrongs (Defamation) Act 1981, No. 9708/1981

Assent Date:	5.1.82
Commencement Date:	5.1.82
CurrentState:	All of Act in operation

Wrongs (Dependants) Act 1982, No. 9856/1982

Assent Date:	5.1.83
Commencement Date:	21.12.82: s. 1(3) (same day as Administration and Probate (Survival of Actions) Act 1982)
CurrentState:	All of Act in operation

Limitation of Actions (Personal Injury Claims) Act 1983, No. 9884/1983

Assent Date:	10.5.83
Commencement Date:	11.5.83: Government Gazette 11.5.83 p. 1145
CurrentState:	All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983

Assent Date:	20.9.83
Commencement Date:	S. 3(3)(Sch. 2 item 42) on 20.12.83: Government Gazette 14.12.83 p. 4035
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Occupiers' Liability Act 1983, No. 9995/1983

Assent Date:	13.12.83
Commencement Date:	1.7.84: Government Gazette 27.6.84 p. 2120
CurrentState:	All of Act in operation

Wrongs (Animals Straying on Highways) Act 1984, No. 10078/1984

Assent Date:	15.5.84
Commencement Date:	1.8.84: Government Gazette 11.7.84 p. 2381
CurrentState:	All of Act in operation

Accident Compensation Act 1985, No. 10191/1985

Assent Date:	30.7.85
Commencement Date:	S. 276(Sch. 2) on 31.8.85 (at 4 p.m.): Government Gazette 30.8.85 p. 3401
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs (Contribution) Act 1985, No. 10227/1985

Assent Date:	10.12.85
Commencement Date:	12.2.86: Government Gazette 12.2.86 p. 382
CurrentState:	All of Act in operation

Coroners Act 1985, No. 10257/1985

Assent Date:	10.12.85
Commencement Date:	S. 93 on 1.6.86: Government Gazette 30.4.86 p. 1115
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(Sch. 2 item 136.1) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Crimes Legislation (Miscellaneous Amendments) Act 1989, No. 25/1989

Assent Date:	6.6.89
Commencement Date:	Pt 7 (ss 38, 39) on 25.6.89: Special Gazette 20.6.89 p. 1
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Magistrates' Court Act 1989, No. 51/1989

Assent Date:	14.6.89
Commencement Date:	S. 148 on 1.9.90: Government Gazette 25.7.90 p. 2216
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 3(Sch. items 223.1–223.7) on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 90) on 1.1.97: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Printers and Newspapers (Repeal) Act 1998, No. 56/1998

Assent Date:	13.10.98
Commencement Date:	S. 4 on 19.11.98: Government Gazette 19.11.98 p. 2792
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs (Amendment) Act 2000, No. 75/2000

Assent Date:	21.11.00
Commencement Date:	21.11.00: s. 2
CurrentState:	All of Act in operation

Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002, No. 49/2002

Assent Date:	22.10.02
Commencement Date:	Ss 3–7, 9, 10 on 23.10.02: s. 2(1); s. 8 on 14.2.03: Government Gazette 13.2.03 p. 244; s. 11 on 15.3.03: Government Gazette 13.3.03 p. 419
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs and Limitation of Actions Acts (Insurance Reform) Act 2003, No. 60/2003 (as amended by No. 102/2003)

Assent Date:	16.6.03
Commencement Date:	Ss 4–10 on 21.5.03: s. 2(1); s. 3 on 1.1.04: Government Gazette 18.12.03 p. 3208
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs and Other Acts (Law of Negligence) Act 2003, No. 102/2003

Assent Date:	2.12.03
Commencement Date:	S. 14(2) on 21.5.03: s. 2(3); s. 6 on 1.10.03: s. 2(2); ss 3–5, 7–13, 14(1)(3)(4), 15–35 on 3.12.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs (Remarriage Discount) Act 2004, No. 6/2004

Assent Date:	27.4.04
Commencement Date:	28.4.04: s. 2
CurrentState:	All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 237) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Victoria State Emergency Service Act 2005, No. 51/2005

Assent Date:	24.8.05
Commencement Date:	S. 58(10)–(14) on 1.11.05: Government Gazette 20.10.05 p. 2308
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Defamation Act 2005, No. 75/2005

Assent Date:	2.11.05
Commencement Date:	S. 49(Sch. 4 item 3) on 1.1.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 55) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 49) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Accident Compensation and Other Legislation (Amendment) Act 2006, No. 41/2006

Assent Date:	25.7.06
Commencement Date:	S. 48 on 26.7.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 68) on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Asbestos Diseases Compensation Act 2008, No. 69/2008

Assent Date:	25.11.08
Commencement Date:	Ss 12, 13 on 26.11.08: s. 2
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 129(Sch. 2 item 26) on 1.11.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 30) on 1.12.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)

Assent Date:	10.3.09
Commencement Date:	S. 435(2) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 137) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 2 item 59) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 62) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Equal Opportunity Act 2010, No. 16/2010

Assent Date:	27.4.10
Commencement Date:	S. 209(Sch. item 11) on 1.8.11: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010

Assent Date:	19.10.10
Commencement Date:	S. 48(Sch. item 25) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Transport Accident and Accident Compensation Legislation Amendment Act 2010, No. 80/2010

Assent Date:	19.10.10
Commencement Date:	S. 160 on 20.10.10: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Business Names (Commonwealth Powers) Act 2011, No. 79/2011

Assent Date:	21.12.11
Commencement Date:	S. 41 on 28.5.12: Special Gazette (No. 151) 8.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 27) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date:	29.5.12
Commencement Date:	S. 30 on 1.7.12: s. 2
CurrentState:	This information relates only to the provision/s amending the Wrongs Act 1958

Open Courts Act 2013, No. 58/2013

Assent Date:	22.10.13
Commencement Date:	Ss 65, 66 on 1.12.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 36) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 34) on 30.6.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 47) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs Amendment (Asbestos Related Claims) Act 2015, No. 2/2015

Assent Date:	10.3.15
Commencement Date:	Ss 3–5 on 11.3.15: s. 2
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs Amendment (Prisoner Related Compensation) Act 2015, No. 22/2015

Assent Date:	16.6.15
Commencement Date:	S. 3 on 17.6.15: s. 2
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs Amendment Act 2015, No. 62/2015

Assent Date:	18.11.15
Commencement Date:	Ss 4–13 on 19.11.15: s. 2
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Wrongs Amendment (Organisational Child Abuse) Act 2017, No. 12/2017

Assent Date:	27.3.17
Commencement Date:	S. 3 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 98 on 30.8.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Legal Identity of Defendants (Organisational Child Abuse) Act 2018, No. 18/2018

Assent Date:	5.6.18
Commencement Date:	S. 19 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	Ss 351(Sch. 4 cl. 24), 370 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 114) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022

Assent Date:	7.6.22
Commencement Date:	Ss 89, 90 on 18.11.24: Special Gazette (No. 610) 12.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	Ss 68–72 on 11.10.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Wrongs Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 15 (Repealed): Sections 7 and 8 of the Wrongs (Dependants) Act 1982, No. 9856/1982 reads as follows:

7Transitional provisions

(1)The Principal Act as amended by this Act shall apply only to causes of actions which accrue after the commencement of this Act.

(2)The Principal Act as in force immediately before the commencement of this Act shall continue to apply to actions which accrued on or before the commencement of this Act.

8Transitional provisions

Where a cause of action survives for the benefit of the estate of a deceased person by reason of the operation of section 29 of the Administration and Probate Act 1958 and where proceedings in respect of that cause of action have been instituted at the date of the coming into operation of this Act whereby damages are being claimed for the loss of future probable earnings of the deceased person after the date of his death and where by reason of the coming into operation of the Administration and Probate (Survival of Actions) Act 1982 the right to recover those damages is removed, a person—

(a)who would have been entitled to share in those damages had that action been successful; and

(b)who would, if the deceased person had died after the coming into operation of this Act, be entitled to bring an action under Part III of the Wrongs Act 1958 but who would not have been entitled to bring such an action

before the coming into operation of this Act—

shall be entitled to bring an action under that Part (notwithstanding section 20(1) of the Wrongs Act 1958) as if the deceased person had died on the day upon which this Act comes into operation.

[2] S. 17: See note 1.

[3] S. 24: See note 1.

[4] Ss 24(4A):

S. 24(4A) inserted by No. 8330 s. 3(1)(a), repealed by No. 10227 s. 8(c)(i).

[5] Ss 24(6):

S. 24(6) substituted by No. 8330 s. 3(1)(b), amended by No. 9856 s. 5(b), repealed by No. 10227 s. 8(c)(i).

[6] S. 26: See note 1.