New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 57

57 Effect of order for restitution on subsequent civil proceedings

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

(2) An order for restitution does not affect a person’s right to commence or maintain civil proceedings, and damages in the civil proceedings must be assessed without regard to the order.

(3) However, the right of the State, under section 43, to commence or maintain civil proceedings is extinguished by an order for restitution.

(4) Subsection (3) does not revive the right of any other person to commence or maintain civil proceedings to the extent to which that right was previously subrogated to the State under section 43.

(5) This section does not limit the operation of section 43, 76 or 77G.