---
title: "Check whether the New South Wales Civil Liability Act applies to an abuse claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-7-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check whether the New South Wales Civil Liability Act applies to an abuse claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | New South Wales |
| Applies to | [Check whether damages limits apply to an intentional abuse claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-damages-limits-apply-to-an-intentional-abuse-claim.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether s 3B(1)(a) applies to this defendant. The tool does not calculate damages.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. The words committed by the person are the question when the defendant is the institution rather than the abuser.

## Notes

- 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).

## Practical guide

Jurisdiction: New South Wales. Any assessment in which the Civil Liability Act 2002 is said to apply or not to apply.

**Deliverable**: A table of each defendant, the act the lawyer attributes to that defendant, and the exceptions in s 3B(1)(a).

**Inputs**

- The causes the lawyer has named
- Which person did the act
- Whether the claim is also a workers compensation damages claim

**Example**: 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 escalate when**

- The tool calculates a figure.
- The tool drops Part 1B from a claim that otherwise falls under s 3B(1)(a).

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) s 3B](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 6F](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s6f.html) (checked 2026-10-23)
- [Supreme Court of New South Wales page on Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*