Civil Liability Act 2002 (NSW)

Civil Liability Act 2002 No 22

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.

Part 1 Preliminary

1 Name of Act This Act is the Civil Liability Act 2002.

2 Commencement This Act is taken to have commenced on 20 March 2002.

3 Definitions In this Act— 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.

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.