Effect of approval on subsequent civil proceedings
55 Effect of approval on subsequent civil proceedings
This section applies to civil proceedings commenced or maintained in respect of an injury or loss sustained by a person to whom the giving of victims support has been approved under this Part on the basis of the same facts as those on which the civil proceedings are based.
Subject to subsection (3), approval of the giving of victims support 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 approval.
On the payment to a person of approved victims support, 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 approval is based is, by operation of this section, subrogated to the State to the extent of the amount of support so paid.
This section does not limit the operation of section 74 or 102.
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