South Australian Current Acts

VICTIMS OF CRIME ACT 2001 - SECT 28

28—Right of Attorney-General to recover money paid out from offender etc

        (1)         If the Attorney-General makes a payment to a claimant, the Attorney-General is subrogated, to the extent of the payment, to the rights of—

            (a)         the claimant, as against the offender or any other person liable at law to compensate the claimant for the injury, financial loss or grief in respect of which the payment was made; and

            (b)         the offender, as against any insurer or other person from whom the offender is entitled to indemnity or contribution in respect of liability arising from the injury or death in respect of which the payment was made.

        (2)         The Attorney-General may—

            (a)         bring a claim against an insurer or other person against whom the subrogated right lies by way of third party proceedings in the proceedings founded on the application for statutory compensation; or

            (b)         bring such a claim in separate proceedings against the person against whom the subrogated right lies (including an offender who was not a party to the proceedings founded on the application for statutory compensation).

        (3)         If the offender is a party to proceedings founded on an application for statutory compensation—

            (a)         the Attorney-General may file in the court a certificate certifying—

                  (i)         the amount of the statutory compensation paid out on the claim; and

                  (ii)         the applicant's costs (so far as they have been or are to be paid by the Crown); and

            (b)         judgment must then be entered in favour of the Crown and against the offender for the aggregate amount so certified.

        (4)         However, if the claim was settled by agreement between the Crown and the claimant, and the offender was not a party to the agreement for settlement—

            (a)         the offender may, within 1 month after the offender receives notice of a judgment entered under subsection (3), apply to have the judgment set aside or varied as may be reasonable in the circumstances of the case; and

            (b)         the court may set aside the judgment or vary it accordingly.

        (5)         If an application for statutory compensation is settled without court proceedings, or proceedings were brought in court but the offender was not a party to those proceedings, the Attorney-General may—

            (a)         file in the court a certificate certifying—

                  (i)         the amount of the statutory compensation paid out on the claim; and

                  (ii)         the applicant's costs (so far as they have been or are to be paid by the Crown); and

            (b)         apply for summary judgment in favour of the Crown and against the offender for the aggregate amount so certified (or a lesser amount if the Attorney-General thinks fit).

        (6)         The court must, on an application by the Attorney-General under subsection (5), enter summary judgment in accordance with the application unless the offender satisfies the court, on application made by the offender within 1 month after receiving notice of the Attorney-General's application, that there is good reason for not entering judgment in accordance with the Attorney-General's application.

        (7)         If a debt arises from a judgment entered in favour of the Crown and against an offender in accordance with this section, the Chief Recovery Officer may take action on behalf of the Crown to recover the debt and for that purpose may, subject to subsection (8), exercise any power or do any thing that the Chief Recovery Officer is authorised or required to exercise or do in relation to an enforcement determination under the Fines Enforcement and Debt Recovery Act 2017 as if—

            (a)         the debt that may be recovered from the offender in accordance with this section was the amount due under the expiation notice to which the enforcement determination relates; and

            (b)         the offender was a person against whom enforcement action was being taken.

        (8)         The Chief Recovery Officer, in acting under subsection (7) in relation to an offender—

            (a)         may not enter into an arrangement requiring the offender to complete community service under section 20 of the Fines Enforcement and Debt Recovery Act 2017 ; and

            (b)         may only waive payment under section 25 of that Act with the approval of the Attorney-General.

        (9)         Section 26 of the Fines Enforcement and Debt Recovery Act 2017 does not apply to a debt to be recovered under this section.

        (10)         Section 9 of the Fines Enforcement and Debt Recovery Act 2017 applies in relation to a debt under this section in the same way as it applies to an expiation amount (other than an expiation fee).