New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 7)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActCivil Liability Amendment (Personal Responsibility) Act 2002Civil Liability Amendment Act 2003Civil Liability Amendment (Offender Damages) Act 2004Civil Liability Amendment (Offender Damages) Act 2005Civil Liability Amendment (Food Donations) Act 2005Confiscation of Proceeds of Crime Amendment Act 2005 (but only to the extent that it amends this Act)Civil Liability Amendment (Offender Damages Trust Fund) Act 2005Civil Liability Amendment Act 2006Civil Liability Amendment (Offender Damages) Act 2007Civil Liability Legislation Amendment Act 2008Home Building Amendment Act 2011 , but only to the extent that it amends this Actany Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from--(a) 20 March 2002 or a later date where this Act is the Act concerned, or(b) where some other Act is the Act concerned, the date of assent to that Act or a later date.
For the purposes of this Schedule, proceedings are not finally determined if--
(a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or
(b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).
(1) Part 2 of this Act extends to an award of personal injury damages that relates to an injury received, or to a death resulting from an injury received, whether before or after the commencement of this Act.
(2) However, Part 2 of this Act does not apply to or in respect of--(a) an award of damages in proceedings commenced in a court before the commencement of this Act, or(b) an award of damages, or settlement or consent order in respect of damages, made before the date of assent to this Act.
Despite the amendments made by this Act to the Health Care Liability Act 2001 , that Act continues to apply (as if it had not been amended by this Act) to an award in respect of a health care claim (as defined in that Act) in proceedings commenced in a court before the commencement of this Act.
(1) Part 2 of this Act does not apply to or in respect of an award of damages on a claim against the Crown if the Crown has been notified in writing of the claim before 20 March 2002 and--(a) the damages are awarded (or are the subject of a settlement or consent order made) before 1 September 2002, or(b) proceedings on the claim are commenced in a court before 1 September 2002, or(c) proceedings on the claim cannot be commenced before 1 September 2002 because the injury concerned has not stabilised.
(2) This clause does not apply to an award in respect of a health care claim as defined in the Health Care Liability Act 2001 .
(3) In this clause--
"Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 and includes a State owned corporation within the meaning of the State Owned Corporations Act 1989 .
In this Part--
"2002 amending Act" means the Civil Liability Amendment (Personal
Responsibility) Act 2002 .
(1) The amendments to this Act made by the 2002 amending Act extend to civil liability arising before the commencement of the amendments, but do not apply to or in respect of proceedings commenced in a court before that commencement.
(2) Despite subclause (1), the following provisions of this Act (as inserted by the 2002 amending Act) apply to and in respect of proceedings commenced in a court on or after 3 September 2002 (except in respect of a decision of the court made before the commencement of this clause)--(a) Part 7 (Self-defence and recovery by criminals),(b) section 30 (Limitation on recovery for pure mental harm arising from shock).
(1) Section 77 of the Motor Accidents Act 1988 and section 141 of the Motor Accidents Compensation Act 1999 apply to and in respect of proceedings commenced in a court before 3 September 2002 as if they had not been repealed.
(2) Section 75 of the Motor Accidents Act 1988 and section 139 of the Motor Accidents Compensation Act 1999 apply to and in respect of proceedings commenced in a court before the commencement of section 5T as if they had not been repealed.
(1) Section 109ZJ of the Environmental Planning and Assessment Act 1979 continues to apply (despite its repeal by the 2002 amending Act) to and in respect of an award of damages in a building action or subdivision action commenced before that repeal.
(2) Part 4 (Proportionate liability) of this Act does not apply to or in respect of--(a) a claim in a building action or subdivision action referred to in subclause (1), or(b) any development that is excluded from the operation of Part 4C of the Environmental Planning and Assessment Act 1979 by the operation of clause 34 of the Environmental Planning and Assessment (Savings and Transitional) Regulation 1998 .
The repeal of Part 4 of the Health Care Liability Act 2001 by the 2002 amending Act does not affect proceedings commenced in a court before the repeal of that Part.
The amendment of section 14 (Damages for future economic loss--discount rate) by the 2002 amending Act is taken to have commenced on 20 March 2002.
Part 3 of the Law Reform (Miscellaneous Provisions) Act 1944 continues to apply despite its repeal to and in respect of civil liability that is excluded from the operation of Part 3 of this Act by section 3B.
In this Part--
"amending Act" means the Civil Liability Amendment Act 2003 .
Clause 6(1) extends to Part 4 (as inserted by the Civil Liability Amendment (Personal Responsibility) Act 2002 and amended by the amending Act).
(1) Part 11 (as inserted by Schedule 1[6[#93] to the amending Act) applies in relation to civil liability whether arising before or after 13 November 2003.
(2) However, Part 11 does not apply to proceedings commenced in a court before 13 November 2003.
(1) Parts 5 and 7 (as amended by the amending Act) apply in relation to civil liability whether arising before or after 13 November 2003.
(2) Parts 5 and 7 (as so amended) also extend to proceedings commenced before 13 November 2003.
(3) However, subclause (2) does not operate--(a) to apply Part 5 or 7 (as so amended) in respect of any decision of a court made before the commencement of this clause, or(b) to apply Part 5 or 7 in relation to any proceedings to which the Part did not apply immediately before the commencement of this clause.
(1) Part 8A applies in relation to civil liability whether arising before or after the commencement of that Part.
(2) However, Part 8A does not apply to proceedings commenced in a court before the commencement of that Part.
(1) Part 2A of this Act extends to an award of personal injury damages that relates to an injury received, or to a death resulting from an injury received, whether before or after the commencement of that Part.
(2) However, Part 2A of this Act does not apply to or in respect of--(a) an award of damages in proceedings commenced in a court before 15 January 2004, orNote : 15 January 2004 is the date of the Minister's announcement of the proposal to enact Part 2A.(b) an award of damages in proceedings commenced in a court before the date of introduction into Parliament of the Bill for the Civil Liability Amendment (Offender Damages) Act 2004 if the award is in respect of an injury (or death resulting from an injury) to a person received while the person was a detainee under the Children (Detention Centres) Act 1987 or while performing community service work under a children's community service order as provided by the Children (Community Service Orders) Act 1987 , or(c) an award of damages, or settlement or consent order in respect of damages, made before 19 November 2004 (being the day on which Part 2A commenced).
In this Part--
"amending Act" means the Civil Liability Amendment (Offender Damages) Act
2005 .
"commencement day" means the day on which the amending Act commences.
(1) Part 2A (as amended by the amending Act) applies to any civil liability whether arising before, on or after the commencement day.
(2) Part 2A (as so amended) also extends to proceedings commenced before the commencement day.
(3) However, subclause (1) or (2) does not operate--(a) to apply Part 2A in respect of any decision of a court made before the commencement day, or(b) to apply Part 2A in relation to any civil liability or proceedings to which the Part did not apply immediately before the commencement day.
(1) A reference to the WorkCover Guidelines in a provision of Part 7 of Chapter 7 of the 1998 WC Act that is extended to an assessment of degree of permanent impairment for the purposes of Part 2A of this Act by section 26D is to continue to be read as a reference to the WorkCover Guidelines until guidelines are issued under section 26D(2A) (as inserted by the amending Act).
(2) Subclause (1) applies despite section 26D(2)(e) (as inserted by Schedule 1[2[#93] to the amending Act).
(3) In this clause,
"1998 WC Act" and
"WorkCover Guidelines" have the same meanings as they have in section 26D (as amended by the amending Act).
For the purposes of the operation of Division 6 (Offender damages trust funds) of Part 2A--
(a) that Part extends to an award of personal injury damages in proceedings commenced before the commencement of that Part, and
(b) Parts 5 and 6 of this Schedule do not limit the operation of that Part.
Note : This clause has the effect of extending the operation of Division 6 of Part 2A beyond the operation of the other provisions of that Part.
A provision of Division 6 (Offender damages trust funds) of Part 2A extends to--
(a) an award of offender damages made before the commencement of the provision that has not been satisfied by the protected defendant concerned as at that commencement, and
(b) an award of offender damages made after the commencement of the provision in respect of a claim for damages that arose before that commencement, and
(c) a victim claim made in respect of a cause of action that arose before the commencement of the provision.
In this Part--
"amending Act" means the Civil Liability Amendment Act 2006 .
(1) Section 15A (as inserted by the amending Act) extends to civil liability arising before the commencement of section 15A, but does not apply to any proceedings that were finally determined before that commencement.
(2) Section 15B (as inserted by the amending Act) and section 18(1) (as amended by the amending Act) extend to civil liability arising before the commencement of section 15B, but do not apply to any proceedings that were finally determined before that commencement.
(3) For the purposes of subclauses (1) and (2), section 3B(1)(a)-(c) and (2)(a1) and (c1) (as inserted or amended by the amending Act) also extend to the civil liability referred to in those subclauses.
In this Part,
"amending Act" means the Crimes and Courts Legislation Amendment Act 2006 .
(1) The amendment to section 3B(1)(a) made by the amending Act extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of that amendment.
(2) For the avoidance of doubt, any reference to "civil liability in respect of an intentional act that is done with intent to cause injury or death or that is sexual assault or other sexual misconduct" in section 3B(1)(a) before the commencement of this clause is taken to read (and always to have read) "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".
(3) The provisions of this Schedule that apply to section 3B(1)(a) apply to that paragraph as if it read (and always had read) as provided by subclause (2).
(4) This clause does not affect any final determination of legal proceedings made by a court or tribunal before the commencement of this clause.
(5) Despite subclause (4), this clause does apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of this clause (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). This clause does not apply for that purpose if the award has been wholly or partly satisfied (before or after the commencement of this clause) by payment to or at the direction of the person to whom the damages were awarded.
(1) The definition of
"offender in custody" or
"offender" in section 26A(1) includes, and is taken to have always included, the following--(a) an inmate within the meaning of the Correctional Centres Act 1952 ,(b) a prisoner within the meaning of the Prisons Act 1952 ,(c) a periodic detainee within the meaning of the Periodic Detention of Prisoners Act 1981 ,(d) an offender for whom a home detention order was made under the Home Detention Act 1996 ,(e) a person performing community service work under, or attending a place in compliance with the requirements of, a community service order as provided by the Community Service Orders Act 1979 , whether or not the person is an offender in custody under any other paragraph of this definition.
(2) This clause extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of this clause.
(3) This clause does not affect any final determination of legal proceedings made by a court or tribunal before the commencement of this clause.
(4) Despite subclause (3), this clause does apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of this clause (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). This clause does not apply for that purpose if the award has been wholly or partly satisfied (before or after the commencement of this clause) by payment to or at the direction of the person to whom the damages were awarded.
In this Part,
"2007 amending Act" means the Civil Liability Amendment (Offender Damages)
Act 2007 .
(1) The amendments made by the 2007 amending Act to section 26A (
"the 26A amendments" ) extend to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of those amendments.
(2) The 26A amendments do not affect any final determination of legal proceedings made by a court or tribunal before the commencement of those amendments.
(3) Despite subclause (2), the 26A amendments do apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of those amendments (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). The 26A amendments do not apply for that purpose if the award has been wholly or partly satisfied (before or after commencement of the amendments) by payment to or at the direction of the person to whom the damages were awarded.
Clause 1A of this Schedule does not affect any decision of a court made before the commencement of that clause (as inserted by the 2007 amending Act).
The amendment made by the 2007 amending Act to section 26D extends to a dispute in connection with civil liability arising before the commencement of that amendment (whether or not proceedings had been commenced before that commencement), but does not extend to a dispute referred for assessment pursuant to that section before that commencement.
In this Part--
"2008 amending Act" means the Civil Liability Legislation Amendment Act 2008
.
An amendment made to section 15 by the 2008 amending Act extends to civil liability arising, and to proceedings commenced, before the commencement of the amendment but does not apply to any proceedings determined before that commencement.
The amendments made by the 2008 amending Act to sections 16 and 17 are taken to have had effect on and from the commencement of those sections.
The amendment made by the 2008 amending Act to section 26B extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of the amendment, but not so as to affect any final determination of legal proceedings made by a court or tribunal before the commencement of the amendment.
Division 1A of Part 2A does not apply in relation to an award of damages if the incident giving rise to the claim occurred before the commencement of that Division.
The amendment made by the 2008 amending Act to section 3B extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of the amendment, but not so as to affect any final determination of legal proceedings made by a court or tribunal before the commencement of the amendment.
The amendment made by the 2008 amending Act to section 26M extends to an eligibility period under that section that had commenced to run, but that had not expired, before the commencement of the amendment.
An amendment made by the 2008 amending Act to section 26N extends to a victim claim that arose before the commencement of the amendment.
(1) An amendment made by the 2008 amending Act to section 26L, 26Q, 26R or 26S extends to a victim claim that arose before the commencement of the amendment.
(2) Offender damages held on trust by a protected defendant under section 26L immediately before the commencement of the amendments to that section by the 2008 amending Act are, on and from that commencement, taken to be held on trust under that section by the Public Trustee.
Section 26X (as inserted by the Courts Legislation Amendment Act 2010 ) extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of the section, but not so as to affect any final determination of legal proceedings made by a court or tribunal before the commencement of the section.
The amendment of section 34 by the Home Building Amendment Act 2011 extends to civil liability arising before the commencement of the amendment but not so as to affect proceedings commenced before the commencement of the amendment (whether or not the proceedings were finally determined before the commencement of the amendment).
In this Part--
"amending Act" means the Civil Liability Amendment (Organisational Child
Abuse Liability) Act 2018 .
Section 6F, as inserted by the amending Act, applies only in respect of child abuse perpetrated after the commencement of that section.
Section 6H, as inserted by the amending Act, applies only in respect of child abuse perpetrated after the commencement of that section.
Division 4 of Part 1B of this Act extends to child abuse proceedings in respect of abuse perpetrated before the commencement of that Division.
(1) A reference to a person described in paragraph (c) of the definition of
"offender in custody" or
"offender" in section 26A as substituted by the amending Act includes a reference to an offender described in that paragraph immediately before its substitution.Note : Before its substitution by the amending Act, paragraph (c) of that definition referred to an offender within the meaning of Part 4 (Imprisonment by way of home detention) of the Crimes (Administration of Sentences) Act 1999 .
(2) A reference to a community correction order in paragraph (e) of that definition includes a reference to a community service order under the Crimes (Sentencing Procedure) Act 1999 as in force before the amendment of that Act by the amending Act. The community service order is taken to be a community correction order (see Part 29 of Schedule 2 to the Crimes (Sentencing Procedure) Act 1999 ).
(3) This clause is taken to have commenced on 24 September 2018.
(4) In this clause,
"amending Act" means the Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 .
A reference in this Act to a mental health impairment or a cognitive impairment is taken to include, for anything occurring before the commencement of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 , a reference to a mental illness.
(1) This clause applies to a cause of action against a protected defendant for child abuse of a person who at the time of the child abuse was an offender in custody.
(2) The person may commence proceedings on the cause of action in a court with sufficient jurisdiction to hear the cause of action despite any earlier judgement or settlement given or made before the commencement of section 26B(2A).
(3) The action may be brought as if the earlier judgment or settlement, including related proceedings, had not occurred.
(4) The court hearing the action may, if it decides that it is just and reasonable to do so, do any or all of the following--(a) set aside the earlier judgment or settlement,(b) take into account any amounts paid or payable by way of damages under an earlier judgment or settlement,(c) take into account any amounts paid or payable by way of costs in the related proceedings.
(5) The Supreme Court may, on application, exercise the power to set aside a judgment under subclause (4)(a) even though it is not hearing the action.
(6) A court, other than the Supreme Court, may not, under this clause, set aside a judgment of any other court.
(7) In this section--
"child" means a person under the age of 18 years.
"child abuse" , of a child, means sexual abuse or physical abuse of the child but does not include an act that is lawful at the time it takes place.
"offender in custody" has the same meaning as in Part 2A of this Act.
"protected defendant" has the same meaning as in Part 2A of this Act.