Recovery limited if amount received as subrogated victim
188 Recovery limited if amount received as subrogated victim
This section applies if the State—
pays an amount in relation to an order mentioned in section 185(1)(a) or (b); and
receives an amount under a relevant subrogation provision in relation to the injury for which the order was made.
In deciding the amount that the State may seek to recover under this subdivision from the person against whom the order was made, the amount that would otherwise be recoverable under this subdivision must be reduced by the amount received under the relevant subrogation provision.
If the State receives the amount under the relevant subrogation provision after the person against whom the order was made becomes liable to pay an amount under section 191(4)—
the person’s liability under section 191(4) is reduced by the amount received under the subrogation provision; and
the scheme manager must give the person a notice stating the amount the person is now liable to pay to the State (the new payable amount); and
if the person has already paid more than the new payable amount, the State must refund to the person the excess amount paid.
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