How To Determine Repayment

Consideration should, in the first instance, be given to reducing the amount of the debtor's repayment to a level commensurate with his or her current financial circumstances.

This may mean that if circumstances later improve, the rate of repayment may then be renegotiated.

Generally, where the debtor is being paid through Comcare's direct payroll via the Department of Finance, it would be quite difficult to establish grounds for write off or waiver, as the debtor is continuing to receive compensation payments.

In all cases, the onus is on the debtor to establish that he or she is in financial difficulty.  To establish that the debtor does not have the capacity to repay, he or she must provide details of current financial circumstances, by completing a Statement of Financial Circumstances Form (at Appendix 5).