New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 46

46 Director may make provisional order for restitution by offender

(1) If the Director is of the opinion that, before or after an award of statutory compensation is made, a person has been convicted of a relevant offence, the Director may make a provisional order for restitution against the person so convicted.

(2) A "relevant offence" is:

(a) an offence arising from substantially the same facts as those constituting an act of violence in respect of which the award of statutory compensation was made, or

(b) any other offence if an offence referred to in paragraph (a) was taken into account (under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 ) when sentence was passed on the offender for that other offence.

(3) The Director must cause notice of the provisional order to be served on the person so convicted in accordance with the rules.

(4) The notice of the provisional order must:

(a) set out the terms of the order, and

(b) specify the date on which the award of statutory compensation was made and the facts on which the award was based, and

(c) specify the offence to which the order relates and the date on which it is alleged that the person was convicted of the offence, and

(d) state that the person has 28 days in which to object to the order by a notice filed in the office of the Director, and

(e) state that if the person does not object the order will be confirmed by the Tribunal and become a judgment debt payable by the person, and

(f) state that if the person files a notice of objection the Tribunal will conduct a hearing into whether the order should be confirmed, and

(g) contain such other particulars as the rules may require.

(5) A provisional order for restitution may not be made against a person if:

(a) 2 years or more have elapsed since:

(i) the date on which the relevant award of statutory compensation was made, or

(ii) the date on which the person was convicted of the relevant offence,

whichever is the later, or

(b) civil proceedings have been commenced or are being maintained against the person, by or on behalf of the State, in respect of an action for damages arising from substantially the same facts as those on which the relevant award of statutory compensation was based.