Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VICTIMS OF CRIME ASSISTANCE ACT 2006 (NO 15 OF 2006) - SECT 56

Territory may recover from offender

    (1)     If the Territory has paid financial assistance to a victim of a violent act, the Territory may commence a proceeding in the Court for recovery of an equal or lesser amount of money from the offender.

    (2)     The Territory must commence the proceeding within 3 years after the date of the payment of financial assistance to the victim.

    (3)     In the proceeding, the Territory must prove the following matters to the satisfaction of the Court:

    (a)     the Territory paid the amount sought to be recovered;

    (b)     the offender against whom the proceeding is brought:

        (i)     was found guilty of an offence that resulted in the payment; or

        (ii)     on the balance of probabilities, committed an offence that resulted in the payment.

    (4)     The Court may reduce the amount sought to be recovered by the Territory if:

    (a)     the offender satisfies the Court the victim contributed to the injury or death for which the amount was paid; or

    (b)     the Court is satisfied the financial assistance awarded to the victim was excessive in the circumstances.

    (5)     If the Court is satisfied that all or some of the financial assistance should not have been awarded, it may order that the Territory is not entitled to recover from the offender all or part of the amount paid by the Territory.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback