PART I.—STATE LIABILITY IN TORT.
Division 1.—General.
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General liability of the State in tort.
(1) Subject to this Division, the State is subject to all liabilities in tort to which, if it were a private person of full age and capacity, it would be subject—
(a) in respect of torts committed by its servants and agents; and
(b) in respect of any breach of the duties that a person owes to his servants or agents under the underlying law by reason of being their employer; and
(c) in respect of any breach of the duties attaching under the underlying law to the ownership, occupation, possession or control of property.
(2) Proceedings do not lie against the State by virtue of Subsection (1)(a) in respect of an act or omission of a servant or agent of the State unless the act or omission would, apart from this Division, have given rise to a cause of action in tort against the servant or agent or his estate.
(3) Where the State is bound by a statutory duty that is binding also on persons other than the State and its officers, then, subject to this Division, the State is, in respect of a failure to comply with that duty, subject to all liabilities in tort (if any) to which it would be subject if it were a private person of full age and capacity.
(4) Where functions are conferred or imposed on an officer of the State as such either by a rule of the underlying law or by statute, and the officer commits a tort while performing or purporting to perform the functions, the liabilities of the State in respect of the tort are such as they would have been if the functions had been conferred or imposed solely by virtue of instructions lawfully given by the Government.
(5) An Act or subordinate enactment that negatives or limits the amount of the liability of a Department of the Government or officer of the State in respect of a tort committed by the Department or officer applies, in the case of proceedings against the State under this section in respect of a tort committed by the Department or officer, in relation to the State as it would have applied in relation to the Department or officer if the proceedings against the State had been proceedings against the Department or officer.
(6) Proceedings do not lie against the State by virtue of this section in respect of anything done or omitted to be done by a person while discharging or purporting to discharge responsibilities of a judicial nature vested in him, or responsibilities that he has in connexion with the execution of judicial process.
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Application of law as to indemnity, contribution, joint and several tort-feasors and contributory negligence.
(1) Where the State is subject to liability by virtue of this Division, the law relating to indemnity and contribution is enforceable by or against the State in respect of the liability to which it is so subject as if the State were a private person of full age and capacity.
(2) Without prejudice to the effect of Subsection (1), Part VIII. binds the State.
(3) Part IX. binds the State.
Division 2.—Liability in Respect of Motor Vehicles.
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Interpretation of Division 2.
(1) In this Division, unless the contrary intention appears—
"driver" includes the rider of a motor cycle and a person for the time being in charge of a motor vehicle;
"motor vehicle" means a motor car, motor carriage, motor cycle, motor lorry, motor omnibus, motor tractor or other vehicle propelled wholly or partly by a volatile spirit or by steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer or semi-trailer other than a vehicle used on a railway or tramway;
"statutory instrumentality" means a corporation incorporated for a public purpose by a law, but does not include an incorporated company or association;
"third-party policy" means a policy of insurance that is a third-party policy within the meaning of the Motor Vehicles (Third Party Insurance) Act;
"uninsured motor vehicle" means a motor vehicle in respect of which a third-party policy is not in force.
(2) This Division does not apply in relation to proceedings arising out of an occurrence that took place outside the country.
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Conclusive presumption of agency in respect of driving of Government vehicles.
(1) In proceedings in which—
(a) a claim is made against the State or a statutory instrumentality for damages in respect of the death of, or personal injury to, a person caused by, or arising out of the use of, an uninsured motor vehicle owned by the State or the instrumentality; or
(b) a claim is made by or against the State or a statutory instrumentality for contribution in relation to liability of the State or the instrumentality for such damages,
the driver of the vehicle shall, for the purposes of the claim, be conclusively presumed to have been at all relevant times, with respect to the driving of the vehicle, the agent of the State or of the instrumentality, as the case may be, acting within the scope of his authority.
(2) Nothing in this Division implies ratification by the State or a statutory instrumentality of the acts of the driver of a vehicle.
Division 3.—Liability in Respect of Aircraft Accidents.
Subdivision A.—Preliminary.
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Interpretation of Division 3.
In this Division, unless the contrary intention appears—
"damages" includes an amount received under a compromise or settlement of a claim for damages, whether legal proceedings had been instituted or not;
"flying pay" includes flying instructional pay, flight pay and flying allowance and any other similar pay or allowance;
"passenger", in relation to an aircraft, does not include—
(a) a member of the crew (including a pilot) of the aircraft; or
(b) a member of the Defence Force, whether a member of the crew of the aircraft or not, who—
(i) is in receipt of flying pay; or
(ii) is included in a prescribed class of members of the Defence Force, being a class as to whom the terms and conditions of their service include provision for risks arising out of the performance of duties in aircraft; or
(c) a person whose carriage in...
