Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 60

Variation of award

60. Variation of award



(1) The Tribunal may, on the application of the person to whom, or for whose
benefit, an award of assistance was made (including an award of special
financial assistance made in accordance with section 8A), vary the award
(including an award that has been previously varied) in any manner that the
Tribunal thinks fit, whether as to the terms of the award or by increasing or
decreasing the amount of assistance awarded or in some other way.

(2) The Tribunal must not make an order for variation of an award if the
application for variation is made more than 6 years after the making of the
original award unless the person to whom, or for whose benefit, the award was
made was under 18 years of age when the original award was made in which case
an application may be made at any time up until he or she turns 24.

(3) In considering an application for variation the Tribunal must have regard
to-

   (a)  any fresh evidence that has become available since the award was made
        or last varied;

   (b)  any change of circumstances that has occurred since the award was made
        or last varied or that is likely to occur;

   (c)  any payments received by or payable to the person to whom, or for
        whose benefit, an award of assistance was made in respect of the
        injury or death since the award was made or last varied;

   (d)  anything else that the Tribunal thinks is relevant.

(4) In exercising its power under this section, the Tribunal must do so in
accordance with the other provisions of this Act relating to the payment of,
or the amount of, assistance.

Division 3-Refunds