New South Wales Consolidated Acts

YOUTH AND COMMUNITY SERVICES ACT 1973 - SECT 31

31 Assessment of certain removal expenses

(2) Where a person has been convicted of the offence under section 21 (2) of being the proprietor of a residential centre for handicapped persons that is unlicensed premises:

(a) a handicapped person:

(i) who resided at the unlicensed premises when the offence was committed, and

(ii) who has, on or within 28 days after the date of the offence, moved from the premises to another residence, and

(b) the Director-General, if the Department has incurred expense in connection with the removal of a handicapped person from the unlicensed premises to another residence,

may, within 12 months after the date of the conviction, apply to the Local Court for an assessment of removal expenses under subsection (3).

(3) If an application is made under subsection (2), the Local Court may make an assessment of an amount that to the court seems a just and reasonable sum to compensate for the removal expenses and any other expense in connection with the removal of the handicapped person incurred by the applicant or the Department, as the case may be, when the handicapped person moved from the unlicensed premises to another residence.

(4) Where the Local Court makes an assessment under subsection (3), the assessment shall be deemed to be a judgment of the Local Court for the amount in favour of the applicant for the assessment and against the person who was convicted of the offence in respect of which the application was made.