Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 62

Refund of award

62. Refund of award



(1) If a person to whom, or for whose benefit, an award is made receives after
the making of the award any damages, compensation, assistance or payments of
any kind not taken into account by the Tribunal under section 16 on making the
award but which the Tribunal would have been required by that section to take
account of if received before then, the person must refund-

   (a)  the amount of the assistance paid to him or her under this Act, if it
        is equal to or less than the amount of the damages, compensation,
        assistance or other payments subsequently received; or

   (b)  the amount of the damages, compensation, assistance or other payments
        subsequently received, if the amount of the assistance paid to him or
        her under this Act is greater.





(2) Despite subsection (1), if the damages, compensation, assistance or other
payments subsequently received were received from a person other than the
person by whom the act of violence was committed or alleged to have been
committed or another person on that person's behalf, a requirement to refund
only arises if the Tribunal requires the person to whom, or for whose benefit,
the award was made, to do so.

(3) If an award is varied under section 60 or on a review under section 59 by
decreasing the amount of assistance, the person to whom, or for whose benefit,
the award was made must refund the amount by which the assistance paid to him
or her under this Act is decreased.

(4) Any money that is not refunded as required by this section may be
recovered as a debt due to the State.

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