Clow v Commissioner of Victims Rights

In the matter of Clow v Commissioner of Victims Rights, the respondent sought to confirm a restitution order issued against the applicant under the Victims Rights and Support Act 2013 (Vic). The applicant, convicted of an offence under the Crimes Act 1958 (Vic), argued that the order should be set aside on the grounds of lack of culpability and financial hardship. The matter was heard in the Supreme Court of Victoria.

The central issue before the court was whether the respondent was entitled to set aside a restitution order issued against the applicant. The applicant argued that the order should not stand due to a lack of culpability on their part and their current financial hardship. The respondent, on the other hand, maintained that the order was valid and enforceable, and the applicant's financial situation did not negate the obligation to compensate the victim.

The court found that the applicant's lack of culpability and financial hardship did not provide sufficient grounds to set aside the restitution order. The court noted that the primary purpose of the restitution order was to compensate the victim for their losses and that the applicant's culpability was irrelevant to the enforceability of the order. Additionally, the court held that the applicant's financial situation did not excuse their obligation to comply with the order, as the statutory scheme did not permit consideration of financial hardship as a basis for setting aside the order. Consequently, the court confirmed the restitution order dated 23 August 2016.