Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 117

117 Offender’s liability to pay generally

(1) This section applies if—

(a) the scheme manager has given a person a notice under section 115 (the
"recovery notice" ); and

(b) the question of whether the offence of which the person has been convicted is a relevant offence for the act of violence for which the assistance was granted is no longer in dispute.

(2) For subsection (1) (b) , the question is no longer in dispute if—

(a) the person has not, for the offence, given the scheme manager a dispute notice under section 116 (2) within 14 days after the scheme manager gave the person the recovery notice; or

(b) the person has, for the offence, given the scheme manager a dispute notice under section 116 (2) within 14 days after the scheme manager gave the person the recovery notice and—

(i) the consideration of the dispute mentioned in the dispute notice has been finally decided by the scheme manager under section 116 (4) , by QCAT on any review of the scheme manager’s decision or by another entity on any appeal against QCAT’s decision; and

(ii) the result of the consideration is that the offence of which the person has been convicted is a relevant offence for the act of violence for which the assistance was granted.

(3) The scheme manager must give the person a notice stating—

(a) the amount (
"payable amount" ) the State seeks to recover from the person under this part; and

(b) that under subsection (4) , the person is liable to pay the stated amount to the State within a stated period of at least 28 days (the
"payment period" ); and

(c) that if the person does not pay the stated amount within the stated period, the scheme manager may give particulars of the amount to the SPER registrar for registration under that Act.

(4) The person is liable to pay the State the payable amount within the payment period.

Note—

See section 95 for the application of assistance granted to a person towards satisfying the person’s liability to pay under subsection (4) .

(5) For subsection (3) (a) , the amount must be—

(a) the amount mentioned in the recovery notice as the amount the State seeks to recover from the person under this part; or

(b) if, after the recovery notice was given to the person, the amount of assistance granted to a person for the act of violence is, under this chapter, reduced to an amount that is lower than the amount mentioned in paragraph (b) —the lower amount.