VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 179
Particular persons may apply for approval to apply for assistance
VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 179
Particular persons may apply for approval to apply for assistance
179 Particular persons may apply for approval to apply for assistance
(1) This section applies if, at the commencement, a person who could have made
a relevant COVA application in relation to a personal offence is out of time.
(a) the period
within which the person could have made the application, if this chapter had
not commenced, has expired; and
(b) the person has not made the application
within that period.
(3) The person can not apply for an order under
section 41 of the repealed Act.
(4) However, if the person has not previously
applied for an order under section 41 of the repealed Act in relation to the
personal offence, the person may apply to the scheme manager for approval to
apply for assistance under division 2 or 3.
(5) If the scheme manager gives
the approval, the person may—
(a) for a person who is out of time in
relation to section 24 of the repealed Act—apply for assistance under
section 156 as if the person were a person mentioned in section 154; or
(b)
for a person who is out of time in relation to section 33 or 34 of the
repealed Act—apply for assistance under section 160 as if the person were a
person mentioned in section 159; or
(c) for a person who is out of time in
relation to section 35 of the repealed Act—apply for assistance under
section 164 as if the person were a person mentioned in section 163.
(6) The
scheme manager may give the approval if the scheme manager considers it would
be appropriate and desirable to do so, having regard to the following—
(a)
the person’s age when the personal offence was committed;
(b) whether the
person has an impaired capacity;
(c) whether the person who allegedly
committed the personal offence was in a position of power, influence or trust
in relation to the person;
Examples of persons who may be in a position of
power, influence or trust in relation to a person—
a person’s parent,
spouse or carer
(d) the physical or psychological effect of the personal
offence on the person;
(e) whether the delay in the person making the
relevant COVA application undermines the possibility of a fair decision;
(f)
any other matter the scheme manager considers relevant.
(7) The scheme
manager must give the person notice of the scheme manager’s decision on the
application for approval.
(8) If the scheme manager decides not to give the
approval, the notice must state the following—