26KInterpretation

#### 26K Interpretation 26K Interpretation > > (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— > > > > > (a) 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 > > > > > (b) 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 impairment, or > > > > > > > (ii) a cognitive impairment, or > > > > > > > (iii) both, and > > > > > (c) applies 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. > > **s 26K:** Ins 2005 No 76, Sch 1 \[1\]. Am 2020 No 12, Sch 3.4A\[2\] (am 2020 No 26, Sch 1.12\[1\]).