VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 111 Recovery limited to category of act of violence for which assistance granted

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 111

111 Recovery limited to category of act of violence for which assistance granted

(1) This section applies if—

(a) a person was granted special assistance for an act of violence; and

(b) a person is convicted of a relevant offence for the act of violence; and

(c) the conviction is for an offence involving an act of violence of a category that is lower than the category for which special assistance was granted.

Note—

See schedule 2 , section 4 for the order of categories of acts of violence.

(2) For the special assistance granted to the person mentioned in subsection (1) (a) , the State may, under this part, recover from the convicted person the amount stated in schedule 2 , section 2 for the category of the act of violence involved in the offence.

Example—

A person is granted $15,000 as special assistance for an act of violence on the basis the act is attempted murder, which is a category A act of violence. A person is convicted of the offence of causing grievous bodily harm arising out of substantially the same facts and circumstances as those constituting the act, which is a category B act of violence. The State may recover $9,000 from the convicted person, which is the amount stated in schedule 2 , section 2 for a category B act of violence.

(3) To remove any doubt, it is declared that subsection (2) does not affect the amount of assistance other than special assistance granted to the person mentioned in paragraph (a) that the State may, under this part, recover from the convicted person.