Australian Capital Territory Current Acts

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VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 2016 - SECT 46

Deciding amount of financial assistance

    (1)     The commissioner must decide the amount of financial assistance that may be given to an applicant for financial assistance if the commissioner

        (a)     believes on reasonable grounds that the applicant is eligible to apply for the assistance under division 3.1 (Eligibility); and

        (b)     is satisfied that the application for the assistance complies with division 3.4 (Applications for financial assistance); and

        (c)     has decided under section 45, that no disqualifying circumstances apply in relation to the applicant.

    (2)     The commissioner must—

        (a)     for an application that includes a claim for an immediate need payment—

              (i)     consider the extent to which services are available to the applicant—

    (A)     under the victims services scheme; and

    (B)     from other sources; and

              (ii)     decide the immediate needs the applicant has; and

              (iii)     decide the immediate need payment to be made to the applicant; and

        (b)     for an application that includes a claim for an economic loss payment—

              (i)     consider the extent to which services are available to the applicant—

    (A)     under the victims services scheme; and

    (B)     from other sources; and

              (ii)     decide the applicant's economic loss; and

              (iii)     decide the economic loss payment to be made to the applicant; and

        (c)     for an application that includes a claim for a recognition payment—

              (i)     identify the act of violence that is the subject of the application; and

              (ii)     for a primary victim

    (A)     decide whether the act of violence occurs in a circumstance of aggravation; and

    (B)     decide whether the act of violence caused a very serious injury that is likely to be permanent; and

              (iii)     decide the recognition payment to be made to the applicant; and

        (d)     if section 47 applies—reduce the amount in accordance with that section.

    (3)     The commissioner must tell the applicant, by written notice, the commissioner's decision.



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