New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 29

29 Determination of applications

(1) After considering an application for statutory compensation, the compensation assessor must determine the application:

(a) by making an award of statutory compensation, or

(b) by dismissing the application.

(1AA) If the application is for statutory compensation to which section 14 applies and the compensation assessor is satisfied that the applicant is not eligible to receive that kind of statutory compensation (solely because of the operation of section 20), but is eligible to receive statutory compensation for prescribed expenses, the compensation assessor may, with the consent of the applicant, determine the application as if it were an application for statutory compensation for prescribed expenses.

(1A) An award of statutory compensation may be made to a family victim whenever the compensation assessor who is determining the application is satisfied that there is no other family victim who is likely to make an application for statutory compensation.

(1B) For the purposes of subsection (1A), the compensation assessor may assume that there is no other family victim who is likely to make an application if:

(a) 3 months has elapsed since the application being determined was lodged, and

(b) no other family victim has lodged an application or notified the Director that an application is intended to be made.

(2) An award of statutory compensation must not be made unless the compensation assessor is satisfied, on the balance of probabilities, that the person to whom the application for that compensation relates:

(a) is a primary victim, secondary victim or family victim of an act of violence, and

(b) is eligible to receive the amount of compensation provided by the award.

(3) The compensation assessor must, in determining the application, have regard to the guidelines issued by the Tribunal under section 65.

(4) Written notice is to be given to the applicant of the determination of the application.

(5) If an award of compensation is made, the notice must include:

(a) a statement of the amount (if any) payable by way of compensation for compensable injuries and a statement of the amount (if any) payable by way of compensation for financial loss (or compensation for prescribed expenses), together with a statement of the reasons for awarding those amounts, and

(b) a statement of the amount (if any) payable by way of costs.

(6) If the application is dismissed, the notice must include a statement of the reasons for the dismissal.