New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002

- As at 15 May 2024 
- Act 22 of 2002 

TABLE OF PROVISIONS

           Long Title

   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

   5B.     General principles
   5C.     Other principles

           Division 3 - Causation

   5D.     General principles
   5E.     Onus of proof

           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

   5O.     Standard of care for professionals
   5P.     Division does not apply to duty to warn of risk

           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 (Repealed)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

   26C.    No damages unless permanent impairment of at least 15%
   26D.    Assessment of permanent impairment

           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

   58A.    Interpretation
   58B.    Application of Part
   58C.    Protection of 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

   PART 11 - DAMAGES FOR THE BIRTH OF A CHILD

   70.     Application of Part
   71.     Limitation of the award of damages for the birth of a child

   PART 12 - DAMAGE BY AIRCRAFT

   72.     Trespass or nuisance by aircraft
   73.     Surface damage by aircraft or articles falling from aircraft
           SCHEDULE 1
           SCHEDULE 2