New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26K

26K Interpretation

(1) In this Division-

"award" of damages means an award of damages by a court (including such an award pursuant to judgment entered in accordance with an agreement between the parties to a claim for damages).

"offender" means a person to whom an award of offender damages is made.

"offender damages" means personal injury damages awarded pursuant to an award to which this Part applies.

Note : For the purposes of this Division, this Part has an extended application. See Part 7 of Schedule 1.

"victim claim" means a claim for personal injury damages in respect of-

(a) an injury to a person caused by conduct of an offender that, on the balance of probabilities, constitutes an offence, or

(b) the death of a person caused by or resulting from an injury to the person caused by conduct of an offender that, on the balance of probabilities, constitutes an offence.

"victim trust fund" means offender damages awarded to an offender that are held on trust under this Division.

(2) The definition of
"victim claim" in this section-

(a) operates whether or not a person whose conduct is alleged to constitute an offence has been, will be or is capable of being proceeded against or convicted of any offence concerned, and

(b) extends to conduct of a person that would have constituted an offence if the person had not at the time of the conduct had-

(i) a mental health impairment, or

(ii) a cognitive impairment, or

(iii) both, and

(c) applies whether or not-

(i) a special verdict of act proven but not criminally responsible is entered concerning that conduct, or

(ii) the person was found by a court to be unfit to be tried for an offence.