South Australia is one of two Australian jurisdictions operating a pure fault-based CTP scheme (no statutory benefits), and has the lowest non-pecuniary loss cap among Australian states.
South Australia operates a pure fault-based CTP scheme (no no-fault statutory benefits, only at-fault claims succeed). The non-pecuniary loss cap is among the lowest in Australia at approximately AU$354,000. Limitation is three years.
Limitation of Actions Act 1936 (SA)
Contributory-negligence reduction under Civil Liability Act 1936 (SA).
Caps and ceilings imposed by South Australia law that bear on settlement values.
Civil Liability Act 1936 (SA)
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under South Australia law.
How South Australia compares to its sibling jurisdictions in Australia on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| South Australia | Common-law contributory reduction | 3 years from discoverability |
| New South Wales (NSW) | Common-law contributory reduction | 3 years from discoverability |
| Victoria (VIC) | Common-law contributory reduction | 3 years from discoverability (subject to 12-year longstop) |
| Queensland (QLD) | Common-law contributory reduction | 3 years from discoverability |
| Western Australia (WA) | Common-law contributory reduction | 3 years from discoverability with 12-year longstop |
| Tasmania (TAS) | Common-law contributory reduction | 3 years from discoverability |
| Australian Capital Territory (ACT) | Common-law contributory reduction | 3 years from discoverability |
| Northern Territory (NT) | No-fault statutory scheme | 3 years |
Common questions about personal injury claims in South Australia, answered with the relevant statutory references.
This page summarises the South Australia statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult a lawyer licensed in South Australia. See /methodology, /sources, and /disclaimer.
