New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 54A
Damages limitations if loss results from serious offence committed by mentally ill person
54A Damages limitations if loss results from serious offence committed by
mentally ill person
(1) This section applies to a liability to which this Part applies in
(a) the liability arises out of the death of, or injury
or damage to, a person, and
(b) that death, injury or damage occurred at the
time of, or following, conduct of the person that, on the balance of
probabilities, would have constituted a serious offence if the person had not
been suffering from a mental illness at the time of the conduct, and
conduct contributed materially to the death, injury or damage or to the risk
of death, injury or damage.
(2) If a court awards damages in respect of a
liability to which this section applies, the following limitations apply to
(a) no damages may be awarded for non-economic loss, and
damages for economic loss may be awarded for loss of earnings.
"serious offence" is an offence punishable by imprisonment for 6 months or
(4) This section does not apply to an award of damages against a
defendant if the conduct of the defendant that caused the death, injury or
(a) constitutes an offence (whether or not a
serious offence), or
(b) would have constituted an offence (whether or not a
serious offence) if the defendant had not been suffering from a mental illness
at the time of the conduct.
(5) This section operates whether or not a person
whose conduct is in issue was acquitted of an offence concerning that conduct
by reason of mental illness or was found by a court not to be fit to be tried
for an offence concerning that conduct by reason of such an illness.
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