Section 28 — Civil Liability Act 2002 (NSW)

Application of Part

(1) This Part (except section 29) applies to any claim for damages for mental harm resulting from negligence, regardless of whether the claim is brought in tort, in contract, under statute or otherwise.
(2) Section 29 applies to a claim for damages in any civil proceedings.
(3) This Part does not apply to civil liability that is excluded from the operation of this Part by section 3B.

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. Verify the current text against the official source before relying on it.

Related sections

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 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

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