VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 34 Generally workers’ compensation application finally dealt with before victim assistance application

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 34

34 Generally workers’ compensation application finally dealt with before victim assistance application

(1) The person may apply for victim assistance in relation to the act of violence committed against the person only if—

(a) the person has made a workers’ compensation application; and

(b) the workers’ compensation application has been finally dealt with.

(2) The person may apply for victim assistance—

(a) within 3 years after the person’s workers’ compensation application is finally dealt with; or

(b) if the person is a child when the person’s workers’ compensation application is finally dealt with—before the person turns 21.

(3) Subsection (2) applies despite section 54 (1) .

(4) However, the scheme manager may, on application by the person, give the person approval to make an application for assistance without first making a workers’ compensation application if—

(a) the reason the person has not made the workers’ compensation application is because the prescribed period has passed; and

(b) the person has, under the Workers’ Compensation Act , section 131 (4) or (5) , applied to an insurer to waive the need to make the workers’ compensation application within the prescribed period, and has been unsuccessful; and

(c) the scheme manager is reasonably satisfied the person has a reasonable excuse for not making the workers’ compensation application within the prescribed period, having regard to any of the following—

(i) the person’s age when the act of violence was committed;

(ii) whether the person has an impaired capacity;

(iii) whether the person who allegedly committed the act of violence 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

(iv) the physical or psychological effect of the act of violence on the person;

(v) any other matter the scheme manager considers relevant.

(5) The scheme manager must give a person who applies for an approval under subsection (4) notice of the scheme manager’s decision on the application.

(6) If the scheme manager decides not to give the approval, the notice must state the following—

(a) the decision;

(b) the reasons for the decision;

Note—

See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision).

(c) the internal review details for the decision.

(7) In this section—


"prescribed period" means the period within which a workers’ compensation application may be made under the Workers’ Compensation Act , section 131 (1) .