New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26A

26A Definitions

(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 periodic detention) of the CAS Act,

(c) an offender within the meaning of Part 4 (Imprisonment by way of home detention) of the CAS Act,

(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, a community service order or 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.