Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 51

Assignment of rights to the State

51. Assignment of rights to the State



(1) The person to whom, or for whose benefit, an award of assistance is made
under this Act may, on or after the making of the award, assign to the State
their right to recover from any other person, by civil proceedings, damages or
compensation in respect of the injury or death to which the award relates.

(2) Money recovered by the State in the exercise of a right assigned to it in
accordance with subsection (1) must be dealt with as follows:

   (a)  an amount equal to the expended amount, or the total money recovered
        if it is less than the expended amount, must be paid into the
        Consolidated Fund; and

   (b)  the balance, if any, must be paid to the assignor.

(3) In subsection (2) the expended amount is the total of-

   (a)  the amount of assistance awarded to the assignor under this Act; and

   (b)  all costs and expenses incurred by the Tribunal in connection with the
        determination of the application for assistance and the making of the
        award; and

   (c)  all costs and expenses incurred by the Victorian Civil and
        Administrative Tribunal on a review of a decision made by the Tribunal
        in connection with the application for assistance; and

   (d)  all costs incurred by the State in connection with the exercise of the
        assigned right.