Civil Liability Act 2002 (NSW) - Level 4

View Legislation

An Act to make provision in relation to the recovery of damages for death or personal injury caused by the fault of a person.

The Act establishes the principle of negligence in pursuit of civil claims - the requirement for 'harm' to have occurred and that negligence deemed necessary factor in the causation of harm; and the principle of reasonable risk assessment (ie: risk of injury foreseeable; risk not insignificant; and reasonable person would have taken precautions) in the determination of negligence. Responsibility / liability must also be reasonably deemed to belong to the negligent party. The Act further establishes the meaning of 'obvious risks' and 'inherent risks' and the duty of care and liability in relationship to such risks and deals with 'contributory negligence'. The Act provides for the assessment of Personal Injury Damages; other provisions cover mental harm; proportionate liability; liability of corporations and public authorities.

Relevant Compliance Frameworks

Legislation, Standards and Codes may be linked to one or more of the University's compliance frameworks either as the driver of the requirements, or as a component of the framework.

The relevant frameworks are listed below.

  • None