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CIVIL LIABILITY ACT 2002 - SECT 26M
Victim trust fund available to satisfy eligible victim claims
26M Victim trust fund available to satisfy eligible victim claims
(1) A victim trust fund is available to satisfy victim claims against the
offender concerned as provided by this Division but only if the claim is
"eligible" to be satisfied from the victim trust fund as provided by this
section.
(2) A victim claim is
"eligible" to be satisfied from a victim trust fund only if within the
"eligibility period" for the victim trust fund-- (a) the person commences
proceedings on the claim in a court (or proceedings by the person on the claim
are pending in a court at the beginning of the eligibility period), and
(b)
the person gives the protected defendant responsible for the victim trust fund
notice in writing of those proceedings together with such details of those
proceedings as the protected defendant may request, and
(c) the person
certifies to the court before which those proceedings are taken that the
person is making the claim as a claim that is eligible to be satisfied from
the victim trust fund.
(3) The
"eligibility period" for a victim trust fund comprising offender damages
awarded to an offender is the period of 12 months following the date (the
"award date" for those damages) on which the claim for those damages is
finally determined by a court award of those damages.
(4) A claim is not
finally determined if-- (a) any period for bringing an appeal as of right in
respect of the claim has not expired (ignoring any period that may be
available by way of extension of time to appeal), or
(b) any appeal in
respect of the claim is pending (whether or not it is an appeal brought as of
right).
(5) The protected defendant responsible for a victim trust fund must
give the registrar of each court in which a victim claim may be brought notice
of each victim claim of which the protected defendant is given notice under
this section.
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