Victims of Crime Assistance Act 2009

This section applies if—

a person (offender) is liable to pay an amount to the State under section 191(4); and

the offender’s liability under section 191(4) is reduced under section 188(3) or 191(5); and

because of the reduction the State must refund an amount (refundable amount) to the offender; and

under section 95, an amount of assistance granted to the offender (offset amount) was taken to be paid to the State for satisfying the offender’s liability under section 191(4).

The State must—

if paragraph (b) does not apply—pay the refundable amount to the offender as assistance; or

if the refundable amount is more than the offset amount—pay the part of the refundable amount equivalent to the offset amount to the offender as assistance, and refund the remaining part of the refundable amount to the offender.

Example—

The offender becomes liable to pay $10,000 to the State under section 191(4). The offender is granted assistance of $8,000 but it is taken, under section 95, to be paid to the State for satisfying the offender’s liability under section 191(4) (which is the offset amount).

The State receives $5,000 under a relevant subrogation provision. The person’s liability to the State is reduced to $5,000 under section 188(3). The refundable amount is $3,000, which is the difference between what the offender has paid and the offender’s new liability to the State. Because the offender was taken, under section 95, to have paid $8,000 to the State for satisfying the offender’s liability, the $3,000 must be paid to the offender as assistance.

If, under subsection (2), an amount is paid to the offender as assistance, the government assessor must—

decide the component of assistance for which the amount is payable, having regard to—

the components (if any) for which assistance granted to the person was paid or payable under section 95; and

the offender’s needs; and

whether the offender has incurred any expenses for which assistance has not already been paid or become payable under section 95; and

anything else the government assessor considers relevant; and

give the offender a notice stating—

the decision; and

the reasons for the decision; andNote—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

the internal review details for the decision.