New South Wales Consolidated Acts
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CIVIL LIABILITY ACT 2002 - SECT 26K
(1) In this Division--
"award" of damages means an award of damages by a court (including such an
award pursuant to judgment entered in accordance with an agreement between the
parties to a claim for damages).
"offender" means a person to whom an award of offender damages is made.
"offender damages" means personal injury damages awarded pursuant to an award
to which this Part applies.
Note : For the purposes of this Division, this
Part has an extended application. See Part 7 of Schedule 1.
"victim claim" means a claim for personal injury damages in respect of--
an injury to a person caused by conduct of an offender that, on the balance of
probabilities, constitutes an offence, or
(b) the death of a person caused by
or resulting from an injury to the person caused by conduct of an offender
that, on the balance of probabilities, constitutes an offence.
"victim trust fund" means offender damages awarded to an offender that are
held on trust under this Division.
(2) The definition of
"victim claim" in this section--
(a) operates whether or not a person whose
conduct is alleged to constitute an offence has been, will be or is capable of
being proceeded against or convicted of any offence concerned, and
extends to conduct of a person that would have constituted an offence if the
person had not at the time of the conduct had--
(i) a mental health
(ii) a cognitive impairment, or
(iii) both, and
whether or not--
(i) a special verdict of act proven but not criminally
responsible is entered concerning that conduct, or
(ii) the person was found
by a court to be unfit to be tried for an offence.
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