Section 26A — Civil Liability Act 2002 (NSW)

(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)
(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)

Related sections

• s 24 — Court may make consent order for structured settlement
• s 25 — Obligation of Australian legal practitioners to provide advice
• s 26 — Offer of structured settlement—legal costs
• s 26B — Application of Part
• s 26BA — Protected defendant must be given notice of incident giving rise to claim
• s 26BB — Claimant must comply with requests for information

Research how courts apply s 26A

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