CIVIL LIABILITY ACT 2002 - As at 18 November 2021 - Act 22 of 2002
- As at 18 November 2021 - Act 22 of 2002Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 3A Provisions relating to operation of Act
- 3B Civil liability excluded from Act
- 3C Act operates to exclude or limit vicarious liability
- 4 Miscellaneous provisions
PART 1A - NEGLIGENCE
Division 1 - Preliminary
- 5 Definitions
- 5A Application of Part
Division 2 - Duty of care
Division 3 - Causation
Division 4 - Assumption of risk
- 5F Meaning of "obvious risk"
- 5G Injured persons presumed to be aware of obvious risks
- 5H No proactive duty to warn of obvious risk
- 5I No liability for materialisation of inherent risk
Division 5 - Recreational activities
- 5J Application of Division
- 5K Definitions
- 5L No liability for harm suffered from obvious risks of dangerous recreational activities
- 5M No duty of care for recreational activity where risk warning
- 5N Waiver of contractual duty of care for recreational activities
Division 6 - Professional negligence
Division 7 - Non-delegable duties and vicarious liability
- 5Q Liability based on non-delegable duty
Division 8 - Contributory negligence
- 5R Standard of contributory negligence
- 5S Contributory negligence can defeat claim
- 5T Contributory negligence--claims under the Compensation to Relatives Act 1897 6-8. (Repealed)
PART 1B - CHILD ABUSE--LIABILITY OF ORGANISATIONS
Division 1 - Preliminary
- 6A Definitions
- 6B Application of Part
- 6C Successor organisations
Division 2 - Duty of organisations to prevent child abuse
- 6D Organisations that are responsible for a child
- 6E Individuals who are associated with organisations
- 6F Liability of organisation for child abuse by associated individuals
Division 3 - Vicarious liability of organisations
- 6G Employees include persons exercising functions akin to employees
- 6H Organisations vicariously liable for child abuse perpetrated by employees
Division 4 - Proceedings against unincorporated organisations
- 6I Objects of Division
- 6J Definitions
- 6K Child abuse proceedings may be commenced against unincorporated organisation
- 6L Unincorporated organisation may appoint proper defendant
- 6M Entities suitable to be appointed as proper defendant
- 6N Court may appoint proper defendant
- 6O Effect of appointment of proper defendant
- 6P Special provisions applying when trustees of associated trust appointed
Division 5 - Rules
- 6Q Rules of court
PART 1C - CHILD ABUSE--SETTING ASIDE SETTLEMENTS
- 7A Definitions
- 7B Object of Part
- 7C Meaning of "affected agreement"
- 7D Court may set aside affected agreement
- 7E Court may also set aside other things
- 7F Effect of setting aside affected agreement
PART 2 - PERSONAL INJURY DAMAGES
Division 1 - Preliminary
9, 10. (Repealed)- 11 Definitions
- 11A Application of Part
Division 2 - Fixing damages for economic loss
- 12 Damages for past or future economic loss--maximum for loss of earnings etc
- 13 Future economic loss--claimant's prospects and adjustments
- 14 Damages for future economic loss--discount rate
- 15 Damages for gratuitous attendant care services: general
- 15A Damages for gratuitous attendant care services: dust-related conditions
- 15B Damages for loss of capacity to provide domestic services
- 15C Damages for loss of superannuation entitlements
Division 3 - Fixing damages for non-economic loss (general damages)
- 16 Determination of damages for non-economic loss
- 17 Indexation of maximum amount relating to non-economic loss
- 17A Tariffs for damages for non-economic loss
Division 4 - Interest on damages
- 18 Interest on damages
Division 5 - Third party contributions
- 19 Third party contributions 20. (Repealed)
Division 6 - Exemplary and similar damages
- 21 Limitation on exemplary, punitive and aggravated damages
Division 7 - Structured settlements
- 22 What is a structured settlement
- 23 Court required to inform parties of proposed award
- 24 Court may make consent order for structured settlement
- 25 Obligation of Australian legal practitioners to provide advice
- 26 Offer of structured settlement--legal costs
PART 2A - SPECIAL PROVISIONS FOR OFFENDERS IN CUSTODY
Division 1 - Preliminary
- 26A Definitions
- 26B Application of Part
Division 1A - Duties of claimant for offender damages
- 26BA Protected defendant must be given notice of incident giving rise to claim
- 26BB Claimant must comply with requests for information
- 26BC Vulnerable offenders
- 26BD Dismissal of court proceedings for failure to give notice or co-operate on claim
Division 2 - Damages subject to 15% permanent impairment threshold
Division 3 - Damages for economic loss
- 26E Damages for past or future loss of earnings
- 26F Retirement age
- 26G Future economic loss--assumption about release on parole
Division 4 - Damages for non-economic loss
- 26H Restriction on damages for non-economic loss
- 26I Non-economic loss damages limited to workers compensation amount
Division 5 - Victims support payments owed by offender
- 26J Authority for deduction from damages
Division 6 - Offender damages trust funds
- 26K Interpretation
- 26L Offender damages to be held in trust as victim trust fund
- 26M Victim trust fund available to satisfy eligible victim claims
- 26N Notice to persons entitled to make victim claim
- 26O Provision of information to persons entitled to claim
- 26P Commencement of victim claims proceedings despite expiry of limitation period
- 26Q Orders for payment of damages out of money held in trust for victims of offender
- 26QA Court may deal with victim claim on the papers
- 26R Payment to offender of trust fund surplus
- 26S Functions of the NSW Trustee and Guardian
- 26T Exception for legal costs
- 26U Maximum legal costs of eligible claims
- 26V Protection from liability
- 26W Division overrides Part 7 Division 2
Division 7 - Miscellaneous
- 26X Limitation on exemplary, punitive and aggravated damages against protected defendant in cases of vicarious liability
PART 3 - MENTAL HARM
- 27 Definitions
- 28 Application of Part
- 29 Personal injury arising from mental or nervous shock
- 30 Limitation on recovery for pure mental harm arising from shock
- 31 Pure mental harm--liability only for recognised psychiatric illness
- 32 Mental harm--duty of care
- 33 Liability for economic loss for consequential mental harm
PART 4 - PROPORTIONATE LIABILITY
- 34 Application of Part
- 34A Certain concurrent wrongdoers not to have benefit of apportionment
- 35 Proportionate liability for apportionable claims
- 35A Duty of defendant to inform plaintiff about concurrent wrongdoers
- 36 Contribution not recoverable from defendant
- 37 Subsequent actions
- 38 Joining non-party concurrent wrongdoer in the action
- 39 Application of Part
PART 5 - LIABILITY OF PUBLIC AND OTHER AUTHORITIES
- 40 Application of Part
- 41 Definitions
- 42 Principles concerning resources, responsibilities etc of public or other authorities
- 43 Proceedings against public or other authorities based on breach of statutory duty
- 43A Proceedings against public or other authorities for the exercise of special statutory powers
- 44 When public or other authority not liable for failure to exercise regulatory functions
- 45 Special non-feasance protection for roads authorities
- 46 Exercise of function or decision to exercise does not create duty
PART 6 - INTOXICATION
- 47 Part applies to civil liability for death, injury or property damage
- 48 Definition of "intoxication"
- 49 Effect of intoxication on duty and standard of care
- 50 No recovery where person intoxicated
PART 7 - SELF-DEFENCE AND RECOVERY BY CRIMINALS
Division 1 - Limitations on damages
- 51 Part applies to civil liability for death, injury or property damage
- 52 No civil liability for acts in self-defence
- 53 Damages limitations apply even if self-defence not reasonable response
- 54 Criminals not to be awarded damages
- 54A Damages limitations if loss results from serious offence committed by impaired person
Division 2 - Supervision of damages arising out of criminal conduct by persons with a mental health impairment or a cognitive impairment
- 54B Definitions
- 54C Application of Division
- 54D Damages supervision orders
- 54E Additional matters relating to damages supervision orders
- 54F Estates under supervision of Protective Commissioner
- 54G Hindering or obstructing NSW Trustee and Guardian
- 54H Evidence of NSW Trustee and Guardian's right to act
PART 8 - GOOD SAMARITANS
- 55 Application of Part
- 56 Who is a good samaritan
- 57 Protection of good samaritans
- 58 Exclusion from protection
PART 8A - FOOD DONORS
PART 9 - VOLUNTEERS
- 59 Application of Part
- 60 Definitions
- 61 Protection of volunteers
- 62 Liability not excluded for criminal acts
- 63 Liability of intoxicated volunteer not excluded
- 64 Liability of volunteer not excluded if acting outside scope of activities or contrary to instructions
- 65 Liability not excluded if insurance required
- 66 Liability not excluded for motor accidents
PART 10 - APOLOGIES
- 67 Application of Part
- 68 Definition
- 69 Effect of apology on liability