NSWIn ForceAct
Victims Rights and Support Act 2013
48Victims support may be approved subject to conditions
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#### 48 Victims support may be approved subject to conditions
48 Victims support may be approved subject to conditions
> > (1) Approval for the giving of financial support or making of a recognition payment may be given by the Commissioner subject to any of the following conditions—
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> > > (a) notification to the Commissioner of such matters (including matters relating to the financial circumstances of the person to or for whose benefit the approval is given) as may be specified in the notice of determination relating to the approval,
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> > > (b) assignment by the person to or for whose benefit the approval is given of that person’s right to any entitlement that the person has by way of damages awarded in civil proceedings,
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> > > (c) repayment of the whole or any part of the amount of the financial support or recognition payment under such circumstances as may be specified in the notice of determination relating to the approval,
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> > > (d) in the case of victims support that is payable to a person for the benefit of some other person—
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> > > > (i) as to the payment of the money received under the approval to or for the benefit of that other person, or
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> > > > (ii) as to the holding of the whole or any part of that money on trust for that other person.
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> > (2) An approval of victims support is subject to the following conditions—
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> > > (a) the person to or for whose benefit the approval is given (other than a family victim) must notify the Commissioner of any money received in the future from other sources in connection with the injuries, expenses and losses taken into account in giving the approval,
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> > > (b) the person to or for whose benefit the approval is given (other than a family victim) must repay from the amount approved any such future amounts referred to in paragraph (a) on demand by the Commissioner,
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> > > (c) the person to or for whose benefit the approval is given must repay to the Commissioner the amount approved if it is subsequently ascertained that the approval was obtained by fraud or collusion,
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> > > (d) the person to or for whose benefit the approval is given (if a primary victim of an act of violence or act of modern slavery) is to provide reasonable assistance to any person or body engaged in the official investigation of the act of violence or act of modern slavery.
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> > (2A) An approval of victims support is also subject to the condition that the person to or for whose benefit the approval is given must notify the Commissioner of any amount that the person has already received from other sources in connection with the act of violence to which the victims support relates.
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> > (2B) Payment under section 54 of the whole or any part of victims support may be withheld by the Commissioner if the person to or for whose benefit the approval is given fails to comply with subsection (2A).
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> > (3) The regulations may prescribe other conditions to which an approval of victims support is subject.
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> > (4) An amount that is required to be repaid in accordance with the conditions to which an approval of victims support is subject and that is not repaid may be recovered by the Commissioner as if it were a debt due to the Commissioner.
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> **s 48:** Am 2018 No 30, Sch 5.7\[16\]; 2018 No 34, Sch 1 \[11\].