Civil Liability Act 2002

An offender in custody is considered to be a vulnerable offender for the purposes of this Division if—

the offender has a reasonable apprehension that the offender’s safety will be put at risk if the offender gives notice as required by section 26BA or complies with a request of the protected defendant under section 26BB, and

the offender has (as a result of that reasonable apprehension) applied to be placed in protective custody or transferred to another correctional facility.

The offender ceases to be a vulnerable offender when any of the following happens—

the offender is transferred to another correctional facility or placed in protective custody in response to the offender’s application,

the offender declines an offer to be transferred to another correctional facility or be placed in protective custody in response to the offender’s application,

the offender’s application is rejected on the ground that the offender has failed to establish that the application is made on reasonable grounds.