Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 47

Payment of expenses to person entitled

47. Payment of expenses to person entitled



(1) In this section-

creditor means a person entitled to take proceedings for the recovery of
expenses and includes a legal practitioner who has paid expenses on behalf of
a client;

expenses means expenses for a treatment or other service provided in respect
of which assistance is payable under this Act but does not include costs
referred to in section 48;

reasonable, in relation to expenses, means reasonable having regard to the
treatment or other service provided.

(2) The Tribunal may order that assistance in respect of expenses be paid to
the creditor.





(3) If the Tribunal believes that the amount of expenses is reasonable and
orders payment to the creditor under subsection (2), the creditor may recover
from the debtor the difference between the amount ordered and the amount of
the expenses.

(4) If the Tribunal believes that the amount of expenses is not reasonable, it
may make an order determining the amount it considers reasonable.

(5) If the Tribunal makes an order under subsection (4) in respect of
expenses-

   (a)  assistance payable in respect of the expenses must not exceed 80% of
        the amount determined by the Tribunal;

   (b)  if the expenses have not been paid-

   (i)  unless the creditor is a legal practitioner who has paid the full
        amount of the expenses on behalf of a client, the creditor is not
        entitled to recover more than the amount determined by the Tribunal;

   (ii) if the creditor is a legal practitioner who has paid the full amount
        of the expenses on behalf of a client, the difference between the
        amount determined by the Tribunal and the amount paid may be recovered
        by the legal practitioner on behalf of the client as a civil debt
        recoverable summarily from the person to whom payment was made;

   (iii) the creditor is not prevented by this Act from recovering the balance
        of the amount determined by the Tribunal remaining after a payment
        ordered by the Tribunal;

   (c)  if the expenses have been paid, the amount of payment in excess of the
        amount determined by the Tribunal is recoverable as a civil debt
        recoverable summarily from the person to whom payment was made.