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Drawbacks of the clawback

Author(s)Fogarty, Ben
Title Drawbacks of the clawback
Source Law Society Journal; 47 (3) April 2009: 70-73
Date 2009
Document type Journal article
Coverage NSW, Australia
Summary This article discusses the clawback provisions in the Victims Support and Rehabilitation Act 1996 (NSW) which allows the state to recover the monetary compensation awarded by way of restitution from those defendants convicted of those crimes. The author contends that the restitution process of Victims Services is procedurally unfair and fails to accord natural justice for defendants. The author discusses the law or restitution orders and the rationale behind it and then provides a detailed case study to show how it works in practice.
Keywords Restitution; Victims Support and Rehabilitation Act 1996; natural justice
Topic Restitution