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Wrongs Act 1958 (Victoria)
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DescriptionWrongs Act 1958 (Victoria)
Wrongs Act 1958 (Victoria). Retrieved August 2, 2008
Division 5ŚNegligence of professionals and persons professing particular skills
In this Division professional means an individual practising a profession.
58 Standard of care to be expected of persons holding out as possessing a particular skill
In a case involving an allegation of negligence against a person (the defendant) who holds himself or herself out as possessing a particular skill, the standard to be applied by a court in determining whether the defendant acted with due care is, subject to this Division, to be determined by reference toŚ
(a) what could reasonably be expected of a person possessing that skill; and
(b) the relevant circumstances as at the date of the alleged negligence and not a later date.
59 Standard of care for professionals
(1) A professional is not negligent in providing a professional service if it is established that the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by a significant number of respected practitioners in the field (peer professional opinion) as competent professional practice in the circumstances.
(2) However, peer professional opinion cannot be relied on for the purposes of this section if the court determines that the opinion is unreasonable.
(3) The fact that there are differing peer professional opinions widely accepted in Australia by a significant number of respected practitioners in the field concerning a matter does not prevent any one or more (or all) of those opinions being relied on for the purposes of this section.
(4) Peer professional opinion does not have to be universally accepted to be considered widely accepted.
(5) If, under this section, a court determines peer professional opinion to be unreasonable, it must specify in writing the reasons for that determination.
(6) Subsection (5) does not apply if a jury determines the matter.
60 Duty to warn of risk
Section 59 does not apply to a liability arising in connection with the giving of (or the failure to give) a warning or other information in respect of a risk or other matter to a person if the giving of the warning or information is associated with the provision by a professional of a professional service.
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