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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 188
Recovery limited if amount received as subrogated victim
188 Recovery limited if amount received as subrogated victim
(1) This section applies if the State— (a) pays an amount in relation to an
order mentioned in section 185(1)(a) or (b); and
(b) receives an amount under
a relevant subrogation provision in relation to the injury for which the order
was made.
(2) In deciding the amount that the State may seek to recover under
this subdivision from the person against whom the order was made, the amount
that would otherwise be recoverable under this subdivision must be reduced by
the amount received under the relevant subrogation provision.
(3) If the
State receives the amount under the relevant subrogation provision after the
person against whom the order was made becomes liable to pay an amount under
section 191(4)— (a) the person’s liability under section 191(4) is reduced
by the amount received under the subrogation provision; and
(b) the scheme
manager must give the person a notice stating the amount the person is now
liable to pay to the State (the
"new payable amount" ); and
(c) if the person has already paid more than the
new payable amount, the State must refund to the person the excess amount
paid.
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