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CORRECTIONS ACT 1986 - SECT 104U

Matters to be considered by court

    (1)     This section applies to—

        (a)     an award of damages by a court for a civil wrong; and

        (b)     an agreement between the State and a prisoner for the payment of damages for a civil wrong.

    (2)     The court must not make the award or approve the agreement unless the court is satisfied—

        (a)     that section 104T(1) has been complied with; and

        (b)     that, in all the circumstances, the amounts specified for the purposes of section 104T(1) are appropriate portions of the total amount payable under the award or agreement having regard to—

              (i)     the claim; and

              (ii)     the loss or damage suffered by the prisoner; and

              (iii)     the need to ensure as far as possible that victims are not deprived of an opportunity to enforce a successful claim for damages against a prisoner.

    (3)     If legal costs are to be assessed and paid under an order made on taxation, the legal costs are taken under this Part to be specified in the award of damages.

Division 3—Payment of money to prisoner compensation quarantine fund

S. 104V inserted by No. 50/2008 s. 3.



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