Australian Capital Territory Current Acts

VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 2016 - SECT 47

    (1)     This section applies if the commissioner believes on reasonable grounds that, for an act of violence that is the subject of an application for financial assistance, the applicant has—

        (a)     received an associated payment covering the same harm or loss as the financial assistance is intended to cover; or

        (b)     previously been required to repay an amount under part 5 (Repayment of financial assistance and funeral expenses by assisted person) and has not repaid the amount; or

        (c)     previously been required to repay an amount under part 6 (Recovery from offender) and has not repaid the amount; or

        (d)     been involved in contributory conduct.

    (2)     The commissioner must reduce the amount of financial assistance to the applicant by an amount—

        (a)     if circumstances mentioned in subsection (1) (a) apply—equal to the associated payment; or

        (b)     if circumstances mentioned in subsection (1) (b) or (c) apply—equal to the outstanding repayment amount; or

        (c)     if circumstances mentioned in subsection (1) (d) apply—that the commissioner is satisfied is appropriate, taking into account the applicant's contributory conduct.

    (3)     In this section:

"contributory conduct "means any of the following conduct by the applicant:

        (a)     conduct that contributed to the injury suffered by the applicant as a result of the act of violence that is the subject of the application;

        (b)     participating in or assisting in the act of violence that is the subject of the application;

        (c)     encouraging someone else to participate in or assist in the act of violence that is the subject of the application;

        (d)     failing to take reasonable steps to mitigate the extent of injury that arose from the act of violence.