Civil Liability Reform and Volunteer Protection in Queensland

Abstract

In 2002, the Queensland Parliament introduced the Personal Injuries Proceedings Act 2002. This legislation radically changed the assessment of damages for most personal injury claims commenced in Queensland on or after 18 June 2002. The Civil Liability Act 2003 (Qld) amends the Personal Injuries Proceedings Act 2002 and imports into the law of Queensland provisions which alter common law principles concerning the determination of liability in civil actions commenced on or after 9 April 2003. In general, the amendments have the effect of making it more difficult for claimants to succeed in their actions.

A minor element of current tort law involves the protection of volunteers from personal civil liability. Queensland has enacted the Civil Liability Act 2003 (Qld) protecting volunteers (including office holders) of community organisations from personal civil liability. America pioneered such legislation with all state and the federal jurisdiction enacting protection for volunteers from personal civil liability. This article examines the implications of the Queensland provisions and identifies issues for further consideration.