Victims of Crime (Financial Assistance) Act 2016

This section applies if the commissioner—

has complied with section 73; and

is satisfied on reasonable grounds that, in all the circumstances, recovery action is still practicable and appropriate.

The commissioner must, as soon as practicable, give the offender written notice (a recovery intention notice) of the commissioner’s intention to recover a recoverable amount from the offender.

A recovery intention notice must state the following:

that the offender has been convicted or found guilty of a recompensed offence;

that a person has received financial assistance, or a funeral expense payment, in relation to the offence;

that the offender is liable under this Act to pay the Territory a recoverable amount for the offence, and that the commissioner intends giving the offender a recovery notice for the amount;

the recoverable amount;

that the offender may object to recovery action against the offender in accordance with subsections (3) and (4);

any other matter the commissioner considers relevant.

The offender may, within 28 days after the day the recovery intention notice is given to the offender, object to recovery action against the offender on the grounds that—

the offender is not the person who is liable for the recoverable amount; or

the commissioner has not taken into account that the offender has made, or is required to make, a payment in relation to the recompensed offence in accordance with a court order.

An objection under subsection (3) must be in writing and include any facts relied on by the offender in support of the objection.