Civil Liability Regulation 2024

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—

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,

in relation to a function exercised by or for Water NSW in the Sydney catchment area—Water NSW.

In this section—

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—

the Act, Part 4,

the Act, Schedule 1, clauses 6 and 13 in the application of the clauses to the Act, Part 4.

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 building action,

a subdivision action,

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—

defective building work,

defective subdivision work.

In this section—

Despite the Act, section 6G(3)(b), an individual is akin to an employee if—

the activities carried out by the individual are carried out in the individual’s capacity as an authorised residential care worker, and

the individual is otherwise akin to an employee for the Act, section 6G.

In this section—

The Civil Liability Regulation 2019 is repealed.

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.