Part 4 — Orders in addition to sentence; Division 2A — Recovery of assistance paid under VOCA Act 1996; Division 2B — Recovery of costs incurred by emergency service agencies

Question 1

87A — Recovery of assistance paid under VOCA Act

Answer 1

(1) (a)-(b) Essentially, if an award of assistance is made or varied under that Act, Court may, on the application of the State, order offender to pay the State an amount equal to or part of that assistance, together with any costs awarded in respect of the application for assistance.
(2) Must be made within later of 6 months from (a) day of guilty finding (b) award
(3) Can be in (a) lumpsum (b) partly instalments (c) fully instalments

(4) Have to give offender reason opp to be heard and have to have regard to:
● (a) Financial resources and financial needs including earning capacity
● (b) Any obligations owed by offender to another person
● (c) Any other circumstances the court considers relevant
(5) Not prevented from making order only bc can’t find out about circumstances.
(6) Offender can appear personally, by lawyer or by another person (with the leave of Court).
(7) Court can vary order at any time.

Question 2

87B — Enforcement of order under 87A

Answer 2

(1) Judgment debt enforceable in court where order made (2) money is paid into the CRF.

Question 3

87C — Definitions

Answer 3

● Notably, emergency includes an apparent emergency
● Broad definition of emergency services agency (includes VicPol, Fire Rescue Victoria, CFA, VSES, Ambulance Victoria etc.)
● Broad definition of emergency services worker (includes po po, reservist, person employed by fire rescue victoria, CFA employee, firefighter, paramedic, hospital wrkr)

Question 4

87D — Costs recovery order

Answer 4

(1) Only for narrow offences (a) contamination of goods and (b) bomb hoaxes may, on application, order offender to pay to state such money as the court thinks fit for costs reasonably incurred by any ESA in providing an immediate response to an emergency arising out of the commission of the offence.
(2) Can include remuneration (holiday leave, super contributions etc) in respect of an emergency worker involved in the provision of the immediate response.
(3) Can be in instalments etc - becomes immediately payable on default

Question 5

87E — Application for costs recovery order

Answer 5

(a) by DPP or, in MC, can be DPP, police informant or police pros; (b) within 12 months of finding of guilt.

Question 6

87F — Extension of time for making application

Answer 6

(1) Can if in IOJ, (2) apply any time, (3) must give reasonable opp to be heard to offender

Question 7

87G — how offender may appear on application

Answer 7

(a) Personally, (b)(i) lawyer or with (ii) leave of the court by another person

Question 8

87H — Court may have regard to relevant facts

Answer 8

(1)(a) evidence given at hearing of charge, (b) statement of material facts, (c) available documents, together with admissions (2) ADs = (a) any written statements/admissions, (b) depositions (d) written statement on behalf of EW talking about the costs incurred

Question 9

87I — Evidence

Answer 9

(a) court must give the offender a reasonable opportunity to be heard
(b) Applicant may give evidence or call a witness, (c) same for offender
(d) Court may, at the request of offender or applicant, call a person who has made a statement of costs to give evidence (e) W may be X’med, X-exam’d; (f) Finding of fact in substantive proceeding is proof of that fact unless there is evidence to the contrary
(g) can be provied with doc under seal (h) can regard 87H(1) evidence/statement

Question 10

87J — Court may take financial circumstances of offender into account

Answer 10

(1) Amount and method of payment, nature of burden etc (2) not prevent if cant find out circs
(3) (a)-(b) if offender has insufficient means to pay for CRO, fine, and compo order, preference is compo order, then cost recovery order, then fine

Question 11

87K — Court to give reasons for its decision

Answer 11

(1)(a) In writing, (b) records of the court, (2) not invalidated on on-compliance

Question 12

87L — Costs of proceedings

Answer 12

Bear own costs unless court otherwise orders.

Question 13

87M — Right to bring civil proceedings unaffected (ie, by the ESA)

Answer 13

87M — Right to bring civil proceedings unaffected (ie, by the ESA)

Question 14

87N — Enforcement of order

Answer 14

Judgment debt etc, enforced by Court in which it was made