Civil Liability Act 2002

When the protected defendant responsible for a victim trust fund is satisfied that all claims eligible to be satisfied from the fund have been finally determined, the protected defendant is to make a determination of the surplus (if any) in the fund.

A claim is not finally determined if—

any period for bringing an appeal as of right in respect of the claim has not expired (ignoring any period that may be available by way of extension of time to appeal), or

any appeal in respect of the claim is pending (whether or not it is an appeal brought as of right).

A court that awards damages to a person on a victim claim against an offender may give directions to the protected defendant concerned in respect of the determination by the protected defendant of the surplus (if any) in the victim trust fund concerned.

If a protected defendant responsible for a victim trust fund determines and certifies to the NSW Trustee and Guardian that there is a surplus in the fund, the NSW Trustee and Guardian must pay the certified surplus to or at the direction of the offender concerned.

The surplus in a victim trust fund is the amount that will remain in the fund after payment out of the fund of the following amounts—

the amount of all claims eligible to be satisfied from the fund that are ordered by a court under this Division to be paid out of the fund,

all amounts payable to the NSW Trustee and Guardian out of the fund.