New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26L

26L Offender damages to be held in trust as victim trust fund

(1) The protected defendant liable to pay offender damages awarded to an offender is to pay those damages to the NSW Trustee and Guardian to be held in trust for the offender and paid out only as authorised by this Division.

(2) Offender damages held in trust for an offender under this Division comprise a
"victim trust fund" for victims of the offender. The protected defendant liable to pay those damages is
"responsible" for the fund.

(3) This section does not affect (and is subject to) any obligation imposed on the protected defendant by or under an enactment of the State or the Commonwealth to pay to some other person money owed or due to or held on account of the offender.

Note : Section 26T also provides an exception to this section for legal costs.

(4) An amount deducted or withheld from offender damages under Division 5 (Victims support payments owed by offender) is not required to be held in trust under this section.

(5) An amount held in a victim trust fund for victims of an offender is--

(a) not available for the payment of a creditor of the offender, and

(b) not liable to be attached or taken in execution at the instance of a creditor of the offender.

(6) While offender damages are held in a victim trust fund, the liability of a protected defendant to pay those damages is suspended.