New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26N

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.