Victorian Current Acts

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VICTIMS OF CRIME ASSISTANCE ACT 1996 - SECT 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.

Part 5—Miscellaneous



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