New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 34

34 Compensation may be awarded subject to conditions

(1) An award of statutory compensation (including an interim award) may be made subject to such conditions as the compensation assessor thinks fit:

(a) as to the notification to the Director of such matters (including matters relating to the financial circumstances of the person to or for whose benefit the award is made) as may be specified in the notice of determination relating to the award, or

(b) as to the assignment by the person to or for whose benefit the award is made of that person’s right to any entitlement that the person has by way of damages awarded in civil proceedings, or

(c) as to the repayment of the whole or any part of the amount of the award under such circumstances as may be specified in the notice of determination relating to the award, or

(d) in the case of an award that is payable to a person for the benefit of some other person:

(i) as to the payment of the statutory compensation to or for the benefit of that other person, or

(ii) as to the holding of the whole or any part of the statutory compensation on trust for that other person.

(1A) An award of compensation is subject to the following conditions:

(a) the person to or for whose benefit the award is made, other than a family victim, must notify the Director of any money received in the future from other sources in connection with the injuries, expenses and losses taken into account in the award,

(b) the person to or for whose benefit the award is made (other than a family victim) must repay from the amount awarded any such future amounts referred to in paragraph (a) on demand by the Director,

(c) the person to or for whose benefit the award is made must repay to the Director the amount awarded if it is subsequently ascertained that the award was obtained by fraud or collusion,

(d) the person to or for whose benefit the award is made (if a primary or secondary victim of an act of violence) is to provide reasonable assistance to any person or body engaged in the official investigation of the act of violence.

(1B) If an amount is required to be repaid in accordance with the conditions to which an award of compensation is subject and the amount is not repaid, that amount may be recovered as a debt due to the Compensation Fund Corporation.

(2) The rules may prescribe other conditions to which an award of statutory compensation is subject.