Civil Liability Act 2002 (NSW)

affected agreement, for Part 1C—see section 7C.

applicant, for Part 1C—see section 7D.

cognitive impairment has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

court includes tribunal, and in relation to a claim for damages means any court or tribunal by or before which the claim falls to be determined.

damages includes any form of monetary compensation but does not include—

• (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.

mental health impairment has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

non-economic loss means any one or more of the following—

• (a)

  pain and suffering,

• (b)

  loss of amenities of life,

• (c)

  loss of expectation of life,

• (d)

  disfigurement.

special verdict of act proven but not criminally responsible has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

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…