186Rules governing compensation

1. No compensation may be awarded under section 185 unless the court is satisfied, on a balance of probabilities,—

2. that there was an act or omission of the kind referred to in section 185; and
3. that the loss or damage resulted from that act or omission.

4. Despite any other enactment, the amount awarded to any applicant under section 185 may, in the aggregate, amount to $50,000, but must not exceed that amount.

5. In determining the amount (if any) to be awarded to any applicant under section 185, the court—

6. must have regard to any behaviour of the applicant that directly or indirectly contributed to the loss or damage, and to any failure by the applicant to take reasonable steps to avoid or mitigate the loss or damage; and
7. must deduct any payments received by the applicant by way of compensation or damages from the escaper or any person on the escaper's behalf, or under the Injury Prevention, Rehabilitation, and Compensation Act 2001, in respect of the loss or damage; and
8. must deduct any payments received by, or payable to, the applicant under any policy of insurance in respect of the property; and
9. may have regard to any other circumstances that it considers relevant.

10. For the purposes of subsection (3)(a), a failure by the applicant to insure against the loss or damage must, if the court considers that the failure was imprudent, having regard to the circumstances of the case and to normal practice, be treated as a failure to take reasonable steps to avoid the loss or damage.

11. No compensation may be awarded under this section unless the application is made within 1 year from the time the loss or damage occurs, but the court may, at any time before or after the expiry of that period, extend the time for making an application for any further period if, in the circumstances of the case, the court considers it appropriate to do so.

12. If any compensation is awarded under section 185, any right of action the applicant may have against the escaper is subrogated,—

13. subject to paragraph (b), if, at the time the escaper escaped, the escaper was a prisoner of a contract prison, to the contractor responsible for managing that prison:
14. despite paragraph (a), if, at the time the escaper escaped, the escaper was under the control of a security officer, to the security contractor by whom that security officer was employed at the time:
15. in any other case, to the Crown.