ABSTRACT

The rules governing accident compensation law have been very largely judgemade. In this respect accident compensation law is in sharp contrast to accident prevention law: in the latter, the behaviour that people are expected to demonstrate to minimise the risk of personal injury has been enacted by Parliament in regulatory legislation. Although, in relation to compensation law, Parliament has, from time to time, legislated to clarify or modify the system developed through the judge-made common law. In respect to accident prevention law, judges have been, and are, frequently required to interpret the language used by Parliament. Nevertheless, judicial interpretation of regulatory legislation has largely been in civil courts when accident victims have brought civil actions for breach of statutory duty.