Check whether the New South Wales Civil Liability Act applies to an abuse claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the causes the lawyer has named, record for each defendant whether the lawyer describes the act as done by that defendant. Do not apply a cap or calculate a figure.
- What the lawyer must review
- Decide whether s 3B(1)(a) attaches to this defendant. The words are committed by the person.
- Keep Part 1B in view even where the rest of the Act is excluded.
- Do not describe the content of s 15B beyond the cross-reference in s 3B.
- Keep the file in the firm's system. ASCR r 9 and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. Any assessment in which the Civil Liability Act 2002 is said to apply or not to apply.
Produce. A table of each defendant, the act the lawyer attributes to that defendant, and the exceptions in s 3B(1)(a).
Have ready. The causes the lawyer has named; Which person did the act; Whether the claim is also a workers compensation damages claim.
Example of the limit. Illustrative example: The institution is sued for failing to prevent an assault by someone else. The tool does not mark s 3B(1)(a) as applying to the institution. The lawyer decides whether the misconduct was committed by the institution.
Stop and hand it back when
- The tool calculates a figure.
- The tool drops Part 1B from a claim that otherwise falls under s 3B(1)(a).
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the causes the lawyer has named, record for each defendant whether the lawyer describes the act as done by that defendant. Do not apply a cap or calculate a figure. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 3B(1)(a) says the Act does not apply to civil liability of a person for an intentional act done by the person with intent to cause injury or death, or sexual assault or other sexual misconduct committed by the person.
- The exclusion is the whole Act except Part 1B, s 15B, s 18(1) in its application to damages for any loss of the kind in s 18(1)(c), Part 7 for an intentional act done with intent to cause injury or death, and Part 2A.
- The note to s 3B(1)(f) records that Workers Compensation Act 1987 s 151E(2A) says Division 3 of Part 5 of that Act does not apply to an award arising from abuse against a child.
- The words committed by the person are the question when the defendant is the institution rather than the abuser.
Sources
- Civil Liability Act 2002 (NSW) s 3B · 2026-10-23
- Civil Liability Act 2002 (NSW) s 6F · 2026-10-23
- Supreme Court of New South Wales page on Practice Note SC Gen 23 · 2026-10-23
Part 2A, named in the exception, concerns offenders in custody. It was not opened and is not described.
If this is used in a Supreme Court document, read Practice Note SC Gen 23. The Court's page records amendments that came into effect on 3 February 2025. The note itself was not opened, so no clause is quoted.
Records on this file stay in a firm-controlled tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable under the Privacy Act 1988 (Cth).