New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 30

30 Reasons for not making award or for reducing amount of compensation payable

(1) In determining whether or not to make an award of statutory compensation and in determining the amount of compensation to award, the compensation assessor must have regard to the following:

(a) any behaviour (including past criminal activity), condition, attitude or disposition of the primary or secondary victim concerned that directly or indirectly contributed to the injury or death sustained by the victim,

(b) whether the act of violence was reported to a police officer within a reasonable time,

(b1) whether the act of violence was reported to a relevant health professional or practitioner, or a relevant agency,

(c) whether that victim participated in the commission of the act of violence, encouraged another person to commit the act of violence or otherwise gave assistance to any person by whom the act of violence was committed,

(d) whether that victim has failed to provide reasonable assistance to any person or body duly engaged in the investigation of the act of violence or in the arrest or prosecution of any person by whom the act of violence was committed or alleged to have been committed,

(d1) whether that victim failed to take reasonable steps to mitigate the extent of the injury sustained by the victim, such as seeking appropriate medical advice or treatment, or undertaking counselling, as soon as practicable after the act of violence was committed,

(e) such other matters as the compensation assessor considers relevant.

(2) In determining whether a matter relating to a victim was reported to a police officer within a reasonable time, the compensation assessor may have regard to such matters as the assessor considers relevant, including the following:

(a) the age of the victim when the act of violence is alleged to have occurred,

(b) any intellectual or psychiatric disability to which the victim is subject,

(c) the nature of the relationship between the victim and the person or persons by whom the act of violence is alleged to have been committed,

(d) any fear of retaliation by any such person or persons to which the victim is subject,

(e) the nature of any injury alleged to have been sustained by the victim,

(f) any representation made by or on behalf of a police officer to a victim as to whether he or she should withdraw his or her complaint in relation to the act of violence or consent to no further action being taken in relation to the act of violence.

(2A) In determining the matter referred to in subsection (1) (d1) in the case of an act of violence involving sexual assault or domestic violence, the compensation assessor must have regard to the nature of the relationship between the victim and the person or persons by whom the act of violence is alleged to have been committed.

(3) In determining the amount of statutory compensation to award to a person, the compensation assessor must have regard to:

(a) any amount that has been paid to the person or that the person is entitled to be paid:

(i) by way of damages awarded in civil proceedings, or

(ii) under any other Act or law (including workers compensation), or

(iii) under any insurance or other agreement, and

(b) any other amount that has been received by the person or that (in the opinion of the assessor) is likely to be received by the person,

in respect of the act of violence to which the application for statutory compensation relates.

(4) If the compensation assessor is satisfied that the applicant may be entitled to workers compensation (or payment in the nature of workers compensation) in respect of the act of violence to which the application for statutory compensation relates, the assessor is to postpone the determination of the application until any entitlements to workers compensation have been determined.

(4A) The compensation assessor may postpone the determination of a person’s application for statutory compensation pending the determination of another application for statutory compensation if the person has been convicted of an offence that is a "relevant offence" under section 46 in relation to that other application.

(5) This section (other than subsection (3)) applies to an application for statutory compensation by a family victim and to the primary victim through whom the claim is made. Accordingly, despite anything to the contrary in section 16, the amount of $50,000 payable to family victims may be reduced or no award may be made.