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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 95
Paying assistance if applicant liable to pay amount to State
95 Paying assistance if applicant liable to pay amount to State
(1) If the applicant is liable to pay an amount (
"payable amount" ) to the State under a recovery provision because of an
offence committed by the applicant— (a) the assistance granted to the
applicant or, if the assistance is greater than the payable amount, the part
of the assistance equivalent to the payable amount, is to be retained by the
State; and
(b) the amount retained under paragraph (a) must be applied
towards satisfying the applicant’s liability to the State under the
recovery provision and, for that purpose, is taken to have been paid to the
State by the applicant.
(2) If, after assistance is granted to the applicant,
the applicant becomes liable to pay an amount to the State under a
recovery provision because of an offence committed by the applicant,
subsection (1) (a) and (b) apply in relation to any part of the assistance not
already paid to the applicant.
(3) If the assistance payable to an applicant
is reduced under subsection (1) or (2) and an amount of assistance remains
payable to the applicant after the reduction, the government assessor must—
(a) decide the component of assistance for which the amount is payable, having
regard to— (i) the applicant’s needs; and
(ii) whether the applicant has
incurred any expenses; and
(iii) anything else the government assessor
considers relevant; and
(b) give the applicant 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.
(4) The
scheme manager must give notice to the SPER registrar of any amount taken to
have been paid by the applicant to the State under subsection (1) (b) or (2) .
(5) In this section—
"recovery provision" means section 117 (4) or 191 (4) .
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