New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 22

22 Secondary or family victims

(1) A secondary victim or family victim is not eligible to receive statutory compensation if the primary victim through whom he or she is claiming is not eligible, or if the primary victim had not died would not have been eligible, to receive statutory compensation to which section 14 applies.

(2) A secondary victim is not entitled to claim statutory compensation before 1 year has elapsed since the act of violence concerned occurred, unless:

(a) a notice of the secondary victim’s intention to claim statutory compensation has been served (in accordance with the rules) on:

(i) the primary victim through whom he or she is claiming, or

(ii) if that primary victim has died-at least one of the immediate family of that primary victim, and

(b) no application has been made by or on behalf of that primary victim, or a relevant family victim, within 3 months after the service of the notice.

(3) Despite subsection (2), such a secondary victim is entitled to claim statutory compensation within that period of 1 year if an application for statutory compensation made by or on behalf of that primary victim or a relevant family victim has been finally disposed of.