Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 180

180 Particular persons may apply for approval to apply for assistance

(1) This section applies if, at the commencement—

(a) a person who could have made a relevant Code application in relation to a personal offence is out of time; and

(b) the person has not previously made or purported to make the application.

(2) For subsection (1), a person is
"out of time" for making a relevant Code application if, because of the application of the Limitations of Actions Act 1974 —

(a) the period within which the person could have made the application, if this chapter had not commenced, has expired; and

(b) the person has not made the application within that period.

(3) The person may apply to the scheme manager for approval to apply for assistance under division 2.

(4) If the scheme manager gives the approval, the person may apply for assistance under section 156 as if the person were a person mentioned in section 154.

(5) The scheme manager may give the approval if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following—

(a) the person’s age when the personal offence was committed;

(b) whether the person has an impaired capacity;

(c) whether the person who allegedly committed the personal offence was in a position of power, influence or trust in relation to the person;

Examples of persons who may be in a position of power, influence or trust in relation to a person—

a person’s parent, spouse or carer

(d) the physical or psychological effect of the personal offence on the person;

(e) whether the person’s delay in making the relevant Code application undermines the possibility of a fair decision;

(f) any other matter the scheme manager considers relevant.

(6) The scheme manager must give the person notice of the scheme manager’s decision on the application for approval.

(7) If the scheme manager decides not to grant the approval, the notice must state the following—

(a) the decision;

(b) the reasons for the decision;

Note—

See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision).

(c) the internal review details for the decision.

(8) In this section—

"relevant Code application" means an application for an order under section 663B of the repealed Criminal Code chapter.