54CApplication of Division

#### 54C Application of Division 54C Application of Division > > (1) This Division applies to an award of damages to which this Part applies if— > > > > > (a) the award is made in respect of a civil liability that arises out of injury or damage to the person, and > > > > > (b) the injury or damage occurred at the time of, or following, conduct of the person that, on the balance of probabilities, would have constituted a serious offence if the person had not had a mental health impairment or a cognitive impairment at the time of the conduct, and > > > > > (c) the conduct contributed materially to the injury or damage or to the risk of injury or damage. > > > (2) This Division does not apply to offender damages within the meaning of Division 6 of Part 2A. > > > (3) This Division does not apply to an award of damages against a defendant if the conduct of the defendant that caused the death, injury or damage concerned— > > > > > (a) constitutes an offence (whether or not a serious offence), or > > > > > (b) would have constituted an offence (whether or not a serious offence) if the defendant had not had a mental health impairment or a cognitive impairment at the time of the conduct. > > > (4) This Division does not apply to an award of damages made before the commencement of this Division. > > **s 54C:** Ins 2005 No 73, Sch 2 \[2\]. Am 2020 No 12, Sch 3.4A\[4\] (am 2020 No 26, Sch 1.12\[1\]).