The FAS has the power to require victims to repay assistance in the following limited circumstances:
| Circumstance | Required repayment |
|---|---|
| When the FAS pays a victim interim assistance, but later refuses the application. | The FAS may require a victim to repay the amount of interim assistance paid. |
| When a victim receives a payment from another scheme, such as TAC or WorkCover and the FAS has paid the victim for the same type of assistance. | The FAS may require repayment of any assistance already paid by the FAS for that same assistance type. |
| Where a victim receives a reduction in their payment following a variation or internal review application. | The FAS may require a victim to repay the difference between the original amount and the new amount. |
The FAS will generally only require assistance to be repaid in limited circumstances and after carefully considering the circumstances.
If an application is refused for any reason, this will not automatically result in the victim being required to repay interim assistance.
When deciding whether a victim should repay assistance, the FAS will consider:
- the victim’s circumstances and the impact that repayment will have on the victim
- the amount of assistance that may need to be repaid
- the circumstances leading to the potential repayment, including whether there was any dishonesty involved, and
- any other relevant circumstances.
Updated