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Victims of Crime Assistance Act 2009
sec.190Disputing amount State may recover
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### sec.190 Disputing amount State may recover
This section applies if a person who is given a notice under section 189 disputes the amount the State will seek to recover from the person under this subdivision.
The person may, within 28 days after being given the notice, give notice of the dispute (the dispute notice ) to the scheme manager.
The dispute notice must state—
the amount the person claims that the State is entitled to recover from the person under this subdivision; and
the facts relied on by the person to support the person’s claim.
After considering the dispute notice, the scheme manager must decide the amount the State will seek to recover from the person which may be—
the amount stated in the notice given under section 189; or
a lower amount.
The scheme manager must give the person notice of the scheme manager’s decision.
If the amount decided by the scheme manager under subsection (4) is higher than the amount the person claims that the State is entitled to recover from the person under this subdivision, the notice given under subsection (5) must be a QCAT information notice.
The person may apply, as provided under the QCAT Act, to QCAT for a review of the scheme manager’s decision under subsection (4).
(sec.190-ssec.1) This section applies if a person who is given a notice under section 189 disputes the amount the State will seek to recover from the person under this subdivision.
(sec.190-ssec.2) The person may, within 28 days after being given the notice, give notice of the dispute (the dispute notice ) to the scheme manager.
(sec.190-ssec.3) The dispute notice must state— the amount the person claims that the State is entitled to recover from the person under this subdivision; and the facts relied on by the person to support the person’s claim.
(sec.190-ssec.4) After considering the dispute notice, the scheme manager must decide the amount the State will seek to recover from the person which may be— the amount stated in the notice given under section 189; or a lower amount.
(sec.190-ssec.5) The scheme manager must give the person notice of the scheme manager’s decision.
(sec.190-ssec.6) If the amount decided by the scheme manager under subsection (4) is higher than the amount the person claims that the State is entitled to recover from the person under this subdivision, the notice given under subsection (5) must be a QCAT information notice.
(sec.190-ssec.7) The person may apply, as provided under the QCAT Act, to QCAT for a review of the scheme manager’s decision under subsection (4).
- (a) the amount the person claims that the State is entitled to recover from the person under this subdivision; and
- (b) the facts relied on by the person to support the person’s claim.
- (a) the amount stated in the notice given under section 189; or
- (b) a lower amount.