sec.319YPayment of eligible victim claims from victim trust fund

### sec.319Y Payment of eligible victim claims from victim trust fund The public trustee must pay from a victim trust fund any award on an eligible victim claim against the person in relation to whom the relevant award was made (the relevant person ). See also section 319ZK . The payment must be made as soon as practicable after all proceedings on eligible victim claims against the relevant person started before the cut-off day have been finally decided. For subsection (2) , a proceeding on an eligible victim claim against the relevant person is taken to have been finally decided if the public trustee is satisfied that— the period for appealing against a decision awarding damages made by a court in the proceeding has ended and no appeal has been made; or all appeals against a decision awarding damages made by a court in the proceeding have been withdrawn or finally decided; or no step has been taken in the proceeding for 1 year from when the last step was taken in the proceeding; or the proceeding has been discontinued. If the amount of the victim trust fund is not enough to pay all of the awards on eligible victim claims against the relevant person, the public trustee must pay each award proportionately. Subject to an Act providing for the holding of moneys on trust for a person under a legal disability, the payments must be made— to the person named in the award; and to the extent that the award has not been satisfied by someone else. An award on an eligible victim claim against the relevant person, to the extent of any payment of the award under this section— is discharged; and can not be enforced against the relevant person or any other person. In this section— award , on an eligible victim claim against a relevant person, means— an award of damages, that has been finally decided, to a person by a court in a proceeding on the eligible victim claim by the person against the relevant person; or an award of damages to a person under an agreement between the person and the relevant person relating to an eligible victim claim by the person against the relevant person. cut-off day , for starting a proceeding on an eligible victim claim against the relevant person, means the day after the last day on which a proceeding may be started for section 319X (1) (b) . s 319Y ins 2008 No. 53 s 4 (sec.319Y-ssec.1) The public trustee must pay from a victim trust fund any award on an eligible victim claim against the person in relation to whom the relevant award was made (the relevant person ). See also section 319ZK . (sec.319Y-ssec.2) The payment must be made as soon as practicable after all proceedings on eligible victim claims against the relevant person started before the cut-off day have been finally decided. (sec.319Y-ssec.3) For subsection (2) , a proceeding on an eligible victim claim against the relevant person is taken to have been finally decided if the public trustee is satisfied that— the period for appealing against a decision awarding damages made by a court in the proceeding has ended and no appeal has been made; or all appeals against a decision awarding damages made by a court in the proceeding have been withdrawn or finally decided; or no step has been taken in the proceeding for 1 year from when the last step was taken in the proceeding; or the proceeding has been discontinued. (sec.319Y-ssec.4) If the amount of the victim trust fund is not enough to pay all of the awards on eligible victim claims against the relevant person, the public trustee must pay each award proportionately. (sec.319Y-ssec.5) Subject to an Act providing for the holding of moneys on trust for a person under a legal disability, the payments must be made— to the person named in the award; and to the extent that the award has not been satisfied by someone else. (sec.319Y-ssec.6) An award on an eligible victim claim against the relevant person, to the extent of any payment of the award under this section— is discharged; and can not be enforced against the relevant person or any other person. (sec.319Y-ssec.7) In this section— award , on an eligible victim claim against a relevant person, means— an award of damages, that has been finally decided, to a person by a court in a proceeding on the eligible victim claim by the person against the relevant person; or an award of damages to a person under an agreement between the person and the relevant person relating to an eligible victim claim by the person against the relevant person. cut-off day , for starting a proceeding on an eligible victim claim against the relevant person, means the day after the last day on which a proceeding may be started for section 319X (1) (b) . - (a) the period for appealing against a decision awarding damages made by a court in the proceeding has ended and no appeal has been made; or - (b) all appeals against a decision awarding damages made by a court in the proceeding have been withdrawn or finally decided; or - (c) no step has been taken in the proceeding for 1 year from when the last step was taken in the proceeding; or - (d) the proceeding has been discontinued. - (a) to the person named in the award; and - (b) to the extent that the award has not been satisfied by someone else. - (a) is discharged; and - (b) can not be enforced against the relevant person or any other person. - (a) an award of damages, that has been finally decided, to a person by a court in a proceeding on the eligible victim claim by the person against the relevant person; or - (b) an award of damages to a person under an agreement between the person and the relevant person relating to an eligible victim claim by the person against the relevant person.