Civil Liability Act 2002 (NSW)
An Act to make provision in relation to the recovery of damages for death or personal injury caused by the fault of a person; to amend the Legal Profession Act 1987 in relation to costs in civil claims; and for other purposes.
This Act is the Civil Liability Act 2002.
This Act is taken to have commenced on 20 March 2002.
In this Act—
(a) any payment authorised or required to be made under a State industrial instrument, or
(b) any payment authorised or required to be made under a superannuation scheme, or
(c) any payment authorised or required to be made under an insurance policy in respect of the death of, injury to or damage suffered by the person insured under the policy.
(a) pain and suffering,
(b) loss of amenities of life,
(c) loss of expectation of life,
(d) disfigurement.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A provision of this Act that gives protection from civil liability does not limit the protection from liability given by another provision of this Act or by another Act or law.
This Act (except Part 2) does not prevent the parties to a contract from making express provision for their rights, obligations and liabilities under the contract with respect to any matter to which this Act applies and does not limit or otherwise affect the operation of any such express provision.
Subsection (2) extends to any provision of this Act even if the provision applies to liability in contract.
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.
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).
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.
Any provision of this Act that excludes or limits the civil liability of a person for a tort also operates to exclude or limit the vicarious liability of another person for that tort.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Notes included in this Act do not form part of this Act.
Schedule 1 has effect.
In this Part—
(a) personal injury or death,
(b) damage to property,
(c) economic loss.
(a) pre-natal injury, and
(b) impairment of a person’s physical or mental condition, and
(c) disease.
This Part applies to any claim for damages for harm resulting from negligence, regardless of whether the claim is brought in tort, in contract, under statute or otherwise.
This Part does not apply to civil liability that is excluded from the operation of this Part by section 3B.
A person is not negligent in failing to take precautions against a risk of harm unless—
(a) the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known), and
(b) the risk was not insignificant, and
(c) in the circumstances, a reasonable person in the person’s position would have taken those precautions.
In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things)—
(a) the probability that the harm would occur if care were not taken,
(b) the likely seriousness of the harm,
(c) the burden of taking precautions to avoid the risk of harm,
(d) the social utility of the activity that creates the risk of harm.
In proceedings relating to liability for negligence—
(a) the burden of taking precautions to avoid a risk of harm includes the burden of taking precautions to avoid similar risks of harm for which the person may be responsible, and
(b) the fact that a risk of harm could have been avoided by doing something in a different way does not of itself give rise to or affect liability for the way in which the thing was done, and
(c) the subsequent taking of action that would (had the action been taken earlier) have avoided a risk of harm does not of itself give rise to or affect liability in respect of the risk and does not of itself constitute an admission of liability in connection with the risk.
A determination that negligence caused particular harm comprises the following elements—
(a) that the negligence was a necessary condition of the occurrence of the harm (
factual causation ), and(b) that it is appropriate for the scope of the negligent person’s liability to extend to the harm so caused (
scope of liability ).
In determining in an exceptional case, in accordance with established principles, whether negligence that cannot be established as a necessary condition of the occurrence of harm should be accepted as establishing factual causation, the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party.
If it is relevant to the determination of factual causation to determine what the person who suffered harm would have done if the negligent person had not been negligent—
(a) the matter is to be determined subjectively in the light of all relevant circumstances, subject to paragraph (b), and
(b) any statement made by the person after suffering the harm about what he or she would have done is inadmissible except to the extent (if any) that the statement is against his or her interest.
For the purpose of determining the scope of liability, the court is to consider (amongst other relevant things) whether or not and why responsibility for the harm should be imposed on the negligent party.
In proceedings relating to liability for negligence, the plaintiff always bears the onus of proving, on the balance of probabilities, any fact relevant to the issue of causation.
For the purposes of this Division, an
Obvious risks include risks that are patent or a matter of common knowledge.
A risk of something occurring can be an obvious risk even though it has a low probability of occurring.
A risk can be an obvious risk even if the risk (or a condition or circumstance that gives rise to the risk) is not prominent, conspicuous or physically observable.
In proceedings relating to liability for negligence, a person who suffers harm is presumed to have been aware of the risk of harm if it was an obvious risk, unless the person proves on the balance of probabilities that he or she was not aware of the risk.
For the purposes of this section, a person is aware of a risk if the person is aware of the type or kind of risk, even if the person is not aware of the precise nature, extent or manner of occurrence of the risk.
A person (
This section does not apply if—
(a) the plaintiff has requested advice or information about the risk from the defendant, or
(b) the defendant is required by a written law to warn the plaintiff of the risk, or
(c) the defendant is a professional and the risk is a risk of the death of or personal injury to the plaintiff from the provision of a professional service by the defendant.
Subsection (2) does not give rise to a presumption of a duty to warn of a risk in the circumstances referred to in that subsection.
A person is not liable in negligence for harm suffered by another person as a result of the materialisation of an inherent risk.
An
This section does not operate to exclude liability in connection with a duty to warn of a risk.
This Division applies only in respect of liability in negligence for harm to a person (
This Division does not limit the operation of Division 4 in respect of a recreational activity.
In this Division—
(a) any sport (whether or not the sport is an organised activity), and
(b) any pursuit or activity engaged in for enjoyment, relaxation or leisure, and
(c) any pursuit or activity engaged in at a place (such as a beach, park or other public open space) where people ordinarily engage in sport or in any pursuit or activity for enjoyment, relaxation or leisure.
A person (
This section applies whether or not the plaintiff was aware of the risk.
A person (
If the person who suffers harm is an incapable person, the defendant may rely on a risk warning only if—
(a) the incapable person was under the control of or accompanied by another person (who is not an incapable person and not the defendant) and the risk was the subject of a risk warning to that other person, or
(b) the risk was the subject of a risk warning to a parent of the incapable person (whether or not the incapable person was under the control of or accompanied by the parent).
For the purposes of subsections (1) and (2), a risk warning to a person in relation to a recreational activity is a warning that is given in a manner that is reasonably likely to result in people being warned of the risk before engaging in the recreational activity. The defendant is not required to establish that the person received or understood the warning or was capable of receiving or understanding the warning.
A risk warning can be given orally or in writing (including by means of a sign or otherwise).
A risk warning need not be specific to the particular risk and can be a general warning of risks that include the particular risk concerned (so long as the risk warning warns of the general nature of the particular risk).
A defendant is not entitled to rely on a risk warning unless it is given by or on behalf of the defendant or by or on behalf of the occupier of the place where the recreational activity is engaged in.
A defendant is not entitled to rely on a risk warning if it is established (on the balance of probabilities) that the harm concerned resulted from a contravention of a provision of a written law of the State or Commonwealth that establishes specific practices or procedures for the protection of personal safety.
A defendant is not entitled to rely on a risk warning to a person to the extent that the warning was contradicted by any representation as to risk made by or on behalf of the defendant to the person.
A defendant is not entitled to rely on a risk warning if the plaintiff was required to engage in the recreational activity by the defendant.
The fact that a risk is the subject of a risk warning does not of itself mean—
(a) that the risk is not an obvious or inherent risk of an activity, or
(b) that a person who gives the risk warning owes a duty of care to a person who engages in an activity to take precautions to avoid the risk of harm from the activity.
This section does not limit or otherwise affect the effect of a risk warning in respect of a risk of an activity that is not a recreational activity.
In this section—
Despite any other written or unwritten law, a term of a contract for the supply of recreation services may exclude, restrict or modify any liability to which this Division applies that results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
Nothing in the written law of New South Wales renders such a term of a contract void or unenforceable or authorises any court to refuse to enforce the term, to declare the term void or to vary the term.
A term of a contract for the supply of recreation services that is to the effect that a person to whom recreation services are supplied under the contract engages in any recreational activity concerned at his or her own risk operates to exclude any liability to which this Division applies that results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.
In this section,
This section applies in respect of a contract for the supply of services entered into before or after the commencement of this section but does not apply in respect of a breach of warranty that occurred before that commencement.
This section does not apply if it is established (on the balance of probabilities) that the harm concerned resulted from a contravention of a provision of a written law of the State or Commonwealth that establishes specific practices or procedures for the protection of personal safety.
A person practising a profession (
However, peer professional opinion cannot be relied on for the purposes of this section if the court considers that the opinion is irrational.
The fact that there are differing peer professional opinions widely accepted in Australia concerning a matter does not prevent any one or more (or all) of those opinions being relied on for the purposes of this section.
Peer professional opinion does not have to be universally accepted to be considered widely accepted.
This Division does not apply to liability arising in connection with the giving of (or the failure to give) a warning, advice or other information in respect of the risk of death of or injury to a person associated with the provision by a professional of a professional service.
The extent of liability in tort of a person (
This section applies to an action in tort whether or not it is an action in negligence, despite anything to the contrary in section 5A.
The principles that are applicable in determining whether a person has been negligent also apply in determining whether the person who suffered harm has been contributorily negligent in failing to take precautions against the risk of that harm.
For that purpose—
(a) the standard of care required of the person who suffered harm is that of a reasonable person in the position of that person, and
(b) the matter is to be determined on the basis of what that person knew or ought to have known at the time.
In determining the extent of a reduction in damages by reason of contributory negligence, a court may determine a reduction of 100% if the court thinks it just and equitable to do so, with the result that the claim for damages is defeated.
In a claim for damages brought under the Compensation to Relatives Act 1897, the court is entitled to have regard to the contributory negligence of the deceased person.
Section 13 of the Law Reform (Miscellaneous Provisions) Act 1965 does not apply so as to prevent the reduction of damages by the contributory negligence of a deceased person in respect of a claim for damages brought under the Compensation to Relatives Act 1897.
(Repealed)
In this Part—
(a) a government sector agency within the meaning of the Government Sector Employment Act 2013,
(b) a service of the Crown in which persons excluded from the Government Sector Employment Act 2013 by section 5 of that Act are employed,
(c) a statutory body representing the Crown that is authorised by legislation to employ staff,
(d) a statutory body representing the Crown that at any time received funding from the State for a public purpose,
(e) a body (however described) that has been superseded by a body listed in paragraphs (a)–(d),
(f) a body (however described) of a kind referred to in paragraphs (a)–(d) that has been abolished.
Nothing in section 5Q or Part 2A or 5 protects a person from civil liability arising under this Part or places any restriction or limitation on an award of damages made pursuant to this Part.
A person is not prevented from seeking compensation under Divisions 2 and 3 in respect of the same child abuse but in such a case, an award of damages under either of those Divisions must take into account any award already made under the other Division.
An organisation and any successor of that organisation are, for the purposes of this Part, taken to be the same organisation.
In this Division—
(a) an organisation is
responsible for a child if it (including any part of it) exercises care, supervision or authority over the child (or purports to do so or is obliged by law to do so), and(b) if an organisation (including any part of it) delegates the exercise of care, supervision or authority over a child to another organisation (in whole or in part), each organisation is
responsible for the child.
In this Division, an
(a) if the organisation is a religious organisation—a religious leader (such as a priest or a minister) or member of the personnel of the organisation,
(b) if the organisation or part of the organisation is a designated agency within the meaning of the Children’s Guardian Act 2019—an individual authorised by the designated agency (under that Act) as an authorised carer,
(c) an individual, or an individual belonging to a class of individuals, prescribed by the regulations.
An individual is not associated with an organisation solely because the organisation wholly or partly funds or regulates another organisation.
An individual associated with an organisation to which the exercise of care, supervision or authority over a child has been delegated, in whole or in part, is also taken to be an individual associated with the organisation from which the exercise of care, supervision or authority was delegated.
This section imposes a duty of care that forms part of a cause of action in negligence.
An organisation that has responsibility for a child must take reasonable precautions to prevent an individual associated with the organisation from perpetrating child abuse of the child in connection with the organisation’s responsibility for the child.
In proceedings against an organisation involving a breach of the duty of care imposed by this section, the organisation is presumed to have breached its duty if the plaintiff establishes that an individual associated with the organisation perpetrated the child abuse in connection with the organisation’s responsibility for the child, unless the organisation establishes that it took reasonable precautions to prevent the child abuse.
In determining, for the purposes of this section, whether an organisation took reasonable precautions to prevent child abuse, a court may take into account any of the following—
(a) the nature of the organisation,
(b) the resources reasonably available to the organisation,
(c) the relationship between the organisation and the child,
(d) whether the organisation has delegated in whole or in part the exercise of care, supervision or authority over a child to another organisation,
(e) the role in the organisation of the individual who perpetrated the child abuse,
(f) the level of control the organisation had over the individual who perpetrated the child abuse,
(g) whether the organisation complied with any applicable standards (however described) in respect of child safety,
(h) any matter prescribed by the regulations,
(i) any other matter the court considers relevant.
In this section—
In this Division—
An individual is
However, an individual is not
(a) the activities are carried out for a recognisably independent business of the individual or of another person or organisation, or
(b) the activities carried on by the individual are the activities of an authorised carer carried on in the individual’s capacity as an authorised carer.
The regulations may, despite subsections (2) and (3), prescribe circumstances in which an individual will be akin to an employee or not akin to an employee.
In this section—
An organisation is vicariously liable for child abuse perpetrated against a child by an employee of the organisation if—
(a) the apparent performance by the employee of a role in which the organisation placed the employee supplies the occasion for the perpetration of the child abuse by the employee, and
(b) the employee takes advantage of that occasion to perpetrate the child abuse on the child.
In determining if the apparent performance by the employee of a role in which the organisation placed the employee supplied the occasion for the perpetration of child abuse on a child, a court is to take into account whether the organisation placed the employee in a position in which the employee has one or more of the following—
(a) authority, power or control over the child,
(b) the trust of the child,
(c) the ability to achieve intimacy with the child.
This section does not affect, and is in addition to, the common law as it applies with respect to vicarious liability.
In this section—
The objects of this Division are—
(a) to enable child abuse proceedings to be brought against unincorporated organisations, and
(b) to enable an organisation to pay liabilities arising from child abuse proceedings from the assets of an associated trust in certain circumstances.
In this Division—
(a) a member of any management committee of the organisation, or
(b) if the organisation does not have a management committee, a person who is concerned with, or takes part in, the management of the organisation, regardless of the person’s title or position.
Child abuse proceedings may be commenced or continue against an unincorporated organisation in the name of the organisation or in a name reasonably sufficient to identify the organisation as if the organisation had legal personality.
For the purposes of this Division, a function that may be exercised by an unincorporated organisation may be exercised by a management member of the organisation.
A court may make the orders and directions it sees fit for the purposes of this Division, in particular to further the objects of this Division.
Without limiting subsection (3), a court may direct one or more management members of an unincorporated organisation to exercise a specified function of the organisation under this Division.
An unincorporated organisation may, with the consent of an entity, appoint the entity as a proper defendant for the organisation at any time.
An appointment is to be made in accordance with the Uniform Civil Procedure Rules 2005.
However, if the unincorporated organisation is a public sector body, the State is taken to be appointed as the proper defendant.
For the purposes of this Division, an entity is suitable to be appointed as a proper defendant for an organisation if—
(a) the entity is able to be sued in this State, and
(b) the entity (or, if the entity is a trustee of a trust, the trust) has sufficient assets in this State to satisfy any judgment or order that may arise out of child abuse proceedings against the unincorporated organisation.
This section applies if—
(a) child abuse proceedings are commenced against an unincorporated organisation and no suitable proper defendant is appointed for the organisation by the end of 120 days after the unincorporated organisation (or a management member of the unincorporated organisation) is served with notice of the commencement of the proceedings, or
(b) after that time, the proper defendant appointed ceases to be a suitable proper defendant.
The court in which the child abuse proceedings are commenced may, on the application of the plaintiff, appoint the trustees of one or more of the following trusts if the trustees are suitable to be appointed as a proper defendant for the organisation—
(a) an associated trust of the organisation,
(b) a trust that was formerly an associated trust of the organisation if the court considers that the trust ceased to be an associated trust in an attempt to avoid trust property being applied to satisfy any liability that may be incurred in child abuse proceedings and it would be unjust not to appoint the trustees of the trust.
A trust is an
(a) the organisation has, either directly or indirectly, the power to control the application of the income, or the distribution of the property, of the trust,
(b) the organisation has the power to obtain the beneficial enjoyment of the property or income of the trust with or without the consent of another entity,
(c) the organisation has, either directly or indirectly, the power to appoint or remove the trustee or trustees of the trust,
(d) the organisation has, either directly or indirectly, the power to appoint or remove beneficiaries of the trust,
(e) the trustee of the trust is accustomed or under an obligation, whether formal or informal, to act according to the directions, instructions or wishes of the organisation,
(f) the organisation has, either directly or indirectly, the power to determine the outcome of any other decisions about the trust’s operations,
(g) a member of the organisation or a management member of the organisation has, under the trust deed applicable to the trust, a power of a kind referred to in paragraphs (a)–(f) but only if the trust has been established or used for the activities of the organisation or for the benefit of the organisation.
On the making of an application by a plaintiff under this section, the unincorporated organisation must, within 28 days after the application is made, identify to the court any associated trusts of the organisation, including by identifying the financial capacity of those trusts.
On the appointment of a proper defendant for an unincorporated organisation—
(a) the proper defendant is taken to be the defendant in the child abuse proceedings against the organisation on behalf of the organisation and is responsible for conducting the proceedings as the defendant, and
(b) anything done by the unincorporated organisation is taken to have been done by the proper defendant and a duty or obligation of the unincorporated organisation in relation to the proceedings is a duty or obligation owed by the proper defendant, and
(c) the unincorporated organisation must continue to participate in the child abuse proceedings and a court may make orders or directions in respect of the organisation as if the organisation had legal personality, and
(d) a court may make substantive findings in the child abuse proceedings against an unincorporated organisation as if the organisation had legal personality, and
(e) the proper defendant incurs any liability from the claim in the proceedings on behalf of the organisation that the organisation would have incurred if the organisation had legal personality (including any costs awarded), and
(f) the proper defendant may rely on any defence or immunity that would be available to the organisation as a defendant in the proceedings if the organisation had legal personality, and
(g) any right of the unincorporated organisation to be indemnified (including under a policy of insurance) in respect of damages awarded in a claim in child abuse proceedings extends to, and indemnifies, the proper defendant, and
(h) if more than one proper defendant is appointed, the proper defendants must file a single defence and proceed as a single defendant.
Despite any Act or other law or instrument (including any trust deed), the trustees of an associated trust of an unincorporated organisation may do one or more of the following—
(a) consent to be appointed by the organisation as a proper defendant,
(b) supply any information about the trust that may be required under this Division, including identifying the financial capacity of the trust,
(c) apply trust property to satisfy any liability incurred by the trustee as a proper defendant in child abuse proceedings.
Liability of a trustee of an associated trust incurred by the trustee as a proper defendant in child abuse proceedings is limited to the value of the trust property.
The satisfaction of any liability incurred by a trustee of an associated trust as a proper defendant in child abuse proceedings is a proper expense for which the trustee may be indemnified out of the trust property, irrespective of any limitation on any right of indemnity a trustee may have.
A trustee of an associated trust is not liable for a breach of trust only because of doing anything authorised by this section.
The provisions of this section are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of the Corporations legislation generally.
Section 5G of the Corporations Act 2001 of the Commonwealth enables a State to displace the operation of the provisions of the Corporations legislation of the Commonwealth in favour of provisions of State laws that are declared under State law to be Corporations legislation displacement provisions for the purposes of that section. See, in particular, section 5G(4) and (11) of the Corporations Act 2001 of the Commonwealth in relation to the displacement effected by this section.
In this section—
The Uniform Rules Committee under the Civil Procedure Act 2005 may make rules, not inconsistent with this Part, for or with respect to any matter that by this Part is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Part.
In particular, the rules may make provision for or with respect to the following matters—
(a) the practice and procedure to be followed in respect of proceedings under this Part and any matters incidental to or relating to that practice and procedure,
(b) the protection of the privacy of plaintiffs,
(c) the duties of registrars and other officers of a court in relation to or for the purpose of the operation of this Part,
(d) the forms to be used in connection with the operation of this Part.
Rules made by the Uniform Rules Committee for the purposes of this Part are to form part of the rules made by that Committee under the Civil Procedure Act 2005.
In this Part—
The object of this Part is to provide a way for a person to seek to have an agreement set aside if—
(a) the agreement settled a claim for child abuse perpetrated against the person, and
(b) at the time of the agreement, there were certain legal barriers to the person being fully compensated through a legal cause of action.
In this Part, an
(a) before the commencement of that section, and at the time of the agreement, a limitation period applying to the cause of action had expired, or
(b) before the commencement of Part 1B of this Act, and at the time of the agreement, an organisation, that would have been liable under Part 1B for child abuse had the Part been in force, was not incorporated, or
(c) before the commencement of Part 1B of this Act, and the agreement is not just and reasonable in the circumstances.
For the purposes of this section, a limitation period is taken to have expired even if it were possible at the time to seek the leave of a court to extend the period.
A person (the
(a) commence proceedings on the cause of action in a court with sufficient jurisdiction to hear the cause of action, and
(b) apply to the court to set aside the affected agreement.
The court may set aside an affected agreement if it is just and reasonable to do so.
The court may consider the following in making its decision to set aside the affected agreement—
(a) the amount paid to the applicant under the agreement,
(b) the bargaining position of the parties to the agreement,
(c) the conduct in relation to the agreement of—
(i) the parties other than the applicant, or
(ii) the legal representatives of the parties other than the applicant,
(d) any other matter the court considers relevant.
Section 131(1) of the Evidence Act 1995 does not prevent evidence being adduced in proceedings under this section, even if the evidence is of a communication made, or a document prepared, in connection with an attempt to negotiate a settlement of the dispute to which the affected agreement relates.
If the court decides to set aside an affected agreement under this Part, it may also set aside any of the following that gives effect to the agreement—
(a) a contract, deed or other agreement,
(b) an order or judgment of the court or of a lower court.
However, the court must not set aside the following—
(a) a deed of release signed by or on behalf of the applicant in acceptance of an offer under the National Redress Scheme and an agreement relating to a relevant prior payment that has been taken into account in the offer,
(b) an agreement to the extent to which—
(i) it settled a cross-claim between 2 or more defendants, or
(ii) 1 defendant indemnified another,
(c) a contract of insurance.
In this section—
A court may set aside an affected agreement or anything else under this Part only to the extent that it relates to the applicant.
An affected agreement and anything else set aside under this Part is void but only to the extent that it relates to the applicant.
An amount paid, including legal costs or disbursements, or other consideration given under the affected agreement—
(a) is not recoverable despite the agreement being void, and
(b) may be taken into account by a court in determining damages in proceedings for a cause of action to which the affected agreement relates.
(Repealed)
In this Part—
(a) pre-natal injury,
(b) impairment of a person’s physical or mental condition,
(c) disease.
This Part applies to and in respect of an award of personal injury damages, except an award that is excluded from the operation of this Part by section 3B.
This Part applies regardless of whether the claim for the damages is brought in tort, in contract, under statute or otherwise.
A court cannot award damages, or interest on damages, contrary to this Part.
In the case of an award of damages to which Part 2A (Special provisions for offenders in custody) applies, this Part applies subject to Part 2A.
This section applies to an award of damages—
(a) for past economic loss due to loss of earnings or the deprivation or impairment of earning capacity, or
(b) for future economic loss due to the deprivation or impairment of earning capacity, or
(c) for the loss of expectation of financial support.
In the case of any such award, the court is to disregard the amount (if any) by which the claimant’s gross weekly earnings would (but for the injury or death) have exceeded an amount that is 3 times the amount of average weekly earnings at the date of the award.
For the purposes of this section, the amount of average weekly earnings at the date of an award is—
(a) the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in New South Wales for the most recent quarter occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and that is, at that date, available to the court making the award, or
(b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed.
A court cannot make an award of damages for future economic loss unless the claimant first satisfies the court that the assumptions about future earning capacity or other events on which the award is to be based accord with the claimant’s most likely future circumstances but for the injury.
When a court determines the amount of any such award of damages for future economic loss it is required to adjust the amount of damages for future economic loss that would have been sustained on those assumptions by reference to the percentage possibility that the events might have occurred but for the injury.
If the court makes an award for future economic loss, it is required to state the assumptions on which the award was based and the relevant percentage by which damages were adjusted.
If an award of damages is to include any component, assessed as a lump sum, for future economic loss of any kind, the present value of that future economic loss is to be determined by adopting the prescribed discount rate.
The
(a) a discount rate of the percentage prescribed by the regulations, or
(b) if no percentage is so prescribed—a discount rate of 5%.
Except as provided by this section, nothing in this section affects any other law relating to the discounting of sums awarded as damages.
In this section—
(a) services of a domestic nature,
(b) services relating to nursing,
(c) services that aim to alleviate the consequences of an injury.
(a) that have been or are to be provided by another person to a claimant, and
(b) for which the claimant has not paid or is not liable to pay.
No damages may be awarded to a claimant for gratuitous attendant care services unless the court is satisfied that—
(a) there is (or was) a reasonable need for the services to be provided, and
(b) the need has arisen (or arose) solely because of the injury to which the damages relate, and
(c) the services would not be (or would not have been) provided to the claimant but for the injury.
Further, no damages may be awarded to a claimant for gratuitous attendant care services unless the services are provided (or to be provided)—
(a) for at least 6 hours per week, and
(b) for a period of at least 6 consecutive months.
If the services are provided or are to be provided for not less than 40 hours per week, the amount of damages that may be awarded for gratuitous attendant care services must not exceed—
(a) the amount per week comprising the amount estimated by the Australian Statistician as the average weekly total earnings of all employees in New South Wales for—
(i) in respect of the whole or any part of a quarter occurring between the date of the injury in relation to which the award is made and the date of the award, being a quarter for which such an amount has been estimated by the Australian Statistician and is, at the date of the award, available to the court making the award—that quarter, or
(ii) in respect of the whole or any part of any other quarter—the most recent quarter occurring before the date of the award for which such an amount has been estimated by the Australian Statistician and is, at that date, available to the court making the award, or
(b) if the Australian Statistician fails or ceases to estimate the amount referred to in paragraph (a), the prescribed amount or the amount determined in such manner or by reference to such matters, or both, as may be prescribed.
If the services are provided or are to be provided for less than 40 hours per week, the amount of those damages must not exceed the amount calculated at an hourly rate of one-fortieth of the amount determined in accordance with subsection (4)(a) or (b), as the case requires.
Except as provided by this section, nothing in this section affects any other law relating to the value of attendant care services.
By reason of the operation of section 3B(1)(b), this section does not apply to the determination of 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.
Section 15A makes provision with respect to the determination of damages for gratuitous attendant care services in proceedings of the kind referred to in section 11 of the Dust Diseases Tribunal Act 1989.
This section applies to the determination of civil liability for damages for gratuitous attendant care services 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 amount of damages that may be awarded for gratuitous attendant care services in proceedings referred to in subsection (1) must not exceed the amount calculated at the same hourly rate as that provided by section 15(5) regardless of the number of hours involved.
Except as provided by this section, nothing in this section affects any other law relating to the value of attendant care services.
In this section,
In this section—
(a) any respite care (being care that includes accommodation that is provided by a person other than the claimant to a dependant who is aged or frail, or who suffers from a physical or mental disability, with the primary purpose of giving the dependant or claimant, or both, a break from their usual care arrangements),
(b) if the dependant is a minor (but without limiting paragraph (a))—any care that is provided to the dependant by a person other than the claimant where—
(i) the person is a parent of the dependant (whether derived through paragraph (a)(i) or (ii) of the definition of
dependants in this subsection, adoption or otherwise), and(ii) the care includes the provision of accommodation to the dependant.
(a) such of the following persons as are wholly or partly dependent on the claimant at the time that the liability in respect of which the claim is made arises—
(i) the person to whom the claimant is legally married (including a husband or wife of the claimant),
(ii) a de facto partner of the claimant,
Note— “De facto partner” is defined in section 21C of the Interpretation Act 1987.
(iii) a child, grandchild, sibling, uncle, aunt, niece, nephew, parent or grandparent of the claimant (whether derived through subparagraph (i) or (ii), adoption or otherwise),
(iv) any other person who is a member of the claimant’s household, and
(b) any unborn child of the claimant (whether derived through paragraph (a)(i) or (ii), adoption or otherwise) at the time that the liability in respect of which the claim is made arises and who is born after that time.
Damages may be awarded to a claimant for any loss of the claimant’s capacity to provide gratuitous domestic services to the claimant’s dependants, but only if the court is satisfied that—
(a) in the case of any dependants of the claimant of the kind referred to in paragraph (a) of the definition of
dependants in subsection (1)—the claimant provided the services to those dependants before the time that the liability in respect of which the claim is made arose, and(b) the claimant’s dependants were not (or will not be) capable of performing the services themselves by reason of their age or physical or mental incapacity, and
(c) there is a reasonable expectation that, but for the injury to which the damages relate, the claimant would have provided the services to the claimant’s dependants—
(i) for at least 6 hours per week, and
(ii) for a period of at least 6 consecutive months, and
(d) there will be a need for the services to be provided for those hours per week and that consecutive period of time and that need is reasonable in all the circumstances.
Section 18 provides that a court cannot order the payment of interest on damages awarded for any loss of capacity of a claimant to provide gratuitous domestic services to the claimant’s dependants.
If a dependant of the claimant received (or will receive) assisted care during the 6-month period referred to in subsection (2)(c)(ii) and the court is satisfied that the periods of that care were (or will be) short-term and occasional, the court may—
(a) in determining whether the claimant would have provided gratuitous domestic services to the dependant during a particular week for at least the 6 hours referred to in subsection (2)(c)(i), disregard the week if assisted care was (or will be) provided during that week, and
(b) in determining whether the claimant would have provided gratuitous domestic services to the dependant during the 6-month period referred to in subsection (2)(c)(ii), disregard any periods during which the assisted care was (or will be) provided in that 6-month period,
but only if the total number of weeks in which the care was (or will be) provided during the 6-month period does not exceed 4 weeks in total.
The amount of damages that may be awarded for any loss of the claimant’s capacity to provide gratuitous domestic services must not exceed the amount calculated at the same hourly rate as that provided by section 15(5) regardless of the number of hours involved.
In determining the amount of damages (if any) to be awarded to a claimant for any loss of the claimant’s capacity to provide gratuitous domestic services to the claimant’s dependants, a court—
(a) may only award damages for that loss in accordance with the provisions of this section, and
(b) must not include in any damages awarded to the claimant for non-economic loss a component that compensates the claimant for the loss of that capacity.
The claimant (or the legal personal representative of a deceased claimant) may not be awarded damages for any loss of the claimant’s capacity to provide gratuitous domestic services to any dependant of the claimant if the dependant has previously recovered damages in respect of that loss of capacity.
A person (including a dependant of a claimant) may not be awarded damages for a loss sustained by the person by reason of the claimant’s loss of capacity to provide gratuitous domestic services if the claimant (or the legal personal representative of a deceased claimant) has previously recovered damages in respect of that loss of capacity.
If a claimant is a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006, damages may not be awarded to the claimant under this section in respect of any loss of the claimant’s capacity to provide gratuitous domestic services to the claimant’s dependants while the claimant is a participant in the Scheme if (and to the extent that)—
(a) the loss resulted from the motor accident injury (within the meaning of that Act) in respect of which the claimant is a participant in that Scheme, and
(b) the treatment and care needs (within the meaning of that Act) of the claimant that are provided for or are to be provided under the Scheme include the provision of such domestic services to the claimant’s dependants.
Damages may not be awarded to a claimant under this section in respect of any loss of the claimant’s capacity to provide gratuitous domestic services to the claimant’s dependants if (and to the extent that)—
(a) the loss resulted from an injury caused by a motor accident (within the meaning of the Motor Accidents Compensation Act 1999), and
(b) an insurer has made, or is liable to make, payments to or on behalf of the claimant for such services under section 83 (Duty of insurer to make hospital, medical and other payments) of that Act.
Damages may not be awarded to a claimant under this section in respect of any loss of the claimant’s capacity to provide gratuitous domestic services to the claimant’s dependants if (and to the extent that)—
(a) the claimant could recover damages for gratuitous attendant care services (within the meaning of section 15) in respect of the same injury that caused the loss, and
(b) the provision of such attendant care services to the claimant also resulted (or would also result) in the claimant’s dependants being provided with the domestic services that the claimant has lost the capacity to provide.
In determining the value of any gratuitous domestic services that a claimant has lost the capacity to provide, the court must take into account—
(a) the extent of the claimant’s capacity to provide the services before the claimant sustained the injury that is the subject of the claim, and
(b) the extent to which provision of the services would, but for the injury sustained by the claimant, have also benefited persons in respect of whom damages could not be awarded under subsection (2), and
(c) the vicissitudes or contingencies of life for which allowance is ordinarily made in the assessment of damages.
The maximum amount of damages that may be awarded for economic loss due to the loss of employer superannuation contributions is the relevant percentage of damages payable (in accordance with this Part) for the deprivation or impairment of the earning capacity on which the entitlement to those contributions is based.
The relevant percentage is the percentage of earnings that is the minimum percentage required by law to be paid as employer superannuation contributions.
No damages may be awarded for non-economic loss unless the severity of the non-economic loss is at least 15% of a most extreme case.
The maximum amount of damages that may be awarded for non-economic loss is $350,000, but the maximum amount is to be awarded only in a most extreme case.
If the severity of the non-economic loss is equal to or greater than 15% of a most extreme case, the damages for non-economic loss are to be determined in accordance with the following Table—
Table
Severity of the non-economic loss (as a proportion of a most extreme case) | Damages for non-economic loss (as a proportion of the maximum amount that may be awarded for non-economic loss) |
15% | 1% |
16% | 1.5% |
17% | 2% |
18% | 2.5% |
19% | 3% |
20% | 3.5% |
21% | 4% |
22% | 4.5% |
23% | 5% |
24% | 5.5% |
25% | 6.5% |
26% | 8% |
27% | 10% |
28% | 14% |
29% | 18% |
30% | 23% |
31% | 26% |
32% | 30% |
33% | 33% |
34%–100% | 34%–100% respectively |
An amount determined in accordance with subsection (3) is to be rounded to the nearest $500 (with the amounts of $250 and $750 being rounded up).
The following are the steps required in the assessment of non-economic loss in accordance with this section—
• Step 1: Determine the severity of the claimant’s non-economic loss as a proportion of a most extreme case. The proportion should be expressed as a percentage.
• Step 2: Confirm the maximum amount that may be awarded under this section for non-economic loss in a most extreme case. This amount is indexed each year under section 17.
• Step 3: Use the Table to determine the percentage of the maximum amount payable in respect of the claim. The amount payable under this section for non-economic loss is then determined by multiplying the maximum amount that may be awarded in a most extreme case by the percentage set out in the Table.
Where the proportion of a most extreme case is greater than 33%, the amount payable will be the same proportion of the maximum amount.
The Minister is, on or before 1 October 2002 and on or before 1 October in each succeeding year, to declare, by order published on the NSW legislation website, the amount that is to apply, as from the date specified in the order, for the purposes of section 16(2).
The amount declared is to be the amount applicable under section 16(2) (or that amount as last adjusted under this section) adjusted by the percentage change in the amount estimated by the Australian Statistician of the average weekly total earnings of full-time adults in New South Wales over the 4 quarters preceding the date of the declaration for which those estimates are, at that date, available.
An amount declared for the time being under this section applies to the exclusion of the amount under section 16(2).
If the Australian Statistician fails or ceases to estimate the amount referred to in subsection (2), the amount declared is to be determined in accordance with the regulations.
In adjusting an amount to be declared for the purposes of section 16(2), the amount determined in accordance with subsection (2) is to be rounded to the nearest $500 (with the amounts of $250 and $750 being rounded up).
A declaration made or published on the NSW legislation website after 1 October in a year and specifying a date that is before the date it is made or published as the date from which the amount declared by the order is to apply has effect as from that specified date.
In determining damages for non-economic loss, a court may refer to earlier decisions of that or other courts for the purpose of establishing the appropriate award in the proceedings.
For that purpose, the parties to the proceedings or their Australian legal practitioner may bring the court’s attention to awards of damages for non-economic loss in those earlier decisions.
This section does not alter the rules for the determination of other damages.
A court cannot order the payment of interest on damages awarded for any of the following—
(a) non-economic loss,
(b) gratuitous attendant care services as defined in section 15 (other than gratuitous attendant care services to which section 15A applies),
(c) loss of a claimant’s capacity to provide gratuitous domestic services to the claimant’s dependants (as provided by section 15B).
If a court is satisfied that interest is payable on damages (other than damages in respect of which a court cannot order the payment of interest under subsection (1)), the amount of interest is to be calculated—
(a) for the period from when the loss to which the damages relate was first incurred until the date on which the court determines the damages, and
(b) in accordance with the principles ordinarily applied by the court for that purpose, subject to subsection (3).
The rate of interest to be used in any such calculation is—
(a) such interest rate as may be determined by the regulations, or
(b) if no such rate is determined by the regulations—the relevant interest rate as at the date of determination of the damages.
For the purposes of subsection (3), the
(a) on the first business day of January of each year (in which case the rate is to apply as the relevant interest rate for the period from 1 March until 31 August of that year), or
(b) on the first business day of July of each year (in which case the rate is to apply as the relevant interest rate for the period from 1 September of that year until the last day of February of the following year).
Nothing in this section affects the payment of interest on a debt under a judgment or order of a court.
This section applies when a person (
A court determining the amount of the contribution (
(a) determine the defendant’s contribution as a percentage, being such percentage as the court thinks just and equitable (having regard to the extent of the responsibility of the defendant and the third party, respectively, for the claimant’s damages), and
(b) determine the amount of damages to which the claimant is, or would be, entitled in accordance with this Part (as if the award of damages against the third party were not excluded from the operation of this Part), and
(c) fix the amount of the defendant’s contribution by applying the percentage determined under paragraph (a) to the amount of damages determined under paragraph (b).
The amount of damages that may be recovered by the claimant from the third party is to be reduced by the difference between—
(a) the amount of the contribution to which the third party would have been entitled (but for this section) from the defendant, and
(b) the amount of the defendant’s contribution calculated under subsection (2).
Subsection (3) does not limit any greater reduction (applicable under any other law, including any other Part of this Act) in the amount of damages that may be recovered by the claimant from the third party.
(Repealed)
In an action for the award of personal injury damages where the act or omission that caused the injury or death was negligence, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages.
For the purposes of this Division, a
The purpose of this section is to enable the court to give the parties to proceedings a reasonable opportunity to negotiate a structured settlement.
A court that decides to make an award of personal injury damages in respect of future loss (not including interest) exceeding $100,000 must first notify all the parties to the proceedings of the terms of the award it proposes to make.
In addition, if the court considers that the person may be a person in need of protection, the court is to notify the NSW Trustee and Guardian of the terms of the award it proposes to make.
The notification must set out the amount of each component part of the proposed award in accordance with the requirements of the regulations and rules of court.
In this section—
A court may, on the application of the parties to a claim for personal injury damages, make an order approving of or in the terms of a structured settlement even though the payment of damages is not in the form of a lump sum award of damages.
An Australian legal practitioner must advise, in writing, a plaintiff who proposes to negotiate a settlement of a claim for personal injury damages about the following—
(a) the availability of structured settlements,
(b) the desirability of the plaintiff obtaining independent financial advice about structured settlements and lump sum settlements of the claim.
Clause 5 of Schedule 1 to the Legal Profession Uniform Law Application Act 2014 extends to an offer of compromise by way of a structured settlement on a claim for personal injury damages.
In that case, the court is to have regard to the cost to the defendant of the proposed structured settlement as compared to the lump sum payment of damages when determining whether a reasonable offer of compromise has been made.
In this Part—
(a) impairment of a person’s physical or mental condition,
(b) disease.
(a) an inmate within the meaning of the CAS Act, namely a person to whom Part 2 (Imprisonment by way of full-time detention) of that Act applies,
(b) an offender within the meaning of Part 3 (Imprisonment by way of intensive correction in the community) of the CAS Act,
(c) (Repealed)
(d) a detainee under the Children (Detention Centres) Act 1987,
(e) a person performing community service work under, or attending a place in compliance with the requirements of, an intensive correction order, a community correction order, or a children’s community service order as provided by the CAS Act or the Children (Community Service Orders) Act 1987, whether or not the person is an offender in custody under any other paragraph of this definition,
(f) a person in custody who is in the keeping of a correctional officer, as provided by Part 13 (Custody of persons during proceedings) of the CAS Act.
(a) the Crown (within the meaning of the Crown Proceedings Act 1988) and its servants,
(b) a Government department and members of staff of a Government department,
(c) a public health organisation (within the meaning of the Health Services Act 1997) and members of staff of a public health organisation,
(d) any person having public official functions or acting in a public official capacity (whether or not employed as a public official), but only in relation to the exercise of the person’s public official functions,
(e) a management company or submanagement company (within the meaning of the CAS Act) and members of staff of such a company.
(Repealed)
This Part applies to and in respect of an award of personal injury damages against a protected defendant in respect of—
(a) an injury to a person received while the person was an offender in custody, or
(b) the death of a person resulting from or caused by an injury to the person received while the person was an offender in custody,
(e) a person performing community service work under, or attending a place in compliance with the requirements of, a community service order as provided by the Community Service Orders Act 1979, whether or not the person is an offender in custody under any other paragraph of this definition.
This clause extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of this clause.
This clause does not affect any final determination of legal proceedings made by a court or tribunal before the commencement of this clause.
Despite subclause (3), this clause does apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of this clause (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). This clause does not apply for that purpose if the award has been wholly or partly satisfied (before or after the commencement of this clause) by payment to or at the direction of the person to whom the damages were awarded.
In this Part,
The amendments made by the 2007 amending Act to section 26A (
The 26A amendments do not affect any final determination of legal proceedings made by a court or tribunal before the commencement of those amendments.
Despite subclause (2), the 26A amendments do apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of those amendments (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). The 26A amendments do not apply for that purpose if the award has been wholly or partly satisfied (before or after commencement of the amendments) by payment to or at the direction of the person to whom the damages were awarded.
Clause 1A of this Schedule does not affect any decision of a court made before the commencement of that clause (as inserted by the 2007 amending Act).
The amendment made by the 2007 amending Act to section 26D extends to a dispute in connection with civil liability arising before the commencement of that amendment (whether or not proceedings had been commenced before that commencement), but does not extend to a dispute referred for assessment pursuant to that section before that commencement.
In this Part—
An amendment made to section 15 by the 2008 amending Act extends to civil liability arising, and to proceedings commenced, before the commencement of the amendment but does not apply to any proceedings determined before that commencement.
The amendments made by the 2008 amending Act to sections 16 and 17 are taken to have had effect on and from the commencement of those sections.
The amendment made by the 2008 amending Act to section 26B extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of the amendment, but not so as to affect any final determination of legal proceedings made by a court or tribunal before the commencement of the amendment.
Division 1A of Part 2A does not apply in relation to an award of damages if the incident giving rise to the claim occurred before the commencement of that Division.
The amendment made by the 2008 amending Act to section 3B extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of the amendment, but not so as to affect any final determination of legal proceedings made by a court or tribunal before the commencement of the amendment.
The amendment made by the 2008 amending Act to section 26M extends to an eligibility period under that section that had commenced to run, but that had not expired, before the commencement of the amendment.
An amendment made by the 2008 amending Act to section 26N extends to a victim claim that arose before the commencement of the amendment.
An amendment made by the 2008 amending Act to section 26L, 26Q, 26R or 26S extends to a victim claim that arose before the commencement of the amendment.
Offender damages held on trust by a protected defendant under section 26L immediately before the commencement of the amendments to that section by the 2008 amending Act are, on and from that commencement, taken to be held on trust under that section by the Public Trustee.
Section 26X (as inserted by the Courts Legislation Amendment Act 2010) extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of the section, but not so as to affect any final determination of legal proceedings made by a court or tribunal before the commencement of the section.
The amendment of section 34 by the Home Building Amendment Act 2011 extends to civil liability arising before the commencement of the amendment but not so as to affect proceedings commenced before the commencement of the amendment (whether or not the proceedings were finally determined before the commencement of the amendment).
In this Part—
Section 6F, as inserted by the amending Act, applies only in respect of child abuse perpetrated after the commencement of that section.
Section 6H, as inserted by the amending Act, applies only in respect of child abuse perpetrated after the commencement of that section.
Division 4 of Part 1B of this Act extends to child abuse proceedings in respect of abuse perpetrated before the commencement of that Division.
A reference to a person described in paragraph (c) of the definition of
Before its substitution by the amending Act, paragraph (c) of that definition referred to an offender within the meaning of Part 4 (Imprisonment by way of home detention) of the Crimes (Administration of Sentences) Act 1999.
A reference to a community correction order in paragraph (e) of that definition includes a reference to a community service order under the Crimes (Sentencing Procedure) Act 1999 as in force before the amendment of that Act by the amending Act. The community service order is taken to be a community correction order (see Part 29 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999).
This clause is taken to have commenced on 24 September 2018.
In this clause,
A reference in this Act to a mental health impairment or a cognitive impairment is taken to include, for anything occurring before the commencement of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, a reference to a mental illness.
This clause applies to a cause of action against a protected defendant for child abuse of a person who at the time of the child abuse was an offender in custody.
The person may commence proceedings on the cause of action in a court with sufficient jurisdiction to hear the cause of action despite any earlier judgement or settlement given or made before the commencement of section 26B(2A).
The action may be brought as if the earlier judgment or settlement, including related proceedings, had not occurred.
The court hearing the action may, if it decides that it is just and reasonable to do so, do any or all of the following—
(a) set aside the earlier judgment or settlement,
(b) take into account any amounts paid or payable by way of damages under an earlier judgment or settlement,
(c) take into account any amounts paid or payable by way of costs in the related proceedings.
The Supreme Court may, on application, exercise the power to set aside a judgment under subclause (4)(a) even though it is not hearing the action.
A court, other than the Supreme Court, may not, under this clause, set aside a judgment of any other court.
In this section—
A person is not liable for damages in tort on the ground that the negligence, or other act or omission, of the person caused loss or impairment of the consortium of a husband and wife.
Subclause (1) re-enacts section 3(1) of the Law Reform (Marital Consortium) Act 1984 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
The tort of maintenance (including champerty) is abolished.
This clause and clauses 5 and 6 of Schedule 3 to the Crimes Act 1900 do not affect any rule of law as to the cases in which a contract is to be treated as contrary to public policy or as otherwise illegal, whether the contract was made before or after the commencement of the Maintenance, Champerty and Barratry Abolition Act 1993.
This clause re-enacts (with minor modification) sections 4 and 6 of the Maintenance, Champerty and Barratry Abolition Act 1993 and is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
The crime of maintenance (including champerty) is also abolished. See Schedule 3 to the Crimes Act 1900.
Civil Liability Act 2002 No 22. Second reading speech made: Legislative Assembly, 28.5.2002; Legislative Council, 4.6.2002. Assented to 18.6.2002. Date of commencement, 20.3.2002, sec 2. This Act has been amended as follows—
No 92 | Civil Liability Amendment (Personal Responsibility) Act 2002. Assented to 28.11.2002. Date of commencement of Sch 1 (except Sch 1 [1] to the extent that it inserts sec 5N, Sch 1 [4] and Sch 1 [5] to the extent that it inserts Part 4) and Sch 2, 6.12.2002, sec 2 and GG No 249 of 6.12.2002, p 10529; date of commencement of Sch 1 [1] to the extent that it inserts sec 5N and Sch 1 [4], 10.1.2003, sec 2 and GG No 13 of 10.1.2003, p 95; date of commencement of Sch 1 [5] to the extent that it inserts Part 4, 1.12.2004, sec 2 and GG No 187 of 26.11.2004, p 8550. | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.4, assent, sec 2 (2). | |
No 94 | Civil Liability Amendment Act 2003. Assented to 10.12.2003. Date of commencement of Schs 1 and 3, 19.12.2003, sec 2 and GG No 197 of 19.12.2003, p 11258; date of commencement of Sch 2, 1.12.2004, sec 2 and GG No 187 of 26.11.2004, p 8549. | |
No 29 | Civil Liability Amendment (Offender Damages) Act 2004. Assented to 13.5.2004. Date of commencement, 19.11.2004, sec 2 and GG No 183 of 19.11.2004, p 8503. | |
No 9 | Civil Liability Amendment (Offender Damages) Act 2005. Assented to 14.4.2005. Date of commencement, assent, sec 2. | |
No 16 | Civil Liability Amendment (Food Donations) Act 2005. Assented to 18.5.2005. Date of commencement, 1.7.2005, sec 2 and GG No 77 of 24.6.2005, p 2951. | |
No 73 | Confiscation of Proceeds of Crime Amendment Act 2005. Assented to 21.10.2005. Date of commencement of Sch 2, 28.10.2005, sec 2 and GG No 132 of 28.10.2005, p 8934. | |
No 76 | Civil Liability Amendment (Offender Damages Trust Fund) Act 2005. Assented to 26.10.2005. Date of commencement, assent, sec 2. | |
No 77 | Defamation Act 2005. Assented to 26.10.2005. Date of commencement, 1.1.2006, sec 2. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 55 | Civil Liability Amendment Act 2006. Assented to 20.6.2006. Date of commencement, assent, sec 2. | |
No 107 | Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.5, assent, sec 2 (2). | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 8 | Mental Health Act 2007. Assented to 15.6.2007. Date of commencement, 16.11.2007, sec 2 and GG No 169 of 16.11.2007, p 8465. | |
No 84 | Civil Liability Amendment (Offender Damages) Act 2007. Assented to 7.12.2007. Date of commencement, assent, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 84 | Civil Liability Legislation Amendment Act 2008. Assented to 5.11.2008. Date of commencement, 12.11.2008, sec 2 and GG No 145 of 12.11.2008, p 10921. | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 48 | Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 5, 1.10.2010, sec 2 and 2010 (532) LW 17.9.2010. | |
No 63 | Courts Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.6, assent, sec 2 (2). | |
No 107 | Fair Trading Amendment (Australian Consumer Law) Act 2010. Assented to 29.11.2010. Date of commencement, 1.1.2011, sec 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 3, 8.7.2011, sec 2 (2). | |
No 52 | Home Building Amendment Act 2011. Assented to 25.10.2011. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 4, 6.1.2012, sec 2 (1). | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 2.7, 6.7.2012, sec 2 (1). | |
No 53 | Workers Compensation Legislation Amendment Act 2012. Assented to 27.6.2012. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 37 | Victims Rights and Support Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 10 | Motor Accident Injuries Act 2017. Assented to 4.4.2017. Date of commencement of Sch 5, 1.12.2017, sec 1.2 and 2017 (638) LW 22.11.2017. | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. The amendment made by Sch 4.8 [3] was without effect. Amended by Statute Law (Miscellaneous Provisions) Act 2018 No 25. Assented to 15.6.2018. Date of commencement, 29.6.2018, sec 2 (1). | |
No 28 | Miscellaneous Acts Amendment (Marriages) Act 2018. Assented to 15.6.2018. Date of commencement, assent, sec 2. | |
No 56 | Civil Liability Amendment (Organisational Child Abuse Liability) Act 2018. Assented to 26.10.2018. Date of commencement of Sch 1 (except Sch 1 [4] to the extent that it inserts Div 4 of Part 1B), assent, sec 2 (1); date of commencement of Sch 1 [4] to the extent that it inserts Div 4 of Part 1B, 1.1.2019, sec 2 (2) and 2018 (736) LW 14.12.2018. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.7, assent, sec 2 (1). | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.11, 1.3.2020, sec 2(1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. Amended by Stronger Communities Legislation Amendment (Crimes) Act 2020 No 26. Assented to 28.9.2020. Date of commencement, assent, sec 2. | |
No 28 | Civil Liability Amendment (Child Abuse) Act 2021. Assented to 18.11.2021. Date of commencement, assent, sec 2. | |
No 25 | Motor Accidents and Workers Compensation Legislation Amendment Act 2022. Assented to 16.6.2022. Date of commencement of Sch 4, assent, sec 2(1). |
Sec 3 | Am 2002 No 92, Sch 2 [1] [2]; 2020 No 12, Sch 3.4A[1] (am 2020 No 26, Sch 1.12[1]); 2021 No 28, Sch 1[1]. |
Sec 3A | Ins 2002 No 92, Sch 2 [3]. |
Sec 3B | Ins 2002 No 92, Sch 2 [3]. Am 2006 No 55, Sch 1 [1]–[6]; 2006 No 107, Sch 1.5 [1]; 2008 No 84, Sch 1 [1]; 2013 No 37, Sch 3.3 [1] [2]; 2017 No 10, Sch 5.1 [1] [2]; 2018 No 56, Sch 1 [1]–[3]. |
Sec 3C | Ins 2003 No 94, Sch 3 [1]. |
Sec 4 | Subst 2002 No 92, Sch 2 [4]. |
Part 1A, heading | Ins 2002 No 92, Sch 1 [1]. |
Part 1A, Div 1, heading | Ins 2002 No 92, Sch 1 [1]. |
Sec 5 | Rep 2002 No 92, Sch 2 [4]. Ins 2002 No 92, Sch 1 [1]. |
Sec 5A | Ins 2002 No 92, Sch 1 [1]. |
Part 1A, Div 2 (secs 5B, 5C) | Ins 2002 No 92, Sch 1 [1]. |
Part 1A, Div 3 | Ins 2002 No 92, Sch 1 [1]. |
Sec 5D | Ins 2002 No 92, Sch 1 [1]. Am 2003 No 40, Sch 2.4. |
Sec 5E | Ins 2002 No 92, Sch 1 [1]. Am 2012 No 42, Sch 2.7. |
Part 1A, Div 4 | Ins 2002 No 92, Sch 1 [1]. |
Sec 5F | Ins 2002 No 92, Sch 1 [1]. |
Sec 5G | Ins 2002 No 92, Sch 1 [1]. Am 2012 No 42, Sch 2.7. |
Secs 5H, 5I | Ins 2002 No 92, Sch 1 [1]. |
Part 1A, Divs 5–8 (secs 5J–5T) | Ins 2002 No 92, Sch 1 [1]. |
Secs 6–8 | Rep 2002 No 92, Sch 2 [4]. |
Part 1B, Divs 1–5 (secs 6A–6Q) | Ins 2018 No 56, Sch 1 [4]. |
Part 1B, Div 1 (secs 6A–6C) | Ins 2018 No 56, Sch 1 [4]. |
Part 1B, Div 2 | Ins 2018 No 56, Sch 1 [4]. |
Sec 6D | Ins 2018 No 56, Sch 1 [4]. |
Sec 6E | Ins 2018 No 56, Sch 1 [4]. Am 2019 No 25, Sch 5.11. |
Sec 6F | Ins 2018 No 56, Sch 1 [4]. |
Part 1B, Divs 3–5 (secs 6G–6Q) | Ins 2018 No 56, Sch 1 [4]. |
Part 1C (secs 7A–7F) | Ins 2021 No 28, Sch 1[2]. |
Secs 9, 10 | Rep 2002 No 92, Sch 2 [5]. |
Sec 11 | Subst 2002 No 92, Sch 2 [5]. |
Sec 11A | Ins 2002 No 92, Sch 2 [5]. Am 2004 No 29, Sch 1 [1]. |
Sec 14 | Am 2002 No 92, Sch 2 [6]. |
Sec 15 | Am 2006 No 55, Sch 1 [7] [8]; 2008 No 84, Sch 1 [2]. |
Sec 15A | Ins 2006 No 55, Sch 1 [10]. |
Sec 15B | Ins 2006 No 55, Sch 1 [11]. Am 2010 No 19, Sch 3.18 [1] [2]; 2018 No 28, Sch 1.8 [1]. |
Sec 15C (previously sec 15A) | Ins 2002 No 92, Sch 1 [2]. Renumbered 2006 No 55, Sch 1 [9]. |
Sec 16 | Am 2002 No 92, Sch 2 [7]; 2008 No 84, Sch 1 [3]. |
Sec 17 | Am 2002 No 92, Sch 2 [8]; 2008 No 84, Sch 1 [4]; 2010 No 63, Sch 1.6 [1]. |
Sec 17A | Ins 2002 No 92, Sch 1 [3]. Am 2005 No 98, Sch 3.8 [1]. |
Part 2, Div 4, heading | Subst 2002 No 92, Sch 2 [9]. |
Sec 18 | Am 2006 No 55, Sch 1 [12] [13]. |
Part 2, Div 5, heading | Ins 2002 No 92, Sch 2 [10]. |
Sec 19 | Am 2004 No 29, Sch 1 [2]. |
Sec 20 | Rep 2002 No 92, Sch 2 [11]. |
Part 2, Div 6, heading | Ins 2002 No 92, Sch 2 [12]. |
Sec 21 | Subst 2002 No 92, Sch 2 [12]. |
Part 2, Div 7, heading | Ins 2002 No 92, Sch 1 [4]. |
Sec 22 | Subst 2002 No 92, Sch 1 [4]. |
Sec 23 | Ins 2002 No 92, Sch 1 [4]. Am 2009 No 49, Sch 2.8 [1] [2]. |
Sec 24 | Ins 2002 No 92, Sch 1 [4]. |
Sec 25 | Ins 2002 No 92, Sch 1 [4]. Am 2005 No 98, Sch 3.8 [2]. |
Sec 26 | Ins 2002 No 92, Sch 1 [4]. Am 2005 No 98, Sch 3.8 [3]; 2015 No 7, Sch 2.2 [1]. |
Part 2A | Ins 2004 No 29, Sch 1 [3]. |
Part 2A, Div 1 | Ins 2004 No 29, Sch 1 [3]. |
Sec 26A | Ins 2004 No 29, Sch 1 [3]. Am 2005 No 9, Sch 1 [1]; 2007 No 84, Sch 1 [1] [2]; 2010 No 48, Sch 5.3; 2017 No 53, Sch 4.8 [1] (am 2018 No 25, Sch 1.6 [12]) [2]. |
Sec 26B | Ins 2004 No 29, Sch 1 [3]. Am 2008 No 84, Sch 1 [5]; 2021 No 28, Sch 1[3] [4]. |
Part 2A, Div 1A (secs 26BA–26BD) | Ins 2008 No 84, Sch 1 [6]. |
Part 2A, Div 2 | Ins 2004 No 29, Sch 1 [3]. |
Sec 26C | Ins 2004 No 29, Sch 1 [3]. |
Sec 26D | Ins 2004 No 29, Sch 1 [3]. Am 2005 No 9, Sch 1 [2]–[4]; 2007 No 84, Sch 1 [3]; 2022 No 25, Sch 4.1. |
Part 2A, Div 3 (secs 26E–26G) | Ins 2004 No 29, Sch 1 [3]. |
Part 2A, Div 4 | Ins 2004 No 29, Sch 1 [3]. |
Sec 26H | Ins 2004 No 29, Sch 1 [3]. |
Sec 26I | Ins 2004 No 29, Sch 1 [3]. Am 2005 No 9, Sch 1 [5]; 2012 No 53, Sch 2.3. |
Part 2A, Div 5 | Ins 2004 No 29, Sch 1 [3]. |
Sec 26J | Ins 2004 No 29, Sch 1 [3]. Am 2005 No 9, Sch 1 [6] [7]; 2006 No 120, Sch 2.12; 2007 No 94, Sch 2; 2009 No 49, Sch 2.8 [3]–[5]; 2013 No 37, Sch 3.3 [3] [4]. |
Part 2A, Div 6 | Ins 2005 No 76, Sch 1 [1]. |
Sec 26K | Ins 2005 No 76, Sch 1 [1]. Am 2020 No 12, Sch 3.4A[2] (am 2020 No 26, Sch 1.12[1]). |
Sec 26L | Ins 2005 No 76, Sch 1 [1]. Am 2008 No 84, Sch 1 [7] [8]; 2009 No 49, Sch 2.8 [3]. |
Sec 26M | Ins 2005 No 76, Sch 1 [1]. Am 2007 No 84, Sch 1 [4]; 2008 No 84, Sch 1 [9]. |
Sec 26N | Ins 2005 No 76, Sch 1 [1]. Am 2008 No 84, Sch 1 [10]–[14]. |
Sec 26O | Ins 2005 No 76, Sch 1 [1]. Am 2007 No 94, Sch 2. |
Sec 26P | Ins 2005 No 76, Sch 1 [1]. |
Sec 26Q | Ins 2005 No 76, Sch 1 [1]. Am 2008 No 84, Sch 1 [15]; 2009 No 49, Sch 2.8 [3]. |
Sec 26QA | Ins 2010 No 63, Sch 1.6 [2]. |
Sec 26R | Ins 2005 No 76, Sch 1 [1]. Am 2007 No 84, Sch 1 [5]; 2008 No 84, Sch 1 [16]; 2009 No 49, Sch 2.8 [3]. |
Sec 26S | Ins 2005 No 76, Sch 1 [1]. Am 2008 No 84, Sch 1 [17]–[20]; 2009 No 49, Sch 2.8 [3]. |
Sec 26T | Ins 2005 No 76, Sch 1 [1]. Am 2015 No 7, Sch 2.2 [2]. |
Sec 26U | Ins 2005 No 76, Sch 1 [1]. Am 2015 No 7, Sch 2.2 [3]. |
Sec 26V | Ins 2005 No 76, Sch 1 [1]. Am 2008 No 84, Sch 1 [21]; 2009 No 49, Sch 2.8 [6]. |
Sec 26W | Ins 2005 No 76, Sch 1 [1]. Am 2020 No 12, Sch 3.4A[3] (am 2020 No 26, Sch 1.12[1]). |
Part 2A, Div 7 (sec 26X) | Ins 2010 No 63, Sch 1.6 [3]. |
Part 3 | Ins 2002 No 92, Sch 1 [5]. |
Secs 27–29 | Ins 2002 No 92, Sch 1 [5]. |
Sec 30 | Ins 2002 No 92, Sch 1 [5]. Am 2010 No 19, Sch 3.18 [3]; 2018 No 28, Sch 1.8 [2]. |
Secs 31–33 | Ins 2002 No 92, Sch 1 [5]. |
Part 4 | Ins 2002 No 92, Sch 1 [5]. |
Sec 34 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 2 [1]–[5]; 2010 No 107, Sch 3.2; 2011 No 52, Sch 2 [1]. |
Sec 34A | Ins 2003 No 94, Sch 2 [6]. |
Sec 35 | Ins 2002 No 92, Sch 1 [5]. |
Sec 35A | Ins 2003 No 94, Sch 2 [7]. |
Secs 36–39 | Ins 2002 No 92, Sch 1 [5]. |
Part 5 | Ins 2002 No 92, Sch 1 [5]. |
Sec 40 | Ins 2002 No 92, Sch 1 [5]. |
Sec 41 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 1 [1]. |
Sec 42 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 3 [2]. |
Sec 43 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 3 [3]. |
Sec 43A | Ins 2003 No 94, Sch 1 [2]. |
Sec 44 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 3 [2] [4]. |
Sec 45 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 3 [2]. |
Sec 46 | Ins 2002 No 92, Sch 1 [5]. |
Part 6 (secs 47–50) | Ins 2002 No 92, Sch 1 [5]. |
Part 7 | Ins 2002 No 92, Sch 1 [5]. |
Part 7, Div 1, heading | Ins 2005 No 73, Sch 2 [1]. |
Sec 51 | Ins 2002 No 92, Sch 1 [5]. |
Sec 52 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 1 [3]; 2020 No 12, Sch 3.4A[4] (am 2020 No 26, Sch 1.12[1]). |
Sec 53 | Ins 2002 No 92, Sch 1 [5]. |
Sec 54 | Ins 2002 No 92, Sch 1 [5]. Am 2003 No 94, Sch 1 [4]. |
Sec 54A | Ins 2003 No 94, Sch 1 [5]. Am 2020 No 12, Sch 3.4A[4]–[7] (am 2020 No 26, Sch 1.12[1]). |
Part 7, Div 2 | Ins 2005 No 73, Sch 2 [2]. |
Part 7, Div 2, heading | Ins 2005 No 73, Sch 2 [2]. Am 2020 No 12, Sch 3.4A[8] (am 2020 No 26, Sch 1.12[1]). |
Sec 54B | Ins 2005 No 73, Sch 2 [2]. |
Sec 54C | Ins 2005 No 73, Sch 2 [2]. Am 2020 No 12, Sch 3.4A[4] (am 2020 No 26, Sch 1.12[1]). |
Sec 54D | Ins 2005 No 73, Sch 2 [2]. Am 2007 No 8, Sch 7.1; 2009 No 49, Sch 2.8 [3]. |
Sec 54E | Ins 2005 No 73, Sch 2 [2]. Am 2009 No 49, Sch 2.8 [3]. |
Sec 54F | Ins 2005 No 73, Sch 2 [2]. Am 2009 No 49, Sch 2.8 [2]. |
Sec 54G | Ins 2005 No 73, Sch 2 [2]. Am 2009 No 49, Sch 2.8 [3] [5] [7]. |
Sec 54H | Ins 2005 No 73, Sch 2 [2]. Am 2009 No 49, Sch 2.8 [3] [5] [8]. |
Part 8 (secs 55–58) | Ins 2002 No 92, Sch 1 [5]. |
Part 8A (secs 58A–58C) | Ins 2005 No 16, Sch 1 [1]. |
Part 9 (secs 59–66) | Ins 2002 No 92, Sch 1 [5]. |
Part 10 | Ins 2002 No 92, Sch 1 [5]. |
Sec 67 | Ins 2002 No 92, Sch 1 [5]. Am 2005 No 77, Sch 6.2 [1]. |
Sec 67, note | Ins 2005 No 77, Sch 6.2 [2]. |
Secs 68, 69 | Ins 2002 No 92, Sch 1 [5]. |
Part 11 (secs 70, 71) | Ins 2003 No 94, Sch 1 [6]. |
Part 12 (secs 72, 73) | Ins 2011 No 62, Sch 4.2. |
Sch 1 | Am 2002 No 92, Sch 2 [13] [14]; 2003 No 94, Sch 3 [5] [6]; 2004 No 29, Sch 1 [4] [5]; 2005 No 9, Sch 1 [8]–[10]; 2005 No 16, Sch 1 [2] [3]; 2005 No 73, Sch 2 [3]; 2005 No 76, Sch 1 [2] [3]; 2006 No 55, Sch 1 [14] [15]; 2006 No 107, Sch 1.5 [2]; 2007 No 84, Sch 1 [6]–[10]; 2008 No 84, Sch 1 [22] [23]; 2010 No 63, Sch 1.6 [4]; 2011 No 52, Sch 2 [2] [3]; 2018 No 56, Sch 1 [5] [6]; 2018 No 87, Sch 1.7; 2020 No 12, Sch 3.4A[9] (am 2020 No 26, Sch 1.12[1]); 2021 No 28, Sch 1[5]. |
Sch 2 | Rep 2002 No 92, Sch 2 [15]. Ins 2011 No 27, Sch 3.2. |
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