Western Australian Current Acts Western Australian Current Acts (1) At the hearing of
an application made under section 50(1), an assessor may make a compensation
reimbursement order that orders the offender to pay to the State an amount
specified in the order being —
(a) the
whole or part of the amount paid or payable under the relevant compensation
award; and
(b) the
whole or part of the amount, if any, deducted under section 42(3) or (4) and
remitted to the Commonwealth under a law of the Commonwealth,
in a lump sum or by
means of instalments of such amounts and at such times as the order specifies.
(2) In deciding
whether to make a compensation reimbursement order and the amount to be paid
under the order an assessor must have regard to the following —
(a) the
extent to which the offender is responsible for the victim’s injury or
death;
(b)
whether the behaviour of the victim at the time of the offence in any way
precipitated or provoked the offence;
(c)
whether any behaviour, condition, attitude, or disposition of the victim
contributed, directly or indirectly, to the victim’s injury or death;
(d) the
offender’s means to satisfy any such order having regard to —
(i)
the offender’s income, assets and liabilities; and
(ii)
the offender’s current and prospective employment;
(e) the
extent to which the offender is likely to be able to satisfy any such order
within a reasonable time.
(3) The CEO or the
offender may at any time apply for a compensation reimbursement order to be
amended or cancelled.
(4) On an application
made under subsection (3), an assessor may amend or cancel the compensation
reimbursement order.