Victims of Crime (Financial Assistance) Act 2016

If the commissioner, after giving an offender a recovery intention notice and taking into account any objection to the notice under section 74 (4), is satisfied on reasonable grounds that, in all the circumstances, recovery action from the offender is still practicable and appropriate, the commissioner must give the offender written notice (a recovery notice) that includes the following information:

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;

that the commissioner has taken into account any objection under section 74 (4);

the recoverable amount;

a date (the recovery date) that is at least 28 days after the day the recovery notice is given to the assisted person;

a statement that—

the offender must pay the recoverable amount on or before the recovery date unless the person applies to the ACAT for review of the recovery notice; and

that the recoverable amount is a debt due to the Territory, payable by the offender, unless the person on or before the repayment date either pays the recoverable amount or applies to the ACAT for review of the recovery notice;

information about review of the recovery notice by the ACAT.

However, a recovery notice for a recompensed offence must not be given to an offender more than 2 years after whichever of the following happens last:

the date on which the offender is convicted or found guilty of the recompensed offence;

the date on which—

for an offence mentioned in section 69, definition of recompensed offence, paragraph (a)—financial assistance is given to a person for the recompensed offence; or

for an offence mentioned in section 69, definition of recompensed offence, paragraph (b)—a funeral expenses payment is made to a person for the funeral of the primary victim.

An offender who is given a recovery notice under subsection (1) must, on or before the recovery date—

pay the commissioner the recoverable amount; or

apply to the ACAT for review of the recovery notice.

An application for review under subsection (3) (b) stays the offender’s liability to pay the recoverable amount.

However, dismissal of the offender’s application for review removes the stay of liability.