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CIVIL LIABILITY ACT 2002 - SECT 26R
Payment to offender of trust fund surplus
(1) When the protected defendant responsible for a victim trust fund is
satisfied that all claims eligible to be satisfied from the fund have been
finally determined, the protected defendant is to make a determination of the
surplus (if any) in the fund.
(1A) 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).
(2) A court that awards damages to
a person on a victim claim against an offender may give directions to the
protected defendant concerned in respect of the determination by the
protected defendant of the surplus (if any) in the victim trust fund
concerned.
(3) If a protected defendant responsible for a victim trust fund
determines and certifies to the NSW Trustee and Guardian that there is a
surplus in the fund, the NSW Trustee and Guardian must pay the certified
surplus to or at the direction of the offender concerned.
(4) The
"surplus" in a victim trust fund is the amount that will remain in the fund
after payment out of the fund of the following amounts-- (a) the amount of all
claims eligible to be satisfied from the fund that are ordered by a court
under this Division to be paid out of the fund,
(b) all amounts payable to
the NSW Trustee and Guardian out of the fund.
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