1 Name of Regulation
This Regulation is the Civil Liability Regulation 2019.
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website.Note—This Regulation repeals and replaces the Civil Liability Regulation 2014, which would otherwise be repealed on 1 September 2019 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definition
(1) 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.(2) Notes included in this Regulation do not form part of this Regulation.
4 Liability of public authorities
The following are prescribed as authorities to which Part 5 of the Act applies—(a) a person or body that conducts a non-government school (within the meaning of the Education Act 1990), in respect of any function exercised by or on behalf of that person or body in connection with the conduct of that school,(b) Water NSW, in respect of any function exercised by or on behalf of Water NSW in the Sydney catchment area (within the meaning of the Water NSW Act 2014).
5 Proportionate liability
(1) Any civil liability to which Part 4 of the Act would have applied but for this clause is excluded from the operation of that Part, and from the operation of clauses 6 and 13 of Schedule 1 to the Act in their application to that Part, if the liability arose before 26 July 2004.(2) Subclause (1) does not apply to any civil liability in respect of the following actions commenced on or after 1 December 2004 (even if liability arose before 26 July 2004)—(a) a building action or subdivision action (within the meaning of Part 4C of the Environmental Planning and Assessment Act 1979 as in force immediately before 1 March 2018),(b) a civil action for loss or damage arising out of or in connection with defective building work or defective subdivision work (as referred to in Division 6.6 of Part 6 of the Environmental Planning and Assessment Act 1979).(3) Part 4 of the Act applies in respect of an action referred to in subclause (2).
6 Repeal and savings
(1) The Civil Liability Regulation 2014 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Civil Liability Regulation 2014, had effect under that Regulation continues to have effect under this Regulation.