New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 23

23 Eligibility to receive compensation in respect of same act of violence

(1) A person is not eligible to receive more than one award of statutory compensation in respect of the same act of violence.

(1A) If a person’s application for statutory compensation in respect of an act of violence has been finally determined by the dismissal of the application, the person is not eligible to receive an award of statutory compensation by means of a further application that is made:

(a) in respect of the same act of violence, and

(b) in the same capacity of primary victim, secondary victim or family victim.

(1B) This section does not prevent a person from receiving:

(a) an award of statutory compensation to which section 14 applies in addition to an award of Victims Assistance in respect of the same act of violence, or

(b) in a case where the person’s application for Victims Assistance has been dismissed-an award of statutory compensation to which section 14 applies in respect of the same act of violence, or

(c) in a case where the person’s application for statutory compensation to which section 14 applies has been dismissed-an award of Victims Assistance in respect of the same act of violence.

Note: However, section 14 (3) prevents a person from being granted compensation for financial loss to the extent that Victims Assistance has been awarded for that loss. Further, under section 14A (6), Victims Assistance is not payable to a person who has already been awarded statutory compensation to which section 14 applies in respect of the same act of violence.

(2) No more than one award of compensation may be made with respect to any one application for statutory compensation.

(3) A person is eligible to receive statutory compensation in respect of the same act of violence in only one of the capacities of primary victim, secondary victim or family victim.