{"id":"nsw:sl-2024-0376","name":"Civil Liability Regulation 2024","slug":"civil-liability-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"376 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174257,"registerId":"nsw-sl-2024-0376-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Civil Liability Regulation 2024](/view/html/inforce/current/sl-2024-0376).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Civil Liability Regulation 2019](/view/html/repealed/current/sl-2019-0384), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Civil Liability Act 2002](/view/html/inforce/current/act-2002-022).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Liability of public authorities—the Act, s 41","content":"#### 4 Liability of public authorities—the Act, s 41\n\n4 Liability of public authorities—the Act, s 41\n\n> > (1) For the Act, section 41, definition of public or other authority, paragraph (f), the following are prescribed as authorities to which the Act, Part 5 applies—\n> > \n> > > (a) in relation to a function exercised by or on behalf of a person or body in connection with the conduct of a non-government school—the person or body that conducts the non-government school,\n> > \n> > > (b) in relation to a function exercised by or for Water NSW in the Sydney catchment area—Water NSW.\n> \n> > (2) In this section—\n> > \n> > non-government school has the same meaning as in the [Education Act 1990](/view/html/inforce/current/act-1990-008).\n> > \n> > Sydney catchment area has the same meaning as in the [Water NSW Act 2014](/view/html/inforce/current/act-2014-074).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Proportionate liability—the Act, s 3B(3)","content":"#### 5 Proportionate liability—the Act, s 3B(3)\n\n5 Proportionate liability—the Act, s 3B(3)\n\n> > (1) A civil liability that arose before 26 July 2004 and to which the Act, Part 4 would otherwise apply, is excluded from the operation of the following—\n> > \n> > > (a) the Act, Part 4,\n> > \n> > > (b) the Act, Schedule 1, clauses 6 and 13 in the application of the clauses to the Act, Part 4.\n> \n> > (2) Despite subsection (1), the Act, Part 4 applies to a civil liability in relation to the following actions commenced on or after 1 December 2004, even if the liability arose before 26 July 2004—\n> > \n> > > (a) a building action,\n> > \n> > > (b) a subdivision action,\n> > \n> > > (c) a civil action for loss or damage arising out of, or in connection with, any of the following as referred to in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 6.6—\n> > > \n> > > > (i) defective building work,\n> > > \n> > > > (ii) defective subdivision work.\n> \n> > (3) In this section—\n> > \n> > building action has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 4C, as in force immediately before 1 March 2018.\n> > \n> > building work has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 6.6.\n> > \n> > subdivision action has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 4C, as in force immediately before 1 March 2018.\n> > \n> > subdivision work has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 6.6.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Individual akin to an employee—the Act, s 6G(4)","content":"#### 6 Individual akin to an employee—the Act, s 6G(4)\n\n6 Individual akin to an employee—the Act, s 6G(4)\n\n> > (1) Despite the Act, section 6G(3)(b), an individual is akin to an employee if—\n> > \n> > > (a) the activities carried out by the individual are carried out in the individual’s capacity as an authorised residential care worker, and\n> > \n> > > (b) the individual is otherwise akin to an employee for the Act, section 6G.\n> \n> > (2) In this section—\n> > \n> > authorised residential care worker has the same meaning as in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal and savings","content":"#### 7 Repeal and savings\n\n7 Repeal and savings\n\n> > (1) The [Civil Liability Regulation 2019](/view/html/repealed/current/sl-2019-0384) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Civil Liability Regulation 2019](/view/html/repealed/current/sl-2019-0384), had effect under that regulation continues to have effect under this regulation.","sortOrder":6}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation maintains its original purpose as a machinery provision supporting the Civil Liability Act 2002. The 2024 version appears to be a standard republication with minor updates (particularly the residential care worker provision in section 6, which may be new or clarified). The scope remains tightly focused on prescribing specific authorities and transitional arrangements as originally intended."},"complexity_factors":["Multiple cross-references to other Acts (Education Act 1990, Water NSW Act 2014, Environmental Planning and Assessment Act 1979, Children and Young Persons (Care and Protection) Act 1998)","Nested temporal conditions in section 5 with multiple cut-off dates (26 July 2004, 1 December 2004, 1 March 2018)","Defined terms rely on definitions in other legislation rather than standalone definitions","Exception to exception structure in section 5 (general exclusion, then despite clause with specific inclusions)","Technical legal concepts assumed (proportionate liability, vicarious liability, building actions, subdivision actions)"],"plain_english_summary":"**What this regulation does:**\n\nThis is a New South Wales regulation that supports the main *Civil Liability Act 2002*. It fills in specific details that the Act leaves blank, particularly about which organisations count as \"public authorities\" for legal liability purposes, and when special rules about sharing blame between multiple wrongdoers (called \"proportionate liability\") apply.\n\n**Who it affects:**\n\n- **Non-government schools** – when they exercise certain functions, they're now treated as public authorities for liability purposes\n- **Water NSW** – specifically when operating in the Sydney catchment area\n- **Residential care workers** – authorised workers under child protection laws are explicitly treated as being \"akin to employees\" for vicarious liability purposes (meaning their employers can be held responsible for their actions)\n- **People involved in building and subdivision disputes** – the regulation sets cut-off dates for when proportionate liability rules apply to old claims\n\n**Why it matters:**\n\nThis regulation determines who can be sued and how blame is shared when things go wrong:\n\n- **Section 4** expands the definition of \"public authority\" so that private schools and Water NSW can be held liable in specific circumstances where they perform public-like functions\n- **Section 5** creates a complex grandfathering arrangement for proportionate liability – generally, claims that arose before July 2004 are excluded from these rules, *unless* they're building or subdivision actions started after December 2004\n- **Section 6** ensures that residential care workers looking after vulnerable children are covered by the same liability rules as regular employees, protecting both the workers and the children they care for\n\nThe regulation also repeals and replaces the 2019 version to keep the law current, with savings provisions ensuring nothing falls through the cracks during the changeover."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation repeals and replaces the Civil Liability Regulation 2019 (s7). It preserves existing legal effects by savings (s7(2)) but makes targeted scope adjustments: it explicitly prescribes non‑government schools and Water NSW as public authorities for Part 5 purposes (s4), modifies the application of proportionate liability to pre‑2004 liabilities while allowing Part 4 for specified building and subdivision actions commenced on or after 1 Dec 2004 (s5), and clarifies that authorised residential care workers can be treated as akin to employees for s6G purposes (s6). These are specific scope changes rather than a wholesale redirection."},"complexity_factors":["Extensive cross-references to multiple external Acts for definitions and meanings (Civil Liability Act 2002; Education Act 1990; Water NSW Act 2014; Environmental Planning and Assessment Act 1979; Children and Young Persons (Care and Protection) Act 1998)","Transitional and exclusionary rules for liabilities arising before 26 July 2004 with carve-outs and date-dependent application (s5)","Targeted prescriptions naming specific entities as public authorities (s4) that change defendant status in limited contexts","Definition-based treatment of certain individuals as ‘akin to’ employees, affecting vicarious liability and indemnity questions (s6)","Savings and repeal provisions that preserve prior effects while replacing the instrument (s7), creating interpretive reliance on predecessor instrument history","Concise text that delegates interpretive weight to referenced Acts, increasing reliance on external materials for full effect"],"plain_english_summary":"Replaces the Civil Liability Regulation 2019 and sets how the Civil Liability Act applies to particular bodies and claims. It explicitly prescribes non‑government schools and Water NSW as public authorities (s4), narrows how proportionate liability applies to pre‑2004 liabilities while allowing Part 4 for certain building/subdivision actions started from 1 Dec 2004 (s5), and treats authorised residential care workers as akin to employees for some purposes (s6). These changes affect who can be sued, how fault is allocated, and insurers' exposure."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of this regulation changed from its original intent. The document contains only website metadata and status information, with no substantive provisions visible."},"complexity_factors":["Only administrative/metadata content was provided — no substantive provisions are visible for analysis","The regulation is a subordinate instrument (made under a parent Act), which adds one layer of legal hierarchy to understand","The automatic repeal (sunset) mechanism under the Subordinate Legislation Act 1989 adds a minor procedural complexity","The parent Act (Civil Liability Act 2002) is itself complex, but that complexity cannot be attributed to this regulation without seeing its content"],"plain_english_summary":"This is a New South Wales regulation made under the Civil Liability Act 2002 that took effect on 16 August 2024; the provided document contains only administrative metadata, not the regulation’s substantive rules, so specific changes can’t be analysed from it. It remains in force and is due for automatic repeal on 1 September 2029; it matters to anyone involved in personal injury or negligence matters in NSW (injured people, businesses, insurers, health providers, lawyers)."}},"importantCases":[],"_links":{"self":"/api/acts/civil-liability-regulation-2024","history":"/api/acts/civil-liability-regulation-2024/history","analysis":"/api/acts/civil-liability-regulation-2024/analysis","conflicts":"/api/acts/civil-liability-regulation-2024/conflicts","importantCases":"/api/acts/civil-liability-regulation-2024/important-cases","documents":"/api/acts/civil-liability-regulation-2024/documents"}}