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20.27.9 Contact with the client

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Where a client is imprisoned on remand and this fact is known to DVA, it is desirable to write to the client advising them that S23(2) may apply if they are convicted of an offence. Such notification may assist a client to rearrange his/her financial affairs and thus limit the impact of any possible overpayment of compensation arising from a subsequent conviction.

When compensation is cancelled because of the operation of S23(2), it is important to write to the client attaching a copy of the relevant determination and advising them that:

  • entitlement to compensation benefits will be restored upon release from imprisonment if liability still exists
  • they should contact DVA immediately before or upon release to arrange for restoration of incapacity payments if appropriate, and
  • other compensation entitlements (e.g. permanent impairment, medical expenses, rehabilitation) continue during the period of imprisonment.
References
  • Comcare Operations Manual vol.10, pt.8 : imprisonment
  • Blunn v Bulsey (1994) 53 FCR 572 : 'in connection with'
  • Crimes Regulations (Amendment) SR 1997, No.14 : NSW home detention