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New South Wales regulation
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.
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Direct links to the current provisions in Civil Liability Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Civil Liability Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Civil Liability Act 2002.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Liability of public authorities—the Act, s 41
(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—
(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,
(b) in relation to a function exercised by or for Water NSW in the Sydney catchment area—Water NSW.
(2) In this section—
non-government school has the same meaning as in the Education Act 1990.
Sydney catchment area has the same meaning as in the Water NSW Act 2014.
5 Proportionate liability—the Act, s 3B(3)
(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—
(a) the Act, Part 4,
(b) the Act, Schedule 1, clauses 6 and 13 in the application of the clauses to the Act, Part 4.
(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—
(a) a building action,
(b) a subdivision action,
(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, Division 6.6—
(i) defective building work,
(ii) defective subdivision work.
(3) In this section—
building action has the same meaning as in the Environmental Planning and Assessment Act 1979, Part 4C, as in force immediately before 1 March 2018.
building work has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 6.6.
subdivision action has the same meaning as in the Environmental Planning and Assessment Act 1979, Part 4C, as in force immediately before 1 March 2018.
subdivision work has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 6.6.
6 Individual akin to an employee—the Act, s 6G(4)
(1) Despite the Act, section 6G(3)(b), an individual is akin to an employee if—
(a) the activities carried out by the individual are carried out in the individual’s capacity as an authorised residential care worker, and
(b) the individual is otherwise akin to an employee for the Act, section 6G.
(2) In this section—
authorised residential care worker has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.
7 Repeal and savings
(1) The Civil Liability Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Civil Liability Regulation 2019, had effect under that regulation continues to have effect under this regulation.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Civil Liability Regulation 2024.
2 Commencement
This regulation commences on the day on which it is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Civil Liability Regulation 2019, which would otherwise be repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this regulation—
the Act means the Civil Liability Act 2002.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Liability of public authorities—the Act, s 41
(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—
(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,
(b) in relation to a function exercised by or for Water NSW in the Sydney catchment area—Water NSW.
(2) In this section—
non-government school has the same meaning as in the Education Act 1990.
Sydney catchment area has the same meaning as in the Water NSW Act 2014.
5 Proportionate liability—the Act, s 3B(3)
(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—
(a) the Act, Part 4,
(b) the Act, Schedule 1, clauses 6 and 13 in the application of the clauses to the Act, Part 4.
(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—
(a) a building action,
(b) a subdivision action,
(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, Division 6.6—
(i) defective building work,
(ii) defective subdivision work.
(3) In this section—
building action has the same meaning as in the Environmental Planning and Assessment Act 1979, Part 4C, as in force immediately before 1 March 2018.
building work has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 6.6.
subdivision action has the same meaning as in the Environmental Planning and Assessment Act 1979, Part 4C, as in force immediately before 1 March 2018.
subdivision work has the same meaning as in the Environmental Planning and Assessment Act 1979, Division 6.6.
6 Individual akin to an employee—the Act, s 6G(4)
(1) Despite the Act, section 6G(3)(b), an individual is akin to an employee if—
(a) the activities carried out by the individual are carried out in the individual’s capacity as an authorised residential care worker, and
(b) the individual is otherwise akin to an employee for the Act, section 6G.
(2) In this section—
authorised residential care worker has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998.
7 Repeal and savings
(1) The Civil Liability Regulation 2019 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Civil Liability Regulation 2019, had effect under that regulation continues to have effect under this regulation.