Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 175

175 Mixed applications by dependants

(1) This section applies if—

(a) someone died before the commencement in circumstances constituting murder or manslaughter; and

(b) there are 2 or more dependants of the deceased person; and

(c) 1 or more of the dependants makes an application for assistance under division 3, subdivision 2; and

(d) 1 or more of the other dependants—

(i) makes an application under section 35 of the repealed Act under section 177(4); or

(ii) had previously made an application under section 35 of the repealed Act—

(A) that was decided before the commencement; or

(B) to which section 169 applies.

(2) The dependants who apply for assistance under division 3, subdivision 2 are only eligible for assistance of up to the remaining COVA pool (if any) for the deceased person’s death.

(3) For applying sections 71 and 72 to an application for assistance under division 3, subdivision 2, a reference in section 71(2)(a) to a victim of the same kind does not include the dependants mentioned in subsection (1)(d).

(4) If the government assessor decides to grant assistance under division 3, subdivision 2, the notice given to the applicant under section 90 must also state the amount of the remaining COVA pool.

(5) To remove any doubt, it is declared that for this Act, the remaining COVA pool is an assistance limit for the dependants who apply for assistance under division 3, subdivision 2.

(6) In this section—

"dependant" means dependant as defined under schedule 3 of the repealed Act.

"prescribed amount" means the amount prescribed under the repealed Act for section 35 (2) of that Act.

"remaining COVA pool" , for a deceased person’s death, means the part of the prescribed amount that has not been paid under section 35 of the repealed Act to the deceased person’s dependants for the deceased person’s death.