Part 2A

(1) This Part applies to and in respect of an award of personal injury damages against a protected defendant in respect of:

(a) an injury to a person received while the person was an offender in custody, or

(b) the death of a person resulting from or caused by an injury to the person received while the person was an offender in custody, being an injury caused by the negligence (that is, the failure to exercise reasonable care and skill) of the protected defendant or caused by the tort (whether or not negligence) of another person for whose tort the protected defendant is vicariously liable.

(2) This Part does not apply to:

(a) an award of damages pursuant to an action under the Compensation to Relatives Act 1897, or

(b) an award of damages for mental harm (within the meaning of Part 3) to a person who was not an offender in custody at the time of the incident that resulted in the mental harm.

(3) Part 2 is subject to this Part.

(4) Section 19 (Third party contributions) extends to an award of damages to which this Part applies as if that section were a provision of this Part.

(5) A reference in Divisions 2-5 to an offender includes a reference to a person who, subsequent to the injury concerned, ceases to be an offender.

(1)   A claimant must comply with any reasonable request by the protected defendant to furnish specified information, or to produce specified documents or records, for the purpose of providing the protected defendant with sufficient information.

(a)  to be satisfied as to the validity of the claim and, in particular, to assess whether the claim or any part of the claim may be fraudulent, and

(b)  to be able to make an early assessment of liability, and

(c)  to be able to make an informed offer of settlement.

(2)   The reasonableness of a request under this section may be assessed having regard to criteria including the following:

(a)  the amount of time the claimant needs to comply with the request,

(b)  whether the information sought is cogent and relevant to a determination of liability or quantum of loss, having regard to the nature of the claim,

(c)  the amount of information that has already been supplied to or is available to the protected defendant to enable liability and quantum of loss to be assessed and an offer of settlement made,

(d)  how onerous it will be for the claimant to comply with the request,

(e)  whether the information is privileged,

(f)   whether the information sought is sufficiently specified,

(g)  the time of the request and whether the claimant will be delayed in commencing proceedings by complying with the request.

(3)   A claimant is not required to comply with a requirement under this section while the claimant is a vulnerable offender under section 26BC.

(4)   The duty under this section applies only until court proceedings are commenced.

(1)   An offender in custody is considered to be a vulnerable offender for the purposes of this Division if:

(a)  the offender has a reasonable apprehension that the offender’s safety will be put at risk if the offender gives notice as required by section 26BA or complies with a request of the protected defendant under section 26BB, and

(b)  the offender has (as a result of that reasonable apprehension) applied to be placed in protective custody or transferred to another correctional facility.

(2)   The offender ceases to be a vulnerable offender when any of the following happens:

(a)  the offender is transferred to another correctional facility or placed in protective custody in response to the offender’s application,

(b)  the offender declines an offer to be transferred to another correctional facility or be placed in protective custody in response to the offender’s application,

(c)  the offender’s application is rejected on the ground that the offender has failed to establish that the application is made on reasonable grounds.