(b) the person has not previously made or purported to make
the application.
(2) For subsection (1), a person is
"out of time" for making a relevant Code application if, because of the
application of the Limitations of Actions Act 1974 —
(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 may apply to the scheme manager for
approval to apply for assistance under division 2.
(4) If the scheme manager
gives the approval, the person may apply for assistance under section 156 as
if the person were a person mentioned in section 154.
(5) 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 person’s delay in making the
relevant Code application undermines the possibility of a fair decision;
(f)
any other matter the scheme manager considers relevant.
(6) The scheme
manager must give the person notice of the scheme manager’s decision on the
application for approval.
(7) If the scheme manager decides not to grant the
approval, the notice must state the following—