New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 43

43 Effect of award on subsequent civil proceedings

(1) This section applies to civil proceedings commenced or maintained in respect of an injury or loss sustained by a person to whom an award of statutory compensation has been made under this Part on the basis of the same facts as those on which the civil proceedings are based.

(2) Subject to subsection (3), an award of statutory compensation does not affect a person’s right to commence or maintain civil proceedings, and damages in civil proceedings must be assessed without regard to the award.

(3) On the payment to a person of an award of statutory compensation, the person’s right to commence or maintain civil proceedings against any other person in respect of the same facts as those on which the award is based is, by operation of this section, subrogated to the State to the extent of the amount of compensation so paid.

(4) This section does not limit the operation of section 57, 76 or 77G.