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CIVIL LIABILITY ACT 2002 - SECT 26N
Notice to persons entitled to make victim claim
26N Notice to persons entitled to make victim claim
(1) The protected defendant responsible for a victim trust fund must send to
each person who appears (from any information reasonably available to the
protected defendant) to have a victim claim against the offender a notice in
writing-- (a) naming the offender and stating that there is a
victim trust fund for victims of the offender, and
(b) specifying the
eligibility period for that victim trust fund, and
(c) stating that a
victim claim made within the eligibility period for the victim trust fund may
be eligible to be satisfied from the victim trust fund.
(1A) The notice must
be sent as far as practicable within 28 days after the award date for the
damages concerned (but this subsection does not prevent the notice from being
sent more than 28 days after the award).
(2) The notice is to be sent to a
person at the address of the person last known to the protected defendant or
as disclosed by any information reasonably available to the
protected defendant.
(3) The protected defendant may also publish such a
notice in the Gazette.
(4) To remove doubt,
"victim claim" in this section includes a victim claim that can be made as a
result of section 26P (Commencement of victim claims proceedings despite
expiry of limitation period).
(5) The Commissioner of Police is authorised to
provide a protected defendant with any information in the Commissioner's
possession that the protected defendant may reasonably require for-- (a)
identifying and contacting persons who may have a victim claim against the
offender, or
(b) determining whether a person appears to have a victim claim
against the offender.
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