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ARTICLE · 30 DECEMBER 2021

Recent developments for child abuse suffered in custody in NSW

Carroll & O'Dea
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The Civil Liability Act 2002 (NSW) has been amended so that Part 2A no longer applied to children abused in custody.

AustraliaLitigation, Mediation & Arbitration
Emily Katheklakis
Emily Katheklakis
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On 18 November 2021, the Civil Liability Amendment (Child Abuse) Act 2021 came into force.

This Act amends the Civil Liability Act (NSW) 2002 (CLA) to provide that Part 2A of that Act no longer applies to children in custody who have suffered "child abuse".

Under Part 2A, no damages are recoverable for offendors in custody (including children) for any personal injury, unless the injury results in the death of the person or in a degree of impairment which is at least 15% whole person impairment.

Please refer to my article "Personal Injury Claims for Clients in Custody"  as to how difficult this threshold is to overcome and other restrictions imposed by Part 2A.

If a person was under 18 years old at the time that they were in custody and suffered injuries as a result of "child abuse", then the 15% whole person impairment threshold and other restrictions will not apply.  Such claims can now be brought the same way as any other personal injury claim under

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