Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 29

Time for making application

29. Time for making application



(1) An application must be made within 2 years after the occurrence of the act
of violence or, in the case of an application by a related victim or a person
who has incurred funeral expenses, within 2 years after the death of the
primary victim.

(2) The Tribunal must strike out an application made out of time unless it
considers that, in the particular circumstances, the application ought not to
be struck out.

(3) In determining whether to further hear and determine an application made
out of time, the Tribunal must have regard to-

   (a)  the age of the applicant at the time of the occurrence of the act of
        violence;

   (b)  whether the applicant is intellectually disabled within the meaning of
        the Disability Act 2006 or mentally ill within the meaning of the
        Mental Health Act 1986;

   (c)  whether the person who committed, or is alleged by the applicant to
        have committed, the act of violence was in a position of power,
        influence or trust in relation to the applicant;

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

   (e)  whether the delay in making the application threatens the capacity of
        the Tribunal to make a fair decision;

   (f)  whether the applicant was a child at the time of the occurrence of the
        act of violence and the application was made within a reasonable time
        after he or she reached the age of 18;

   (g)  all other circumstances that it considers relevant.

(4) The Tribunal must not decide to further hear and determine an application
made out of time only because the applicant was unaware of this Act or of the
Criminal Injuries Compensation Act 1983 or the Criminal Injuries Compensation
Act 1972 or of the time within which applications must be made under any such
Act.