{"id":"nsw:sl-2010-0606","name":"Civil Liability (Non-economic Loss) Order 2010","slug":"civil-liability-non-economic-loss-order-2010","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"606 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178238,"registerId":"nsw-nsw:sl-2010-0606-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Civil Liability (Non-economic Loss) Order 2010](/view/html/inforce/current/sl-2010-0606).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Maximum amount of damages for non-economic loss","content":"#### 3 Maximum amount of damages for non-economic loss\n\n3 Maximum amount of damages for non-economic loss\n\n> It is declared that, on and from the date specified in Column 1 of the Table to this clause, the amount that is to apply for the purposes of section 16 (2) of the [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022) is the amount specified in Column 2 of that Table opposite that specified date.\n> \n> Table\n> \n> | Column 1 | Column 2 |\n> | Operative date | Maximum amount of damages for non-economic loss |\n> | 1 October 2002 | $365,000 |\n> | 1 October 2003 | $384,500 |\n> | 1 October 2004 | $400,000 |\n> | 1 October 2005 | $416,000 |\n> | 1 October 2006 | $427,000 |\n> | 1 October 2007 | $442,000 |\n> | 1 October 2008 | $450,000 |\n> | 1 October 2009 | $473,500 |\n> | 1 October 2010 | $500,500 |\n> | 1 October 2011 | $520,000 |\n> | 1 October 2012 | $535,000 |\n> | 1 October 2013 | $551,500 |\n> | 1 October 2014 | $572,200 |\n> | 1 October 2015 | $594,000 |\n> | 1 October 2016 | $605,000 |\n> | 1 October 2017 | $612,500 |\n> | 1 October 2018 | $635,000 |\n> | 1 October 2019 | $658,000 |\n> | 1 October 2020 | $687,000 |\n> | 1 October 2021 | $693,500 |\n> | 1 October 2022 | $705,000 |\n> | 1 October 2023 | $722,000 |\n> | 1 October 2024 | $761,500 |\n> | 1 October 2025 | $804,000 |\n> \n> **cl 3:** Am 2011 (531), cl 3; 2012 (475), cl 3; 2013 (555), cl 3; 2014 (652), cl 3; 2015 (589), cl 3; 2016 (652), cl 3; 2017 (540), cl 3; 2018 (557), cl 3; 2019 (485), cl 3; 2020 (570), cl 3; 2021 (549), sec 3; 2022 (577), sec 3; 2023 (546), sec 3; 2024 (506), Sch 1; 2025 (514), Sch 1.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n4 Repeal\n\n> Every Order made under section 17 of the [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022) before the commencement of this Order is repealed.","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation performs exactly its intended function: annually updating a statutory damages cap. The table has grown longer through amendments, but this is the mechanism working as designed, not scope creep."},"complexity_factors":["Extremely short — only 4 operative clauses","No defined terms section","Single cross-reference to section 16(2) of the Civil Liability Act 2002","No conditional logic or nested exceptions","Content is essentially a data table with legislative force","Straightforward repeal of prior orders in clause 4"],"plain_english_summary":"This Order sets the maximum amount of money (damages) that courts in New South Wales can award for **non-economic loss** in personal injury cases. Non-economic loss means compensation for things like pain and suffering, loss of enjoyment of life, or disfigurement — basically, harm that doesn't come with a receipt or payslip.\n\nThe Order contains a simple table showing how this cap has increased over time, from $365,000 in 2002 up to $804,000 from October 2025. Each year, the maximum amount is adjusted to account for inflation and changes in average weekly earnings.\n\n**Who it affects:** Anyone suing for personal injury in NSW, and the insurers or defendants they sue. It also affects lawyers advising clients on what their case might be worth.\n\n**Why it matters:** This is a hard cap. Even if someone suffers catastrophic, life-destroying injuries, they cannot receive more than the amount listed for that year. The Order ensures this cap keeps pace with economic conditions rather than becoming outdated."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Order does not change who may claim or how non‑economic loss is assessed under the Civil Liability Act; it purely declares the dollar maximums to be applied under s16(2), sets its commencement on publication (cl 2), and repeals prior Orders under s17 to replace earlier schedules (cl 3, cl 4)."},"complexity_factors":["Mechanical schedule of indexed dollar amounts across many operative dates increases administrative tracking for courts, lawyers and insurers (cl 3 Table).","Direct dependency on s16(2) of the Civil Liability Act 2002 requires applying these caps to individual awards and may require legal interpretation about temporal applicability of a given cap (cl 3).","Repeal of earlier Orders made under s17 consolidates authority but requires reconciliation of which cap applied to historical and ongoing claims (cl 4).","Commencement on publication means the Order takes effect immediately on being published, creating potential timing issues for claims around the publication date (cl 2).","Amendment history (multiple annual amending notes) shows the instrument is updated repeatedly, so staying current imposes an ongoing compliance burden (cl 3 notes).","The Order fixes amounts but does not define ‘non‑economic loss’ or assessment method — courts retain substantive discretion under the Act, requiring case‑by‑case application (interaction with s16(2))."],"plain_english_summary":"This Order sets the dollar caps courts must use for non‑economic loss (pain and suffering) under section 16(2) of the Civil Liability Act 2002, listing operative dates with corresponding maximum amounts. It commences on publication and repeals earlier Orders made under section 17. It affects injured claimants, defendants and insurers by limiting potential awards and therefore shaping settlement incentives and insurer exposure."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Order appears to have maintained its original, narrow purpose since 2010 — annually updating the non-economic loss cap under the Civil Liability Act 2002 (NSW). The consistent annual revision pattern and stable instrument structure suggest no expansion or contraction of scope from its original intent."},"complexity_factors":["Operates as a subordinate instrument (an 'order') under a parent Act — you must read both together to understand the full picture","Annual updates mean the operative dollar figure changes each year, requiring careful attention to which version applied at the time of a relevant legal event","Multiple historical versions (16 since 2010) create potential for confusion about which cap applies to a given claim","The actual substantive content of the Order (the specific dollar amounts) is not reproduced in the text provided — only metadata and navigation are shown, limiting full analysis","Requires cross-referencing with the Civil Liability Act 2002 (NSW) to understand thresholds, eligibility criteria, and how the cap is applied in practice"],"plain_english_summary":"This Order fixes the dollar caps used to limit awards for \"non‑economic loss\" (pain and suffering, loss of enjoyment, disfigurement) in NSW personal injury claims. It affects injured people, defendants and insurers, and lawyers, because it sets the maximum a court can award for those human losses. The cap is updated annually (most recently from 1 October 2025) and does not apply to economic losses like wages or medical expenses."}},"importantCases":[],"_links":{"self":"/api/acts/civil-liability-non-economic-loss-order-2010","history":"/api/acts/civil-liability-non-economic-loss-order-2010/history","analysis":"/api/acts/civil-liability-non-economic-loss-order-2010/analysis","conflicts":"/api/acts/civil-liability-non-economic-loss-order-2010/conflicts","importantCases":"/api/acts/civil-liability-non-economic-loss-order-2010/important-cases","documents":"/api/acts/civil-liability-non-economic-loss-order-2010/documents"}}