Victorian Current Acts

CORRECTIONS ACT 1986 - SECT 104O

In this Part—

"agreement" includes compromise and acceptance of an offer of compromise;

award of damages means damages—

        (a)     awarded pursuant to a judgment of a court; or

        (b)     paid or payable in accordance with an agreement between the parties to the agreement;

"civil wrong" means an act or omission of the State—

        (a)     that gives rise to a claim by a prisoner against the State; and

        (b)     that occurred while the claimant was a prisoner detained in custody in a prison; and

        (c)     that arose out of and in connection with his or her detention in custody in a prison;

"claim" means a claim brought in tort, in contract or under statute or otherwise;

"court" includes tribunal;

criminal act has the meaning given in section 104Q;

"damages" includes any form of monetary compensation;

"family member" has the same meaning as in section 30A ;

"initial quarantine period", in relation to a prisoner compensation quarantine fund, means the period of 12 months following the publication in the Government Gazette of the notice in respect of the fund under section 104Y;

"prisoner" includes former prisoner;

prisoner compensation quarantine fund has the meaning given in section 104V;

"quarantine period", in relation to a prisoner compensation quarantine fund relating to a prisoner, means—

        (a)     the initial quarantine period; and

        (b)     the period ending on the final determination of all legal proceedings by victims against the prisoner which are commenced within the initial quarantine period and which are notified to the Secretary under section 104ZE(1);

"State" includes—

        (a)     the Secretary; and

        (b)     a contractor responsible for the management or operation of a prison; and

        (c)     any employee of the Crown or of a person referred to in paragraph (a) or (b);

victim has the meaning given in section 104R.

S. 104P inserted by No. 50/2008 s. 3.