VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 189 Notice of intended recovery

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 189

189 Notice of intended recovery

Before the State may, under this subdivision, recover an amount from a person in relation to an order mentioned in section 185(1), the scheme manager must give the person a notice stating—

(a) the date on which the order was made; and

(b) the amount the person was ordered to pay under the order; and

(c) if the State is intending to recover an amount in relation to an order mentioned in section 185(1)(a) or (b)—

(i) the person in whose favour the order was made (the
"victim" ); and

(ii) the amount the State paid the victim in relation to the order; and

(iii) the part of the amount ordered to be paid under the order that the State claims the person has not paid to the victim, or to the State as subrogated to the victim’s rights and remedies under the order; and

(iv) the amount, if any, the State has received under a relevant subrogation provision in relation to the injury for which the order was made; and

(d) if the State is intending to recover an amount in relation to an order mentioned in section 185(1)(c)—the part of the amount ordered to be paid under the order that the State claims the person has not paid to the State; and

(e) the amount the State will seek to recover from the person under this subdivision; and

(f) that the person may—

(i) by notice to the scheme manager within 28 days after being given the notice, dispute the amount the State will seek to recover from the person under this subdivision, including, for example, by disputing a claim mentioned in paragraph (c)(iii) or (d); and

(ii) if the person does not agree with the scheme manager’s decision given after considering the notice of the dispute—apply to QCAT for a review of the scheme manager’s decision; and

(g) that when the amount the State will seek to recover from the person under this subdivision is decided as mentioned in section 191(2), the person is liable to pay the amount to the State under section 191(4); and

(h) anything else prescribed under a regulation.