New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 23A

23A Claim may not be made for acts of violence occurring before successful claim lodged

(1) A person is not entitled to claim statutory compensation in respect of an act of violence (the "uncompensated act of violence") if:

(a) the Tribunal or a compensation assessor has at any time awarded statutory compensation to the person in respect of another act of violence, and

(b) the uncompensated act of violence occurred before the person lodged the application for statutory compensation in respect of the other act of violence.

(2) However, subsection (1) does not prevent the person from claiming statutory compensation in respect of the uncompensated act of violence if the Tribunal or compensation assessor is satisfied that:

(a) but for section 22 (2), the person would have claimed statutory compensation before lodging the application in respect of the other act of violence, or

(b) the case involves exceptional circumstances that justify an exception being made to subsection (1).

(3) Subsection (1) does not prevent a person claiming statutory compensation in the person’s capacity as a family victim or under section 33A in respect of funeral expenses.

(4) A reference in this section to a person who has lodged an application for statutory compensation includes a reference to a person on whose behalf such an application has been lodged.