Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 118

118 Reduction in offender’s liability to pay if assistance refunded

(1) This section applies if—

(a) in relation to assistance granted to a person (the
"victim" ) for an act of violence, a person (
"offender" ) convicted of a relevant offence for the act becomes liable to pay an amount (
"payable amount" ) to the State under section 117 (4) ; and

(b) the amount of assistance granted to the victim is, under this chapter, reduced to an amount (the
"new amount" ) that is less than the payable amount.

(2) The offender’s liability under section 117 (4) is reduced to the new amount.

(3) The scheme manager must give the offender a notice stating the new amount and the effect of subsection (2) .

(4) If the offender has already paid the State an amount more than the new amount, the difference (
"excess amount" ) between the amount already paid and the new amount must be refunded to the offender.

(5) However, if 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 117 (4) , the following applies—

(a) if paragraph (b) does not apply—the excess amount must be paid to the offender as assistance;

(b) if the excess amount is more than the offset amount—the part of the excess amount equivalent to the offset amount.

Example—

The victim is paid assistance of $10,000. The offender becomes liable to pay $10,000 to the State under section 117 (4) . The offender is granted assistance of $5,000 but it is taken, under section 95 , to be paid to the State for satisfying the offender’s liability under section 117 (4) (which is the offset amount). The offender also pays a further $4,000 towards satisfying the offender’s liability under section 117 (4) , bringing the total payment to $9,000.
The assistance granted to the victim is reduced to $3,000. The offender’s liability to the State is also reduced to $3,000 under subsection (2) . The excess amount is $6,000, 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 $5,000 to the State for satisfying the offender’s liability, $5,000 must be paid to the offender as assistance and the remaining $1,000 of the excess amount is refunded to the offender.

(6) If, under subsection (5) , an amount is paid to the offender as assistance, the government assessor must—

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

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

(ii) the offender’s needs; and

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

(iv) anything else the government assessor considers relevant; and

(b) give the offender a notice stating—

(i) the decision; and

(ii) the reasons for the decision; and

Note—

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

(iii) the internal review details for the decision.