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CIVIL LIABILITY ACT 2002 - SECT 54C
Application of Division
54C Application of Division
(1) This Division applies to an award of damages to which this Part applies
if- (a) the award is made in respect of a civil liability that arises out of
injury or damage to the person, and
(b) the injury or damage occurred at the
time of, or following, conduct of the person that, on the balance of
probabilities, would have constituted a serious offence if the person had not
had a mental health impairment or a cognitive impairment at the time of the
conduct, and
(c) the conduct contributed materially to the injury or damage
or to the risk of injury or damage.
(2) This Division does not apply to
offender damages within the meaning of Division 6 of Part 2A.
(3) This
Division does not apply to an award of damages against a defendant if the
conduct of the defendant that caused the death, injury or damage concerned-
(a) constitutes an offence (whether or not a serious offence), or
(b) would
have constituted an offence (whether or not a serious offence) if
the defendant had not had a mental health impairment or a cognitive impairment
at the time of the conduct.
(4) This Division does not apply to an award of
damages made before the commencement of this Division.
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