Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 16

Other entitlements to be taken into account

16. Other entitlements to be taken into account

In determining the amount (if any) to be awarded to an applicant, the
Tribunal-

   (a)  subject to paragraph (ab), must take into account and reduce the
        amount by the total amount of-

   (i)  any damages that the applicant has recovered at common law; and

   (ii) any compensation, assistance or payments of any other kind that the
        applicant has received- for the loss, expense or other matter for
        which assistance is sought from the Tribunal; and

   (ab) in the case of special financial assistance under section 8A or an
        amount under section 13(2)(c), must not take into account any payments
        under any insurance policy (including life and health insurance) or
        superannuation scheme that the applicant has received or has not
        received but is entitled to receive, or would be entitled to receive
        if he or she applied for them, for the loss, expense or other matter
        for which assistance is sought from the Tribunal; and

   (ac) must take into account and reduce the amount by any amount of
        financial assistance that the applicant has been awarded or is
        eligible to be awarded under section 12 of the Transport Act 1983 in
        relation to the incident to which the application relates; and

   (b)  in all cases but subject to paragraph (ab), may take into account and
        reduce the amount by the total amount of-

   (i)  any compensation, assistance or payments of any kind under any scheme,
        whether statutory or non-statutory, including that managed by the
        Transport Accident Commission and the Victorian WorkCover Authority
        and that established by the Police Assistance Compensation Act 1968
        and any predecessor of any such schemes; and

   (ii) any payments under any insurance policy (including life and health
        insurance) or superannuation scheme- that the applicant has not
        received but is entitled to receive, or would be entitled to receive
        if he or she applied for it or them, for the loss, expense or other
        matter for which assistance is sought from the Tribunal.