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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Civil Liability Amendment (Offender
Damages) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Civil Liability Act 2002 No 22 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2007
New South Wales
Civil Liability Amendment (Offender
Damages) Bill 2007
Act No , 2007
An Act to amend the Civil Liability Act 2002 to make further provision for medical
assessment of disputes and transitional arrangements concerning claims for offender
damages.
Clause 1 Civil Liability Amendment (Offender Damages) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Civil Liability Amendment (Offender Damages)
Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Civil Liability Act 2002 No 22
The Civil Liability Act 2002 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Civil Liability Amendment (Offender Damages) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 26A Definitions
Insert in alphabetical order in section 26A (1):
injury means personal injury and includes the following:
(a) impairment of a person's physical or mental condition,
(b) disease.
personal injury damages means damages that relate to the death
of or injury to a person.
[2] Section 26A (2)
Omit the subsection.
[3] Section 26D Assessment of permanent impairment
Insert after section 26D (3):
(3A) A dispute about the degree of permanent impairment of an
injured offender cannot be referred for assessment unless the
offender has provided the protected defendant with a medical
report by a medical practitioner that assesses that the degree of
permanent impairment of the injured offender is at least 15% and
sets out the medical practitioner's reasons for that assessment.
[4] Section 26M Victim trust fund available to satisfy eligible victim claims
Omit section 26M (4). Insert instead:
(4) A claim is not finally determined if:
(a) any period for bringing an appeal as of right in respect of
the claim has not expired (ignoring any period that may be
available by way of extension of time to appeal), or
(b) any appeal in respect of the claim is pending (whether or
not it is an appeal brought as of right).
[5] Section 26R Payment to offender of trust fund surplus
Insert after section 26R (1):
(1A) A claim is not finally determined if:
(a) any period for bringing an appeal as of right in respect of
the claim has not expired (ignoring any period that may be
available by way of extension of time to appeal), or
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Civil Liability Amendment (Offender Damages) Bill 2007
Schedule 1 Amendments
(b) any appeal in respect of the claim is pending (whether or
not it is an appeal brought as of right).
[6] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Civil Liability Amendment (Offender Damages) Act 2007
[7] Schedule 1, clause 1A
Insert after clause 1 of Schedule 1:
1A Final determination of proceedings
For the purposes of this Schedule, proceedings are not finally
determined if:
(a) any period for bringing an appeal as of right in respect of
the proceedings has not expired (ignoring any period that
may be available by way of extension of time to appeal), or
(b) any appeal in respect of the proceedings is pending
(whether or not it is an appeal brought as of right).
[8] Schedule 1, clause 25 Deemed commencement of, and application of,
amendments to section 3B (1) (a)
Omit clause 25 (5). Insert instead:
(5) Despite subclause (4), this clause does apply for the purpose of
the application of Division 6 of Part 2A to an award of damages
made against a protected defendant before the commencement of
this clause (even if any proceedings resulting in or in respect of
that award were finally determined before that commencement).
This clause does not apply for that purpose if the award has been
wholly or partly satisfied (before or after the commencement of
this clause) by payment to or at the direction of the person to
whom the damages were awarded.
[9] Schedule 1, clause 26 Definition of "offender in custody" in section 26A
Omit clause 26 (4). Insert instead:
(4) Despite subclause (3), this clause does apply for the purpose of
the application of Division 6 of Part 2A to an award of damages
made against a protected defendant before the commencement of
this clause (even if any proceedings resulting in or in respect of
that award were finally determined before that commencement).
This clause does not apply for that purpose if the award has been
wholly or partly satisfied (before or after the commencement of
Page 4
Civil Liability Amendment (Offender Damages) Bill 2007
Amendments Schedule 1
this clause) by payment to or at the direction of the person to
whom the damages were awarded.
[10] Schedule 1, Part 10
Insert after Part 9 of Schedule 1:
Part 10 Provisions consequent on enactment of
Civil Liability Amendment (Offender
Damages) Act 2007
27 Definition
In this Part, 2007 amending Act means the Civil Liability
Amendment (Offender Damages) Act 2007.
28 Definition of "personal injury damages"
(1) The amendments made by the 2007 amending Act to section 26A
(the 26A amendments) extend to civil liability arising, and any
award of damages in respect of such civil liability made, before
the commencement of those amendments.
(2) The 26A amendments do not affect any final determination of
legal proceedings made by a court or tribunal before the
commencement of those amendments.
(3) Despite subclause (2), the 26A amendments do apply for the
purpose of the application of Division 6 of Part 2A to an award
of damages made against a protected defendant before the
commencement of those amendments (even if any proceedings
resulting in or in respect of that award were finally determined
before that commencement). The 26A amendments do not apply
for that purpose if the award has been wholly or partly satisfied
(before or after commencement of the amendments) by payment
to or at the direction of the person to whom the damages were
awarded.
29 Final determination of proceedings
Clause 1A of this Schedule does not affect any decision of a court
made before the commencement of that clause (as inserted by the
2007 amending Act).
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Civil Liability Amendment (Offender Damages) Bill 2007
Schedule 1 Amendments
30 Assessment of medical disputes
The amendment made by the 2007 amending Act to section 26D
extends to a dispute in connection with civil liability arising
before the commencement of that amendment (whether or not
proceedings had been commenced before that commencement),
but does not extend to a dispute referred for assessment pursuant
to that section before that commencement.
Page 6
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