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.

Sections (161)

s 1 — Name of Act
s 2 — Commencement
s 3 — Definitions
s 3A — Provisions relating to operation of Act
s 3B — Civil liability excluded from Act
s 3C — Act operates to exclude or limit vicarious liability
s 4 — Miscellaneous provisions
s 5 — Definitions
s 5A — Application of Part
s 5B — General principles
s 5C — Other principles
s 5D — General principles
s 5E — Onus of proof
s 5F — Meaning of “obvious risk”
s 5G — Injured persons presumed to be aware of obvious risks
s 5H — No proactive duty to warn of obvious risk
s 5I — No liability for materialisation of inherent risk
s 5J — Application of Division
s 5K — Definitions
s 5L — No liability for harm suffered from obvious risks of dangerous recreational activities
s 5M — No duty of care for recreational activity where risk warning
s 5N — Waiver of contractual duty of care for recreational activities
s 5O — Standard of care for professionals
s 5P — Division does not apply to duty to warn of risk
s 5Q — Liability based on non-delegable duty
s 5R — Standard of contributory negligence
s 5S — Contributory negligence can defeat claim
s 5T — Contributory negligence—claims under the Compensation to Relatives Act 1897
s 6A — Definitions
s 6B — Application of Part
s 6C — Successor organisations
s 6D — Organisations that are responsible for a child
s 6E — Individuals who are associated with organisations
s 6F — Liability of organisation for child abuse by associated individuals
s 6G — Employees include persons exercising functions akin to employees
s 6H — Organisations vicariously liable for child abuse perpetrated by employees
s 6I — Objects of Division
s 6J — Definitions
s 6K — Child abuse proceedings may be commenced against unincorporated organisation
s 6L — Unincorporated organisation may appoint proper defendant
s 6M — Entities suitable to be appointed as proper defendant
s 6N — Court may appoint proper defendant
s 6O — Effect of appointment of proper defendant
s 6P — Special provisions applying when trustees of associated trust appointed
s 6Q — Rules of court
s 7A — Definitions
s 7B — Object of Part
s 7C — Meaning of “affected agreement”
s 7D — Court may set aside affected agreement
s 7E — Court may also set aside other things
s 7F — Effect of setting aside affected agreement
s 11 — Definitions
s 11A — Application of Part
s 12 — Damages for past or future economic loss—maximum for loss of earnings etc
s 13 — Future economic loss—claimant’s prospects and adjustments
s 14 — Damages for future economic loss—discount rate
s 15 — Damages for gratuitous attendant care services: general
s 15A — Damages for gratuitous attendant care services: dust-related conditions
s 15B — Damages for loss of capacity to provide domestic services
s 15C — Damages for loss of superannuation entitlements
s 16 — Determination of damages for non-economic loss
s 17 — Indexation of maximum amount relating to non-economic loss
s 17A — Tariffs for damages for non-economic loss
s 18 — Interest on damages
s 19 — Third party contributions
s 21 — Limitation on exemplary, punitive and aggravated damages
s 22 — What is a structured settlement
s 23 — Court required to inform parties of proposed award
s 24 — Court may make consent order for structured settlement
s 25 — Obligation of Australian legal practitioners to provide advice
s 26 — Offer of structured settlement—legal costs
s 26A — Definitions
s 26B — Application of Part
s 26BA — Protected defendant must be given notice of incident giving rise to claim
s 26BB — Claimant must comply with requests for information
s 26BC — Vulnerable offenders
s 26BD — Dismissal of court proceedings for failure to give notice or co-operate on claim
s 26C — No damages unless permanent impairment of at least 15%
s 26D — Assessment of permanent impairment
s 26E — Damages for past or future loss of earnings
s 26F — Retirement age
s 26G — Future economic loss—assumption about release on parole
s 26H — Restriction on damages for non-economic loss
s 26I — Non-economic loss damages limited to workers compensation amount
s 26J — Authority for deduction from damages
s 26K — Interpretation
s 26L — Offender damages to be held in trust as victim trust fund
s 26M — Victim trust fund available to satisfy eligible victim claims
s 26N — Notice to persons entitled to make victim claim
s 26O — Provision of information to persons entitled to claim
s 26P — Commencement of victim claims proceedings despite expiry of limitation period
s 26Q — Orders for payment of damages out of money held in trust for victims of offender
s 26QA — Court may deal with victim claim on the papers
s 26R — Payment to offender of trust fund surplus
s 26S — Functions of the NSW Trustee and Guardian
s 26T — Exception for legal costs
s 26U — Maximum legal costs of eligible claims
s 26V — Protection from liability
s 26W — Division overrides Part 7 Division 2
s 26X — Limitation on exemplary, punitive and aggravated damages against protected defendant in cases of vicarious liability
s 27 — Definitions
s 28 — Application of Part
s 29 — Personal injury arising from mental or nervous shock
s 30 — Limitation on recovery for pure mental harm arising from shock
s 31 — Pure mental harm—liability only for recognised psychiatric illness
s 32 — Mental harm—duty of care
s 33 — Liability for economic loss for consequential mental harm
s 34 — Application of Part
s 34A — Certain concurrent wrongdoers not to have benefit of apportionment
s 35 — Proportionate liability for apportionable claims
s 35A — Duty of defendant to inform plaintiff about concurrent wrongdoers
s 36 — Contribution not recoverable from defendant
s 37 — Subsequent actions
s 38 — Joining non-party concurrent wrongdoer in the action
s 39 — Application of Part
s 40 — Application of Part
s 41 — Definitions
s 42 — Principles concerning resources, responsibilities etc of public or other authorities
s 43 — Proceedings against public or other authorities based on breach of statutory duty
s 43A — Proceedings against public or other authorities for the exercise of special statutory powers
s 44 — When public or other authority not liable for failure to exercise regulatory functions
s 45 — Special non-feasance protection for roads authorities
s 46 — Exercise of function or decision to exercise does not create duty
s 47 — Part applies to civil liability for death, injury or property damage
s 48 — Definition of “intoxication”
s 49 — Effect of intoxication on duty and standard of care
s 50 — No recovery where person intoxicated
s 51 — Part applies to civil liability for death, injury or property damage
s 52 — No civil liability for acts in self-defence
s 53 — Damages limitations apply even if self-defence not reasonable response
s 54 — Criminals not to be awarded damages
s 54A — Damages limitations if loss results from serious offence committed by impaired person
s 54B — Definitions
s 54C — Application of Division
s 54D — Damages supervision orders
s 54E — Additional matters relating to damages supervision orders
s 54F — Estates under supervision of Protective Commissioner
s 54G — Hindering or obstructing NSW Trustee and Guardian
s 54H — Evidence of NSW Trustee and Guardian’s right to act
s 55 — Application of Part
s 56 — Who is a good samaritan
s 57 — Protection of good samaritans
s 58 — Exclusion from protection
s 58A — Interpretation
s 58B — Application of Part
s 58C — Protection of food donors
s 59 — Application of Part
s 60 — Definitions
s 61 — Protection of volunteers
s 62 — Liability not excluded for criminal acts
s 63 — Liability of intoxicated volunteer not excluded
s 64 — Liability of volunteer not excluded if acting outside scope of activities or contrary to instructions
s 65 — Liability not excluded if insurance required
s 66 — Liability not excluded for motor accidents
s 67 — Application of Part
s 68 — Definition
s 69 — Effect of apology on liability
s 70 — Application of Part
s 71 — Limitation of the award of damages for the birth of a child
s 72 — Trespass or nuisance by aircraft
s 73 — Surface damage by aircraft or articles falling from aircraft

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.