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Recovery actions

Interim payments of statutory compensation can be recovered from a claimant where an order for compensation is not made in their favour, or where the order is for less than the amount of the interim payment [Victims of Crime Act 2001 (SA) s 29(1)].

A claimant can also have statutory compensation recovered from them where they receive compensation from another source which was not taken into account when the order for statutory compensation was made. The amount recovered cannot be more than that received from the other source [s 29(2)]. In such instances, a claimant must notify the Attorney-General in writing within 30 days after being paid compensation. The maximum penalty for failure to comply is $1 250 [s 29(3)].

Where a payment is made to a claimant, the Attorney-General takes over the rights of any action by the claimant against the offender, and of the offender against any insurer or any other person indemnifying the offender [s 28(1)].

Where a claim is settled by agreement (i.e. without court proceedings) and the offender was not a party to the agreement, the offender can apply within one month to have the judgment set aside or varied [s 28(4)]. An application under section 28(4) of the Victims of Crime Act by the offender to have the judgment set aside or varied must be made by filing an interlocutory application and supporting affidavit in accordance with rule 102.1 of the Uniform Civil Rules 2020.

Recovery actions  :  Last Revised: Fri May 22nd 2020
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