QLDIn ForceAct
Corrective Services Act 2006
sec.319WStarting of victim claims proceedings despite expiry of limitation period
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### sec.319W Starting of victim claims proceedings despite expiry of limitation period
If relevant money is awarded in relation to a person (the relevant person ), an action on a victim claim against the relevant person may be brought by a potential claimant—
by a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T (1) ; and
despite the Limitation of Actions Act 1974 , section 11 .
See section 478E about the application of this part to civil wrongs committed before the commencement of that section.
However, an award of damages in a proceeding brought under this section—
has effect only to allow the payment under section 319Y of all or part of those damages out of the victim trust fund; and
can not otherwise be enforced against the relevant person or the relevant person’s property.
s 319W ins 2008 No. 53 s 4
(sec.319W-ssec.1) If relevant money is awarded in relation to a person (the relevant person ), an action on a victim claim against the relevant person may be brought by a potential claimant— by a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T (1) ; and despite the Limitation of Actions Act 1974 , section 11 . See section 478E about the application of this part to civil wrongs committed before the commencement of that section.
(sec.319W-ssec.2) However, an award of damages in a proceeding brought under this section— has effect only to allow the payment under section 319Y of all or part of those damages out of the victim trust fund; and can not otherwise be enforced against the relevant person or the relevant person’s property.
- (a) by a proceeding started within 6 months after the chief executive gives the written notice as mentioned in section 319T (1) ; and
- (b) despite the Limitation of Actions Act 1974 , section 11 .
- (a) has effect only to allow the payment under section 319Y of all or part of those damages out of the victim trust fund; and
- (b) can not otherwise be enforced against the relevant person or the relevant person’s property.