---
title: "Show which NSW Civil Liability Act parts still apply to an intentional assault"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-VC20261023-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Show which NSW Civil Liability Act parts still apply to an intentional assault

> 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…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault/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 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. |
| Written for | New South Wales |
| Applies to | [Decide which damages limits apply to a civil claim for an assault](https://ailawframework.com/practice/personal-injury-and-compensation/decide-which-damages-limits-apply-to-a-civil-claim-for-an-assault.md) |

## Checking plan

**Verify against sources**

The lawyer decides intent. The tool sets out section 3B(1)(a) and the provisions it keeps.

- What the AI does: 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 does: Decide intent and which kept-in provisions still apply.
- 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 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.
2. The same paragraph keeps in Part 1B, child abuse and liability of organisations.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Civil Liability Act 2002 (NSW) s 3B

**Deliverable**: A table of s 3B(1)(a) and the provisions it keeps in, under the intent finding the lawyer has marked.

**Inputs**

- The lawyer's mark of intent or sexual misconduct
- Section 3B

**Example**: 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 escalate 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.

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)
- [Limitation Act 1969 (NSW) s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.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.*