An autonomous vehicle caused an accident. Who is liable under current Australian law?

What the Law Says

Australian road transport law places liability on the registered operator of a motor vehicle — including autonomous vehicles — for damage caused in accidents. This is based on strict liability principles under state and territory Road Transport Acts.

Autonomous vehicles are treated like conventional motor vehicles under current Australian law. There is no federal autonomous vehicle liability statute, so responsibility falls under each state and territory’s road transport legislation.

The registered operator — the person listed on the vehicle registration — is held strictly liable for damage caused by the vehicle’s use, even if they were not in control at the time (e.g., during automated driving). This means fault, negligence, or intent does not need to be proven against them.

Manufacturers, software developers, or system designers are not currently assigned statutory liability under Australian road transport laws. Civil claims against them would require separate negligence or product liability arguments under common law or the Australian Consumer Law — but those are not part of the core road safety liability framework.

Statutory Text

The registered operator of a motor vehicle is liable for damage caused by the use of the vehicle.

— Road Transport Act 2013 (NSW), s. 159 — Liability of registered operator

Statutory Text

Liability under this section arises whether or not the registered operator was driving the vehicle or in control of it at the time the damage was caused.

— Road Transport Act 2013 (NSW), s. 159(2)

What to Do

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