Legislative reform summary – personal injury overview

Major changes were made to general insurance law in South Australia as part of the “Ipp Reforms” which followed what was described as the “insurance crisis” of 2001.

Significant amendments were made to the Wrongs Act 1936, including a new name for the Act – the Civil Liability Act 1936. Many concepts that existed at common law were codified or modified by these changes. The Civil Liability Act 1936 seeks to clarify the circumstances in which damages may be awarded. The Act also limits awards for some heads of damages, and guidelines for the assessment of others. These changes aim for a uniform assessment of quantum in all types of personal injury claims.

Since 2002, significant changes have also been made to the Motor Vehicles Act 1959 and the Limitations of Actions Act 1936.

Generally, changes relating to negligence and personal injury include:

• duty and standard of care;
• causation;
• professional liability;
• contributory negligence;
• voluntary assumption of an obvious risk;
• occupiers liability;
• motor vehicle accidents;
• workplace accidents; and
• road authorities.

Further significant changes have been made under the South Australian Limitations of Actions Act 1936 with the revision of the manner in which the discretion to allow extension of time in personal injury cases is to be exercised.

Our site also contains tables setting out the entitlement to damages for non-economic loss on a year-by-year basis.

A detailed summary of these changes are contained in our Personal Injury Claims Overview article.