New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 24

24 Other persons not eligible to receive compensation

(1) Claimants for court compensation awards A person is not eligible to receive statutory compensation in respect of an act of violence if the person has been paid, or is entitled to be paid, compensation awarded by a court in respect of that act under Part 4 or if the person’s application for such compensation is pending.

(2) Motor vehicle accidents A person is not eligible to receive statutory compensation in respect of an act of violence if that act took the form of, or the injury arose as a consequence of, a motor accident within the meaning of the Motor Accidents Compensation Act 1999 .

(3) Offenders A person is not eligible to receive statutory compensation in respect of an act of violence if it occurred while the person was engaged in behaviour constituting an offence.

(4) Convicted inmates A person is not, except as provided by subsection (5), eligible to receive statutory compensation in respect of an act of violence if it occurred while the person was imprisoned as a convicted inmate within the meaning of the Crimes (Administration of Sentences) Act 1999 (unless the person was imprisoned only because of the person’s failure to pay a pecuniary penalty).

(5) Exception to ineligibility of convicted inmates However, any such convicted inmate may, in special circumstances, receive statutory compensation. Any such award must not be made unless:

(a) the award of compensation is made by the Tribunal, and

(b) the Tribunal is satisfied that the special circumstances of the case justify an exception being made to the general ineligibility of convicted inmates.

Without limiting the foregoing, the Tribunal may determine that special circumstances exist if the convicted inmate is seriously and permanently injured as a result of the act of violence concerned.