Show which NSW Civil Liability Act parts still apply to an intentional assault
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the facts the lawyer marks as an act done by that person with intent to cause injury or death, sexual assault or other sexual misconduct committed by that person, or neither, set out section 3B(1)(a) and the provisions it keeps in. Do not decide intent and do not write the pleading.
- What the lawyer must review
- Decide whether this defendant did the intentional act, or committed the sexual misconduct
- The Act is out for that liability, except the provisions the paragraph keeps in
- Do not import another State's costs carve-out. None was opened here
- Use a firm-controlled tool for health records. ASCR r 9, APP 11 and the Privacy Act 1988 (Cth) apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Civil Liability Act 2002 (NSW) s 3B
Produce. A table of s 3B(1)(a) and the provisions it keeps in, under the intent finding the lawyer has marked.
Have ready. The lawyer's mark of intent or sexual misconduct; Section 3B.
Example of the limit. Illustrative example: The lawyer marks an intentional assault done with intent to injure, and not a claim about an organisation's liability for child abuse. The table shows the Act does not apply, and lists Part 1B as kept in but not engaged by that mark. It does not plead the claim.
Stop and hand it back when
- Intent has not been marked.
- The claim is about an offender in custody or an organisation's liability for child abuse, which the paragraph keeps in.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| 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 in respect of an intentional act that is done by the person with intent to cause injury or death, or that is sexual assault or other sexual misconduct committed by the person.
- The same paragraph keeps in Part 1B, child abuse and liability of organisations.
- It also keeps in section 15B and section 18(1) so far as it applies to damages for loss of the kind in section 18(1)(c), Part 7 for an intentional act done with intent to cause injury or death, and Part 2A for offenders in custody.
- The opened material does not contain a pre-court Act that switches off a notice of claim for this kind of assault. Do not invent one.
Sources
- Civil Liability Act 2002 (NSW) s 3B · 2026-10-23
- Limitation Act 1969 (NSW) s 50C · 2026-10-23
Do not say the kept-in provisions apply until the lawyer checks that the claim is one of those kinds. Section 50C is a limitation period. It is not a damages cap and it does not decide whether the Civil Liability Act applies.
Intent is the lawyer's finding. The table uses the finding the lawyer has marked.
Medical records 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).