Section 3B(1)(a) of the Civil Liability Act 2002 (NSW), as it stood before the 2006 amendment, excluded only the civil liability of the person who committed the intentional act, not the negligence liability of a third party (such as the State) for failing to prevent that act. The 2006 amendment clarified rather than changed this position. A first instance judgment constitutes a 'final determination' for the purposes of transitional provisions in Schedule 1 of the Act, unless and until set aside on appeal. The definition of 'personal injury damages' in Part 2 does not extend to damages in proceedings commenced before the Act's commencement, and this limitation carries through to Part 2A.
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