Victorian Current Acts

SENTENCING ACT 1991 - SECT 87AB

    (1)     If—

        (a)     a court finds a person guilty of, or convicts a person of, a relevant offence within the meaning of the Victims of Crime (Financial Assistance Scheme) Act 2022 ; and

        (b)     assistance was paid or varied under that Act in respect of an injury (including a significant adverse effect within the meaning of that Act that, in accordance with that Act, is required to be regarded as an injury) or death that directly resulted from that offence—

the court may, on the application of the State, order the offender to pay to the State an amount equal to the whole or any specified part of the assistance paid together with the whole or any specified part of any costs paid in respect of the application for assistance.

    (2)     An application may only be made under subsection (1) within the period of 6 months after the later of—

        (a)     the day on which the person was found guilty or convicted of the relevant offence; or

        (b)     the day on which the assistance was paid or varied under the Victims of Crime (Financial Assistance Scheme) Act 2022 .

    (3)     A court may require an amount payable under subsection (1) to be paid—

        (a)     wholly as a lump sum; or

        (b)     partly as a lump sum and partly by instalments; or

        (c)     wholly by instalments.

    (4)     A court must not make an order under subsection (1) without giving the offender a reasonable opportunity to be heard on the application for the order and without having regard to—

        (a)     the offender's financial resources (including earning capacity) and financial needs; and

        (b)     any obligations owed by the offender to any other person; and

        (c)     any other circumstances that the court considers relevant.

    (5)     A court is not prevented from making an order under subsection (1) only because it has been unable to find out the financial circumstances of the offender.

    (6)     An offender may appear on the hearing of an application under subsection (1) personally or by a lawyer or, with the leave of the court, by any other representative.

    (7)     The court may at any time, on the application of the State or of the offender, vary an order made under subsection (1) (including an order that has been previously varied) in any manner that the court thinks fit.

S. 87B (Heading) amended by No. 21/2022 s. 80(1).

S. 87B inserted by No. 81/1996 s. 75.