Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 54

Matters to which Tribunal must have regard

54. Matters to which Tribunal must have regard

In determining whether or not to make an award of assistance or the amount of
assistance to award, the Tribunal must have regard to the following:

   (a)  the character, behaviour (including past criminal activity and the
        number and nature of any findings of guilt or convictions) or attitude
        of the applicant at any time, whether before, during or after the
        commission of the act of violence;

   (b)  in the case of an application by a related victim-

   (i)  the character or behaviour (including past criminal activity and the
        number and nature of any findings of guilt or convictions) of the
        deceased primary victim of the act of violence;

   (ii) any obligations owed to the applicant and any other related victim
        applicants by the deceased primary victim of the act of violence;

   (iii) the financial resources (including earning capacity) and financial
        needs of the applicant and any other related victim applicants;

   (iv) if the related victim is a close family member of, or had an intimate
        personal relationship with, the deceased primary victim of the act of
        violence, the nature of the relationship between them;

   (c)  whether the applicant provoked the commission of the act of violence
        and, if so, the extent to which the act of violence was in proportion
        to that provocation;

   (d)  any condition or disposition of the applicant which directly or
        indirectly contributed to his or her injury or death;

   (e)  whether the person by whom the act of violence was committed or
        alleged to have been committed will benefit directly or indirectly
        from the award;

   (f)  any other circumstances that it considers relevant.