If a victim receives an award of victims compensation, the victim must notify the Director or the Registrar of Victims Services of any money later received from other sources for the injuries, losses and expenses taken into account in the award.

All applicants sign a declaration (as part of the Application for Payment) acknowledging the requirements to repay their award.

The Director or Registrar may then make a demand for the repayment of the amount of the Tribunal award that overlaps with the subsequent payment.

For instance:

• when a victim makes a private agreement with the offender for the payment of compensation; or
• when a victim takes out civil proceedings against the offender or a third party for the same injuries, losses and expenses considered in the victims compensation award;
• when a victim receives a workers compensation award in respect of the same act of violence.

In some instances, a victim of an act of violence may take legal action against the offender/perpetrator seeking money. This may take the form of formal legal action through a Court, or by letter or agreement with the offender.

If the victim receives any monies directly from the offender in this way, they must notify the Director or Registrar in the same way as they are required to if they receive monies under workers compensation, an insurance agreement or other court action, in respect of the act of violence on which their Tribunal award was based.

Examples:
(1) The victim receives an award of $8,000 from the Tribunal for an assault by the offender. The award is paid for a fractured jaw and a fractured cheek and loss of personal effects (spectacles).

The victim sues the offender in the Local Court and receives judgment in the sum of $5,000.

The victim would be required to repay $5,000 from their Tribunal award.

(2) The Tribunal awards $15,000 for injuries and loss after an assault at a hotel. Later the victim commences civil proceedings against the hotel and others (such as the security contractor and the offender). Those proceedings settle or are finalised at Court with an amount of $40,000.00 exclusive of costs.
The victim will have to repay their $15,000 Tribunal award, as it is less than the total money received from the civil claim settlement (which was for the same injuries, losses and expenses taken into account in the Tribunal award).

Relevant Legislation
Section 34, Victims Support and Rehabilitation Act 1996

Section 43(3), Victims Support and Rehabilitation Act 1996

Rule 13, Victims Compensation Rule 1997

Victims Compensation Rule 1988 (not available on-line)

Section 24 Victims Compensation Act 1987 (not available on line)

Section 28(3), Victims Compensation Act 1987 (not available on-line)

Further Information
Further information can be obtained from the Victims Compensation Tribunal Registry

Finding a Solicitor
You may also wish to discuss this issue with your solicitor. Read about finding a solicitor in your area and your rights when dealing with a solicitor.