Part 2A

(1) In this Part:

“CAS Act” means the Crimes (Administration of Sentences) Act 1999.

“injury” means personal injury and includes the following:

(a) impairment of a person’s physical or mental condition,

(b) disease.

“offender in custody” or “offender” means each of the following:

(a) an inmate within the meaning of the CAS Act, namely a person to whom Part 2 (Imprisonment by way of full-time detention) of that Act applies,

(b) an offender within the meaning of Part 3 (Imprisonment by way of intensive correction in the community) of the CAS Act,

(c) (Repealed)

(d) a detainee under the Children (Detention Centres) Act 1987,

(e) a person performing community service work under, or attending a place in compliance with the requirements of, an intensive correction order, a community correction order, or a children’s community service order as provided by the CAS Act or the Children (Community Service Orders) Act 1987, whether or not the person is an offender in custody under any other paragraph of this definition,

(f) a person in custody who is in the keeping of a correctional officer, as provided by Part 13 (Custody of persons during proceedings) of the CAS Act.

“personal injury damages” means damages that relate to the death of or injury to a person.

“protected defendant” means each of the following:

(a) the Crown (within the meaning of the Crown Proceedings Act 1988) and its servants,

(b) a Government department and members of staff of a Government department,

(c) a public health organisation (within the meaning of the Health Services Act 1997) and members of staff of a public health organisation,

(d) any person having public official functions or acting in a public official capacity (whether or not employed as a public official), but only in relation to the exercise of the person’s public official functions,

(e) a management company or submanagement company (within the meaning of the CAS Act) and members of staff of such a company.

(2) (Repealed)

(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.