Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 191

191 Offender’s liability to pay

(1) This section applies if—

(a) the scheme manager has given a person a notice under section 189 (
"recovery notice" ); and

(b) the amount the State will seek to recover from the person under this subdivision is decided as mentioned in subsection (2).

(2) The amount the State will seek to recover is—

(a) if the person has not, for the recovery notice, given the scheme manager a dispute notice under section 190(2) within 28 days after the scheme manager gave the person the recovery notice—the amount stated in the recovery notice; or

(b) if the person has, for the recovery notice, given the scheme manager a dispute notice under section 190(2) within 28 days after the scheme manager gave the person the recovery notice—

(i) the amount decided by the scheme manager under section 190; or

(ii) if the person applies, as provided under the QCAT Act , to QCAT for a review of the scheme manager’s decision under section 190—the amount decided by QCAT under the QCAT Act , or by another entity following an appeal against QCAT’s decision.

(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 subdivision, decided as mentioned in subsection (2); 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 the State Penalties Enforcement Act 1999 .

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

(5) If the order mentioned in section 185(1) to which the liability mentioned in subsection (4) relates is amended to reduce the amount the person is ordered to pay under the order, and the reduced amount is less than the payable amount—

(a) the person’s liability under subsection (4) is reduced to the reduced amount; and

(b) the scheme manager must give the person a notice stating the reduced amount and the effect of paragraph (a); and

(c) if the person has already paid more than the reduced amount, the State must refund to the person the excess amount paid.

(6) If the chief executive is, under the Corrective Services Act 2006 , paid an amount (the
"corrective services amount" ) from the offender’s prisoner’s account, or victim trust fund, under that Act—

(a) the person’s liability under subsection (4) is reduced by the corrective services amount; and

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

(i) the effect of paragraph (a); and

(ii) the amount the person is liable to pay the State after the reduction.

Note—

See also section 188(3).