In Australia, the Peer Professional Opinion defence allows a
professional to defend a negligence claim if the professional's
conduct is endorsed by a body of peers. The defence was embodied in
legislation in each of the states of
Australiai as part of liability law
reform following the Ipp Report.
Although the precise terms of the defence vary in each
jurisdiction,ii there is a common
requirement that the evidence must establish that a body of peer
practitioners accepts the professional's conduct to be
competent and accepted practice.
There is a surprising dearth of reported cases where the Peer
Professional Opinion defence has been raised successfully. This is
no doubt in part because the defence applies to positive acts or
omissions by a professional, and may not be relied upon where it is
alleged that the professional failed to warn a client of a risk.
Another factor may be the courts' unwillingness to accept a
peer opinion unless it accurately and exhaustively
