Issue 4: Process for recovering money It is proposed that the trustee would be Victims Service supports either mechanism required to release relevant funds either: for distributing the relevant funds to victims. Given there may be multiple Both options suggested here are viable. compensation orders or other debts by paying them into court, which attributed to a perpetrator, it would not distributes the funds according to its usual Where the offender has multiple claims be appropriate for all the relevant processes; or against them, the process for payment contributions to be paid directly to an by releasing them through some should ensure that the available funds are uncompensated or partially mechanism to centralise and streamline fairly distributed between victims so that one compensated victim with a release and payment. For example, there victim does not receive payment before compensation order. Further, trustees are existing processes in place to facilitate another and funds are exhausted early. may be uncomfortable with any release of amounts from superannuation, requirement to pay someone other than which might be built upon to facilitate the member or the contributor. releases for victims of crime. To further avoid the perpetrator not paying Supported. victims, any claw-back mechanism would also need to apply to voluntary contributions to the perpetrator’s account by any person, or any contributions by the perpetrator to ‘gifted’ another person’s account.
Issue 4: Process for recovering money Given there may be multiple compensation orders or other debts attributed to a perpetrator, it would not be appropriate for all the relevant contributions to be paid directly to an uncompensated or partially compensated victim with a compensation order. Further, trustees may be uncomfortable with any requirement to pay someone other than the member or the contributor. It is proposed that the trustee would be required to release relevant funds either: by paying them into court, which distributes the funds according to its usual processes; or by releasing them through some mechanism to centralise and streamline release and payment. For example, there are existing processes in place to facilitate release of amounts from superannuation, which might be built upon to facilitate releases for victims of crime. Victims Service supports either mechanism for distributing the relevant funds to victims. Both options suggested here are viable. Where the offender has multiple claims against them, the process for payment should ensure that the available funds are fairly distributed between victims so that one victim does not receive payment before another and funds are exhausted early. To further avoid the perpetrator not paying victims, any claw-back mechanism would also need to apply to voluntary contributions to the perpetrator’s account by any person, or any contributions ‘gifted’ by the perpetrator to another person’s account. Supported.
c2018-t293803-NewSouthWales-Department-of-Justice.docx