VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 82
No grant if reasonable assistance not given
VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 82
No grant if reasonable assistance not given
82 No grant if reasonable assistance not given
(1) The government assessor can not grant assistance to a person if the
government assessor is satisfied, on the balance of probabilities—
(a) the
person has not given reasonable assistance in—
(i) the police investigation
(if any) of the act of violence in relation to which assistance is sought; or
(ii) if the act of violence in relation to which assistance is sought is a
crime or series of related crimes—the arrest or prosecution of the person
who committed, or allegedly committed, the act; and
(b) if paragraph (a) (ii)
applies—the failure has prevented the arrest or prosecution of the person
who committed, or allegedly committed, the act of violence.
(2) Subsection
(1) does not apply if the government assessor is reasonably satisfied the
person had a reasonable excuse for not providing the assistance.
(3) For
subsection (2) , in considering whether the person had a reasonable excuse for
not providing the assistance, the government assessor must have regard to the
following—
(a) the person’s age when the act was committed;
(b) whether
the person has an impaired capacity, whether or not it existed when the act
was committed;
(c) if the person is the primary victim of the act of
violence—whether the act of violence involves a sexual offence;
(d) whether
the person who allegedly committed the act of violence is 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—
the person’s parent, spouse or carer
(e) whether the act of violence
involves domestic violence;
(f) whether the person was threatened or
intimidated by the person who committed, or allegedly committed, the act or
violence or by someone else;
(g) the nature of the person’s injury or
alleged injury;
(h) whether any other special circumstances prevented the
person from providing the assistance;
(i) any other matter the assessor
considers relevant.