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NSW - CIVIL LIABILITY ACT 2002


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CIVIL LIABILITY ACT 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 activitie 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 liabilit 5Q. Liability based on non-delegable duty
Division 8 - Contributory negligenc 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 (Repealed)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 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 (Repealed)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 damage 18. Interest on damages
Division 5 - Third party contribution 19. Third party contributions
20. (Repealed)
Division 6 - Exemplary and similar damages

21. Limitation on exemplary, punitive and aggravated damages

Division 7 - Structured settlement 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

<a href="http://www.austlii.e...s26j.html">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 mentally ill person

Division 2 - Supervision of damages arising out of criminal conduct by persons suffering from mental illness

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
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Schedule 2 (Repealed)
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WARNING/DISCLAIMER The OZ Stoners cannabis community contains information regarding cannabis & other drugs; it is designed for mature (18+) audiences only. This site in no way condones the use of cannabis by minors. The content here within this cannabis community is for educational & entertainment purposes only. Any buying/selling or trading of illegal cannabis seeds, clones, flowers, resin or oil is strictly prohibited within this cannabis community.