New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26P

26P Commencement of victim claims proceedings despite expiry of limitation period

(1) If there is a victim trust fund for victims of an offender, an action on a cause of action to recover damages pursuant to a victim claim against the offender is (despite any provision of the Limitation Act 1969 ) maintainable by proceedings on the cause of action commenced during the eligibility period for the victim trust fund.

(2) The right and title to damages of a person formerly having such a cause of action that has been extinguished by the expiration of a limitation period fixed by or under the Limitation Act 1969 is reinstated for the purposes of proceedings on the cause of action that are commenced during the eligibility period for the victim trust fund.

(3) However, an award of damages in proceedings commenced under this section (that could not otherwise be commenced)--

(a) has effect only for the purpose of enabling an order to be made under this Division for the payment of the whole or a specified part of those damages out of money held in the victim trust fund concerned, and

(b) cannot otherwise be enforced against the offender concerned or any property of the offender.