Civil Law (Wrongs) Act 2002

2 a forum created or administered by a person using a facility provided by an internet‑based social media platform that enables users to share content or interact with other users about a topic

parliamentary body means—

a parliament or legislature of any country; or

a house of a parliament or legislature of any country; or

a committee of a parliament or legislature of any country; or

a committee of a house or houses of a parliament or legislature of any country.

poster, in relation to the publication of digital matter, means a person who uses the online service by means of which the matter is published for the purpose of communicating the matter to 1 or more other people.

publisher, for division 9.3.1 (Concerns notices and offers to make amends)—see section 124.

search engine, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B.

search engine provider, for a search engine, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B.

search result, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B.

storage service, for division 9.2.2A (Exemptions from liability for digital intermediaries)—see section 122B.

substantially true means true in substance or not materially different from the truth.

this jurisdiction means the Territory.

equine facility includes an equestrian centre, riding school, stable, clubhouse, fair or arena where an equine activity is held.

equine professional means a person engaged for reward in—

instructing a participant or renting an equine to a participant to—

ride or be a passenger on the equine; or

drive the equine; or

renting equipment or tack to a participant.

inherent risks of equine activities means the dangers or conditions that are an integral part of equine activities, including, for example—

the propensity of an equine to behave in ways that may result in injury, harm or death to people on or around them; and

the unpredictability of an equine’s reactions including to sounds, sudden movement and unfamiliar objects, people or animals; and

hazards such as surface and subsurface conditions; and

collisions with other equines or objects; and

the potential of a participant to act negligently that may contribute to injury to the participant or others.

Examples for par (e)

1 failing to maintain control over an equine

A good samaritan does not incur personal civil liability for an act done or omission made honestly and without recklessness in assisting, or giving advice about the assistance to be given to, a person who is apparently—

injured or at risk of being injured; or

in need of emergency medical assistance.

However, the protection does not apply if—

the liability falls within the ambit of a scheme of compulsory third-party motor vehicle insurance; or

the good samaritan’s capacity to exercise appropriate care and skill was, at the relevant time, significantly impaired by a recreational drug.

Example—scheme of compulsory third-party motor vehicle insurance

the scheme under the Motor Accident Injuries Act 2019

Despite subsection (2) (b), if a good samaritan administers the drug known as naloxone, honestly and without recklessness, to a person apparently suffering from an overdose of an opioid drug for the purpose of resuscitating the person, the protection under subsection (1) applies even if the good samaritan’s capacity to exercise appropriate care and skill was, at the time of administering the drug, impaired by a recreational drug.

Examples—opioid drugs

 heroin

 methadone

 morphine

In this section:

good samaritan means—

a person who, acting without expectation of payment or other consideration, comes to the aid of a person who is apparently—

injured or at risk of being injured; or

in need of emergency medical assistance; or

a medically qualified person who, acting without expectation of payment or other consideration, gives advice by telephone or another form of telecommunication about the treatment of a person who is apparently—

injured or at risk of being injured; or

in need of emergency medical assistance.

medically qualified—a person is medically qualified if the person—

is a doctor; or

has professional qualifications in a field of health care that are recognised under an Act; or

works, or has worked, as a member of the ambulance service or in another paramedical capacity.

Part 2.2 Volunteers

equine activity sponsor means—

an entity that (whether or not it operates for profit) sponsors, organises or provides a facility for an equine activity; or

an operator, instructor or promoter of an equine facility.

Examples for par (a)

1 pony clubs

2 riding clubs or schools

3 equestrian centres

In this part:

community work means—

work for 1 or more of the following purposes:

a religious, educational, charitable or benevolent purpose;

promoting or encouraging literature, science or the arts;

looking after, or giving attention to, people who need care because of a physical or mental disability or condition;

sport, recreation or amusement;

conserving resources or protecting the natural environment from harm;

preserving historical or cultural heritage;

a political purpose;

protecting or promoting the common interests of the community generally or a particular section of the community; or

work declared by regulation to be community work.

However, work is not community work if it—

involves acts or threats of violence; or

creates a serious risk to the health or safety of the public or a section of the public; or

is declared by regulation not to be community work.

A volunteer does not incur personal civil liability for an act done or omission made honestly and without recklessness while carrying out community work for a community organisation on a voluntary basis.

However, the protection does not apply if—

the liability falls within the ambit of a scheme of compulsory third-party motor vehicle insurance; or

the liability is for defamation; or

the volunteer’s capacity to carry out the work properly was, at the relevant time, significantly impaired by a recreational drug; or

the volunteer was acting, and knew or ought to have known that he or she was acting—

outside the scope of the activities authorised by the community organisation; or

contrary to instructions given by the community organisation.

A liability that would, apart from this part, attach to a volunteer, attaches instead to the community organisation for which the volunteer was carrying out the relevant community work.

A person (the injured person) who suffers death, injury, loss or damage because of the act or omission of a volunteer may sue the volunteer personally only if—

it is clear from the circumstances of the case that the protection given under section 8 does not apply to the case; or

the injured person brings an action against the community organisation and the community organisation disputes, in a defence filed to the action, that it is liable for the act or omission of the volunteer.

This section applies if a community organisation carries out a function that is a recognised government responsibility.

The Minister may, by agreement with the community organisation, assume on behalf of the Territory liabilities of the organisation that arise under section 9 in carrying out the function.

The agreement may be subject to the conditions and limitations the Minister considers appropriate.

While the agreement is in force, a liability that would, apart from this section, attach to the community organisation in relation to the function, attaches instead (subject to the conditions and limitations of the agreement) to the Territory.

In this section:

recognised government responsibility means a responsibility prescribed by regulation as a recognised government responsibility.

The Minister may give directions to community organisations about the taking out of insurance, or the adoption of risk management plans, in relation to liabilities to which this part applies.

A direction is a disallowable instrument.

Part 2.2A Food donors

In this part:

donor—

means a person who donates food—

in good faith for a charitable or benevolent purpose; and

with the intention that the consumer of the food would not have to pay for it; but

does not include a person who distributes food donated by another person for human consumption.

fit for human consumption, in relation to food, means food that is not unsafe or unsuitable.

food—see the Food Act 2001, section 8.

unsafe, in relation to food—see the Food Act 2001, section 12.

unsuitable, in relation to food—see the Food Act 2001, section 13.

A donor does not incur civil liability for any personal injury that results from the consumption of food donated by the donor if—

the food was fit for human consumption when it left the possession or control of the donor; and

for food that is required to be handled in a particular way to ensure it remains fit for human consumption—the donor told the person to whom the donor gave the food about the handling requirements for the food; and

for food that would remain fit for human consumption for only a limited amount of time after it leaves the possession or control of the donor—the donor told the person to whom the donor gave the food about the time limit on the consumption of the food.

Part 2.3 Apologies