New South Wales Consolidated Acts

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 7K

7K Claims where child at fault

(1) This Division applies even if the death of or injury to the child was caused by the fault of the child, except as provided by this section.

(2) A court is not to award damages pursuant to this Division in respect of the death of or injury to a child if the court is satisfied that--

(a) the death of or injury to the child occurred at the time of, or following, conduct of the child that, on the balance of probabilities, constitutes a serious offence, and

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

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

(4) This section operates whether or not the child whose conduct is alleged to constitute an offence has been, will be or is capable of being proceeded against or convicted of any offence concerned.

(5) There is to be no reduction of the damages provided for by this Division by reason of the contributory negligence of the deceased or injured person, except as provided by this section.