New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 54C
Application of Division
54C Application of Division
(1) This Division applies to an award of damages to which this Part applies
(a) the award is made in respect of a civil liability that arises out of
injury or damage to the person, and
(b) the 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 injury or damage or to the risk of
injury or damage.
(2) This Division does not apply to offender damages within
the meaning of Division 6 of Part 2A.
(3) This Division does not apply to an
award of damages against a defendant if the conduct of the defendant that
caused the death, injury or damage concerned--
(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.
(4) This Division does not
apply to an award of damages made before the commencement of this Division.
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