New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 26

26 Time for lodging applications

(1) An application for statutory compensation must be duly lodged within 2 years after the relevant act of violence occurred or, in the case of a family victim, within 2 years after the death of the primary victim.

(2) An application that is lodged out of time may be accepted with the leave of the Director.

(2A) However, leave may not be given for the acceptance of an application lodged out of time if the application is for statutory compensation for prescribed expenses.

(3) The following policies apply to the giving of leave by the Director for the acceptance of an application lodged out of time:

(a) leave should not be given unless the applicant establishes that there is good reason to do so,

(b) however, leave should be given in cases of sexual assault, domestic violence or child abuse unless the Director is satisfied that there is no good reason to do so,

(c) leave should not be given merely because the applicant is unaware of the time within which applications should be lodged,

(d) the matters taken into account under section 30 (2) for the purpose of determining whether an act of violence was reported to a police officer within a reasonable time should also be taken into account for the purpose of determining whether there is a good reason for giving leave.