South Australian Current Acts

VICTIMS OF CRIME ACT 2001 - SECT 29

29—Recovery from claimant

        (1)         If the Attorney-General makes an interim payment of statutory compensation to a claimant and no order for statutory compensation is subsequently made in favour of that claimant, or an order is made but for a lesser amount, the Attorney-General may recover the amount so paid or the amount of the excess (as the case requires) from the claimant as a debt.

        (2)         If—

            (a)         the Attorney-General makes a payment under this Act to a claimant; and

            (b)         the claimant is subsequently paid compensation or damages by some other person for the injury, financial loss or grief for which the payment under this Act was made; and

            (c)         the compensation or damages received from the other source was not taken into account by the Attorney-General in making the payment or exceeds the amount taken into account by the Attorney-General,

the Attorney-General may recover from the claimant, as a debt, the amount of the payment or the amount of the excess (as the case requires) but may not recover more than the amount received from the other source.

        (3)         A claimant referred to in subsection (2) must, within 30 days after being paid compensation or damages referred to in subsection (2)(b), notify the Attorney-General in writing of the payment (and including any particulars prescribed by the regulations).

Maximum penalty: $1 250.