Civil Liability Act 2002

The definition of offender in custody or offender in section 26A(1) includes, and is taken to have always included, the following—

an inmate within the meaning of the Correctional Centres Act 1952,

a prisoner within the meaning of the Prisons Act 1952,

a periodic detainee within the meaning of the Periodic Detention of Prisoners Act 1981,

an offender for whom a home detention order was made under the Home Detention Act 1996,

a person performing community service work under, or attending a place in compliance with the requirements of, a community service order as provided by the Community Service Orders Act 1979, whether or not the person is an offender in custody under any other paragraph of this definition.

This clause extends to civil liability arising, and any award of damages in respect of such civil liability made, before the commencement of this clause.

This clause does not affect any final determination of legal proceedings made by a court or tribunal before the commencement of this clause.

Despite subclause (3), this clause does apply for the purpose of the application of Division 6 of Part 2A to an award of damages made against a protected defendant before the commencement of this clause (even if any proceedings resulting in or in respect of that award were finally determined before that commencement). This clause does not apply for that purpose if the award has been wholly or partly satisfied (before or after the commencement of this clause) by payment to or at the direction of the person to whom the damages were awarded.