Overview

This bill, specifically amendments to the Social Action, Responsibility and Heroism Bill, modifies the criteria for determining liability in negligence cases. The changes aim to better protect individuals who act altruistically or in emergency situations, focusing on the predominant, rather than general, nature of their actions and removing ambiguity about the relevance of the level of danger involved.

Description

Amendment to Clause 3

The amendment to Clause 3 replaces the word "generally" with "predominantly" when describing the nature of an individual's actions in relation to negligence. This subtle change clarifies that the court should focus on the main or most significant aspect of an individual's actions rather than a general overview. This makes the criteria for determining negligence more precise.

Amendment to Clause 4

The amendment to Clause 4 removes the consideration of the degree of danger faced by someone acting in an emergency situation from the criteria when assessing their actions concerning negligence. This removes a potentially subjective factor in determining liability. The focus will now be on whether the action was predominantly undertaken for a socially beneficial reason.

Government Spending

The bill itself does not directly specify any changes to government spending. The amendments may indirectly affect government spending by altering the number and cost of negligence claims.

Groups Affected

Individuals acting altruistically or in emergencies: This bill is intended to protect them from being sued for negligence where their actions were predominantly undertaken for social good, regardless of the level of danger involved.
Individuals who may be subject to negligence claims: The changes could reduce the likelihood of successful negligence claims against individuals acting in socially beneficial ways.
Insurers: The amendments may lead to a reduction in the number of negligence claims processed, potentially impacting insurance premiums or payouts.

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