Application of offender damages provisions to existing injuries and pending claims
16 Application of offender damages provisions to existing injuries and pending claims
Part 2A of this Act extends to an award of personal injury damages that relates to an injury received, or to a death resulting from an injury received, whether before or after the commencement of that Part.
However, Part 2A of this Act does not apply to or in respect of—
an award of damages in proceedings commenced in a court before 15 January 2004, or
Note.
15 January 2004 is the date of the Minister’s announcement of the proposal to enact Part 2A.
an award of damages in proceedings commenced in a court before the date of introduction into Parliament of the Bill for the Civil Liability Amendment (Offender Damages) Act 2004 if the award is in respect of an injury (or death resulting from an injury) to a person received while the person was a detainee under the Children (Detention Centres) Act 1987 or while performing community service work under a children’s community service order as provided by the Children (Community Service Orders) Act 1987, or
an award of damages, or settlement or consent order in respect of damages, made before 19 November 2004 (being the day on which Part 2A commenced).
This Act’s bill:Explanatory memorandumSecond reading speech
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