Civil Liability Act 2002 No 22
54D Damages supervision orders
(1) A court that makes an award of damages must make an order
directing the NSW Trustee and Guardian to take control of the amount of
damages if it is satisfied, on the balance of probabilities, that the amount
of damages is an amount to which this Division applies and that it is in the
best interests of the person to whom the damages were awarded to make the
(2) The NSW Trustee and Guardian must ensure that an amount of damages
subject to a damages supervision order is used to cover the costs of past,
present and future medical or other therapeutic treatment, rehabilitation
costs and care costs of the person awarded the damages, subject to the terms
of the order.
(3) A damages supervision order may not take effect before the later
of the final determination of any appeal relating to the award of damages or
the end of the period during which any such appeal may be
(4) A damages supervision order may be made whether or not the person
awarded the damages is a mentally ill person (within the meaning of the
Mental Health Act 2007) or a
mentally incapacitated person when the order is
(5) Any part of an award payable or paid for properly payable legal
expenses incurred in connection with proceedings for damages may not be made
subject to a damages supervision order.
(6) The NSW Trustee and Guardian holds the amount of damages in trust
for the person awarded the damages.