New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
CIVIL LIABILITY ACT 2002 - SECT 26Q
Orders for payment of damages out of money held in trust for victims of offender
26Q Orders for payment of damages out of money held in trust for victims of
offender
(1) A court that awards damages to a person on a victim claim against an
offender may, if satisfied that the claim is eligible to be satisfied from a
victim trust fund for victims of the offender, order that the whole or a
specified part of those damages is to be paid out of money held in the
victim trust fund.
(2) Before the court orders the payment of damages out of
money held in the victim trust fund, the court must consider-- (a) whether
there are or are likely to be other victim claims eligible to be satisfied
from the victim trust fund that may be ordered to be wholly or partly
satisfied by payment from the victim trust fund, and
(b) the amount of the
damages likely to be awarded in respect of those claims.
(3) In determining
the amount of any damages to be ordered to be paid out of a victim trust fund,
a court must ensure that the amount ordered to be paid-- (a) is fair and
reasonable having regard to the existence of other claims that are eligible to
be satisfied from the fund and that may be ordered to be wholly or partly
satisfied by payment from the fund, and the amounts likely to be awarded in
respect of those claims, and
(b) does not, as a proportion of the amount of
the victim trust fund, exceed the proportion that the damages awarded
represents as a proportion of the total damages likely to be awarded in
respect of all claims eligible to be satisfied from the fund.
(4) A court may
defer making an order for the payment of damages out of a victim trust fund
until the court is satisfied that it is able to make a reasonable assessment
of the extent of claims eligible to be satisfied from the fund.
(5) The
payment of an amount out of a victim trust fund in accordance with an order of
a court under this section is taken to be a payment made at the direction of
the offender and operates as a discharge, to the extent of the payment, of--
(a) the liability of the protected defendant to pay the amount to the offender
concerned as offender damages, and
(b) the obligation of the NSW Trustee and
Guardian to hold the amount in trust for the offender concerned.
(6) An order
of a court under this section is not subject to appeal except on a question of
law.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback