VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 54 Time limit

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 54

54 Time limit

(1) An application for victim assistance for an act of violence must be made within 3 years after—

(a) the act of violence happens; or

(b) for an application by a related victim—the death of the primary victim of the act; or

(c) for a victim who is a child—the day the child turns 18.

(2) The scheme manager may, on application by a person, extend the time for the person making an application for victim assistance 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 act of violence was committed;

(b) whether the person has an impaired capacity;

(c) 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

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

(e) whether the delay in making the application undermines the possibility of a fair decision;

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

(3) The scheme manager must give a person who applies for an extension of time under subsection (2) notice of the scheme manager’s decision on the application.

(4) If the scheme manager decides not to extend the time for making an application for victim assistance, 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.