New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 54C

54C Application of Division

(1) This Division applies to an award of damages to which this Part applies if--

(a) the award is made in respect of a civil liability that arises out of injury or damage to the person, and

(b) the 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) the conduct contributed materially to the injury or damage or to the risk of injury or damage.

(2) This Division does not apply to offender damages within the meaning of Division 6 of Part 2A.

(3) This Division 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.

(4) This Division does not apply to an award of damages made before the commencement of this Division.