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PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 3 Interpretation

PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 3

Interpretation

    (1)     In this Act, unless the contrary intention appears:

"act" includes omission.

"associated trust", for Part 3A, see section 17K(4).

"child "means an individual who is under the age of 18 years.

"child abuse "means any of the following perpetrated against a child:

        (a)     sexual abuse;

        (b)     serious physical abuse;

        (c)     psychological abuse that arises from abuse specified in paragraph (a) or (b) or both.

"civil wrong", for Part 4A, see section 32A.

"civil wrong settlement", for Part 4A, see section 32A.

"claim" means a claim for damages.

"claimant" means a person making a claim.

"contract "includes subcontract and any further contract made under the subcontract.

"court" means the court or tribunal in which a claim is made.

"damages" means damages for a personal injury.

"delegation "includes subdelegation and any further delegation made under the subdelegation.

"incident" means the incident, accident, circumstances or act alleged to have caused a personal injury.

individual associated with an institution , for Part 3A, see section 17C.

"injured person" means a person who suffers a personal injury.

"intoxicated" means under the influence of alcohol or a drug to the extent that the capacity to exercise proper care and skill is significantly impaired.

"management member", for Part 3A, see section 17A.

"offender", for Part 4A, see section 32A.

"personal injury" includes:

        (a)     a fatal injury;

        (b)     a prenatal injury;

        (c)     a psychological or psychiatric injury;

        (d)     a disease; and

        (e)     the aggravation, exacerbation or acceleration of a pre-existing injury.

"proceeding" means a proceeding in respect of a claim.

"proper respondent", for Part 3A, see section 17A.

"public entity defendant", for Part 4A, see section 32C.

"Public Trustee "means the Public Trustee appointed under section 8 of the Public Trustee Act 1979 .

"respondent" means a person from whom a claimant seeks damages.

unincorporated institution , for Part 3A, see section 17A.

"victim claim", for Part 4A, see section 32A.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

    (2)     For subsection (1), definition child abuse , paragraph (b), conduct that was lawful at the time it occurred is not child abuse.