New South Wales Consolidated Acts
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MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 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.
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.
"serious offence" is an offence punishable by imprisonment for 6 months or
(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.
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