Section 26BC — Civil Liability Act 2002 (NSW)

(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.

Related sections

• 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
• s 26BD — Dismissal of court proceedings for failure to give notice or co-operate on claim
• s 26C — No damages unless permanent impairment of at least 15%
• s 26D — Assessment of permanent impairment

Research how courts apply s 26BC

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.