New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 54A

54A Damages limitations if loss results from serious offence committed by impaired person

(1) This section applies to a liability to which this Part applies in circumstances where--

(a) the liability arises out of the death of, or injury or damage to, a person, and

(b) that death, injury or damage occurred at the time of, or following, conduct of the person that, on the balance of probabilities, would have constituted a serious offence if the person had not had a mental health impairment or a cognitive impairment at the time of the conduct, and

(c) that conduct contributed materially to the death, injury or damage or to the risk of death, injury or damage.

(2) If a court awards damages in respect of a liability to which this section applies, the following limitations apply to that award--

(a) no damages may be awarded for non-economic loss, and

(b) no damages for economic loss may be awarded for loss of earnings.

(3) A
"serious offence" is an offence punishable by imprisonment for 6 months or more.

(4) This section does not apply to an award of damages against a defendant if the conduct of the defendant that caused the death, injury or damage concerned--

(a) constitutes an offence (whether or not a serious offence), or

(b) would have constituted an offence (whether or not a serious offence) if the defendant had not had a mental health impairment or a cognitive impairment at the time of the conduct.

(5) This section operates whether or not a person whose conduct is in issue was acquitted of an offence concerning that conduct by reason of mental health impairment or cognitive impairment or was found by a court not to be fit to be tried for an offence concerning that conduct by reason of such an impairment.