Criminal Injuries Compensation Act 2003

At the hearing of an application made under section 50(1), an assessor may make a compensation reimbursement order that orders the offender to pay to the State an amount specified in the order being —

the whole or part of the amount paid or payable under the relevant compensation award; and

the whole or part of the amount, if any, deducted under section 42(3) or (4) and remitted to the Commonwealth under a law of the Commonwealth,

In deciding whether to make a compensation reimbursement order and the amount to be paid under the order an assessor must have regard to the following —

the extent to which the offender is responsible for the victim’s injury or death;

whether the behaviour of the victim at the time of the offence in any way precipitated or provoked the offence;

whether any behaviour, condition, attitude, or disposition of the victim contributed, directly or indirectly, to the victim’s injury or death;

the offender’s means to satisfy any such order having regard to —

the offender’s income, assets and liabilities; and

the offender’s current and prospective employment;

the extent to which the offender is likely to be able to satisfy any such order within a reasonable time.

The CEO or the offender may at any time apply for a compensation reimbursement order to be amended or cancelled.

On an application made under subsection (3), an assessor may amend or cancel the compensation reimbursement order.