NSWIn ForceAct
Civil Liability Act 2002
26ADefinitions
Start here
Get a plain-English read of 26A
Turn the raw legal text into a practical explanation grounded in Civil Liability Act 2002.
#### 26A Definitions
26A Definitions
> > (1) In this Part—
> >
> > CAS Act means the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093).
> >
> > injury means personal injury and includes the following—
> >
> > > (a) impairment of a person’s physical or mental condition,
> >
> > > (b) disease.
> >
> > offender in custody or offender means each of the following—
> >
> > > (a) an inmate within the meaning of the CAS Act, namely a person to whom Part 2 (Imprisonment by way of full-time detention) of that Act applies,
> >
> > > (b) an offender within the meaning of Part 3 (Imprisonment by way of intensive correction in the community) of the CAS Act,
> >
> > > (c) (Repealed)
> >
> > > (d) a detainee under the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057),
> >
> > > (e) a person performing community service work under, or attending a place in compliance with the requirements of, an intensive correction order, a community correction order, or a children’s community service order as provided by the CAS Act or the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056), whether or not the person is an offender in custody under any other paragraph of this definition,
> >
> > > (f) a person in custody who is in the keeping of a correctional officer, as provided by Part 13 (Custody of persons during proceedings) of the CAS Act.
> >
> > personal injury damages means damages that relate to the death of or injury to a person.
> >
> > protected defendant means each of the following—
> >
> > > (a) the Crown (within the meaning of the [Crown Proceedings Act 1988](/view/html/inforce/current/act-1988-070)) and its servants,
> >
> > > (b) a Government department and members of staff of a Government department,
> >
> > > (c) a public health organisation (within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)) and members of staff of a public health organisation,
> >
> > > (d) any person having public official functions or acting in a public official capacity (whether or not employed as a public official), but only in relation to the exercise of the person’s public official functions,
> >
> > > (e) a management company or submanagement company (within the meaning of the CAS Act) and members of staff of such a company.
>
> > (2) (Repealed)
>
> **s 26A:** Ins 2004 No 29, Sch 1 \[3\]. Am 2005 No 9, Sch 1 \[1\]; 2007 No 84, Sch 1 \[1\] \[2\]; 2010 No 48, Sch 5.3; 2017 No 53, Sch 4.8 \[1\] (am 2018 No 25, Sch 1.6 \[12\]) \[2\].