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ARTICLE · 30 DECEMBER 2021

Personal injury claims for clients in custody in NSW

Carroll & O'Dea
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If the injuries were sustained as a result of "child abuse", Part 2A of the Civil Liability Act 2002 no longer applies.

AustraliaLitigation, Mediation & Arbitration
Emily Katheklakis
Emily Katheklakis
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What damages may be available for clients who have suffered personal injuries whilst in custody?

Part 2A of the Civil Liability Act (NSW) 2002 (CLA) contains special provisions for offenders in custody.

For any claim for an injury suffered by a person while in custody, Part 2A applies, whether or not the injury was caused by an intentional act with intent to cause harm (an intentional tort) or by negligence.  Therefore, it applies in respect of injuries suffered as a result of accidents, the actions of the Officers and staff of the Correctional Centre and also other inmates of the Correctional Centre.

“Offender in custody” is defined under Section 26A of the CLA to include a child who has been detained under the Children (Detention Centre) Act 1987. However, if the injuries were sustained as a result of “child abuse”, Part 2A no longer applies.  Please refer to my article “Recent Developments for Child Abuse Suffered in Custody”.

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