(2) A
"victim support payment" is an amount ordered to be paid by the offender by an
order for restitution under Division 2 of Part 5 of the
Victims Rights and Support Act 2013 .
(3) In the case of an amount ordered
to be paid by the offender pursuant to a provisional order for restitution
under Division 2 of Part 5 of the Victims Rights and Support Act 2013 , the
protected defendant may (while the provisional order is pending) withhold that
amount from the damages payable to the offender.
(3A) A protected defendant
who withholds an amount under subsection (3) may require the NSW Trustee and
Guardian to hold the amount on its behalf. However, the protected defendant
must require the NSW Trustee and Guardian to hold the amount if the offender
requests it.
(3B) Interest is payable on an amount that is withheld under
subsection (3). The amount of interest payable on the withheld amount is--
(a)
if the protected defendant has retained the withheld amount--the amount of
interest determined in accordance with the provisions relating to interest
payable under a judgment of the same amount of the Local Court in proceedings
on a statement of claim under the Civil Procedure Act 2005 , or
(b) if the
NSW Trustee and Guardian holds the withheld amount for the
protected defendant--the amount of interest received by the NSW Trustee and
Guardian in respect of the investment of the amount as provided by the
NSW Trustee and Guardian Act 2009 .
(3C) If the provisional order for
restitution on the basis of which an amount was withheld under subsection (3)
is confirmed under the Victims Rights and Support Act 2013, any interest
payable on the withheld amount under this section must be paid as follows--
(a) if the NSW Trustee and Guardian holds the withheld amount for the
protected defendant--the reasonable costs of the NSW Trustee and Guardian in
connection with that holding are to be paid out of the interest,
(b) if the
amount ordered for restitution is not reduced on the confirmation--all of the
interest (or remaining interest after payment of the NSW Trustee and
Guardian's costs) must be paid to the person (
"payee" ) to whom the order for restitution requires payment to be made or, if
there is more than one payee, to each payee in the same proportion as
corresponds to the payee's proportion of the total amount of restitution,
(c)
if the amount ordered for restitution is reduced on the confirmation--
(i) the
offender must be paid the proportion of the interest (or remaining interest
after payment of the NSW Trustee and Guardian's costs) that corresponds to the
proportion by which the withheld amount was reduced, and
(ii) the rest of the
interest must be paid to the payee or, if there is more than one payee, to
each payee in the same proportion as corresponds to the payee's proportion of
the reduced amount.
(4) The protected defendant or the NSW Trustee and
Guardian (as the case may be) is to pay an amount deducted under this section
to the person to whom the order for restitution requires payment be made.
(5)
Payment made by a protected defendant or the NSW Trustee and Guardian (as the
case may be) pursuant to this section is, to the extent of the amount paid,
taken to be a payment to the offender in satisfaction of the obligation to pay
the damages concerned.
