New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CIVIL LIABILITY ACT 2002 - SECT 3B
Civil liability excluded from Act
3B Civil liability excluded from Act
(1) The provisions of this Act do not apply to or in respect of civil
liability (and awards of damages in those proceedings) as follows-- (a) civil
liability of a person in respect of an intentional act that is done by the
person with intent to cause injury or death or that is sexual assault or other
sexual misconduct committed by the person--the whole Act except-- (ia) Part 1B
(Child abuse--liability of organisations), and
(i) section 15B and
section 18(1) (in its application to damages for any loss of the kind referred
to in section 18(1)(c)), and
(ii) Part 7 (Self-defence and recovery by
criminals) in respect of civil liability in respect of an intentional act that
is done with intent to cause injury or death, and
(iii) Part 2A (Special
provisions for offenders in custody),
(b) civil liability in proceedings of
the kind referred to in section 11 (Claims for damages for dust diseases etc
to be brought under this Act) of the Dust Diseases Tribunal Act 1989 --the
whole Act except sections 15A and 15B and section 18(1) (in its application to
damages for any loss of the kind referred to in section 18(1)(c)),
(c) civil
liability relating to an award of personal injury damages (within the meaning
of Part 2) where the injury or death concerned resulted from smoking or other
use of tobacco products--the whole Act except section 15B and section 18(1)
(in its application to damages for any loss of the kind referred to in
section 18(1)(c)),
(d) civil liability relating to an award to which Part 6
of the Motor Accidents Act 1988 applies--the whole Act except the provisions
that subsection (2) provides apply to motor accidents,
(e) civil liability
relating to an award to which Chapter 5 of the
Motor Accidents Compensation Act 1999 applies (including an award to and in
respect of which that Chapter applies pursuant to section 121 (Application of
common law damages for motor accidents to railway and other public transport
accidents) of the Transport Administration Act 1988 )--the whole Act except
the provisions that subsection (2) provides apply to motor accidents,
(e1)
civil liability relating to an award to which Part 4 of the
Motor Accident Injuries Act 2017 applies--the whole Act except the provisions
that subsection (2) provides apply to motor accidents,
(f) civil liability
relating to an award to which Division 3 of Part 5 of the
Workers Compensation Act 1987 applies--the whole Act (other than Part 1B),
Note : Section 151E(2A) of the Workers Compensation Act 1987 provides that
Division 3 of Part 5 of that Act does not apply to an award of damages that
arises from abuse against a child (whether arising under Part 1B of this Act
or the common law).
(g) civil liability for compensation under the
Workers Compensation Act 1987 , the
Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 ,
the Workers' Compensation (Dust Diseases) Act 1942 or the
Anti-Discrimination Act 1977 or a benefit payable under the Sporting
Injuries Insurance Act 1978 --the whole Act,
(h) civil liability for
financial assistance for economic loss under the Victims Rights and Support
Act 2013 --the whole Act.
(2) The following provisions apply to motor
accidents-- (a) Divisions 1-4 and 8 of Part 1A (Negligence),
(a1) section 15B
(Damages for loss of capacity to provide domestic services), except in
relation to a motor accident to which the Motor Accident Injuries Act 2017
applies,
(b) section 15C (Damages for loss of superannuation entitlements),
except in relation to a motor accident to which the Motor Accident Injuries
Act 2017 applies,
(c) section 17A (Tariffs for damages for non-economic
loss),
(c1) section 18(1) (in its application to damages for any loss of the
kind referred to in section 18(1)(c)),
(d) Division 7 (Structured
settlements) of Part 2,
(e) Part 3 (Mental harm),
(f) section 49 (Effect of
intoxication on duty and standard of care),
(g) Part 7 (Self-defence and
recovery by criminals),
(h) Part 8 (Good samaritans).
(3) The regulations
may exclude a specified class or classes of civil liability (and awards of
damages in those proceedings) from the operation of all or any specified
provisions of this Act. Any such regulation may make transitional provision
with respect to claims for acts or omissions before the commencement of the
regulation.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback