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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 34
Generally workers’ compensation application finally dealt with before victim assistance application
34 Generally workers’ compensation application finally dealt with before
victim assistance application
(1) The person may apply for victim assistance in relation to the act of
violence committed against the person only if— (a) the person has made a
workers’ compensation application; and
(b) the workers’ compensation
application has been finally dealt with.
(2) The person may apply for victim
assistance— (a) within 3 years after the person’s workers’ compensation
application is finally dealt with; or
(b) if the person is a child when the
person’s workers’ compensation application is finally dealt with—before
the person turns 21.
(3) Subsection (2) applies despite section 54 (1) .
(4)
However, the scheme manager may, on application by the person, give the person
approval to make an application for assistance without first making a
workers’ compensation application if— (a) the reason the person has not
made the workers’ compensation application is because the prescribed period
has passed; and
(b) the person has, under the Workers’ Compensation Act ,
section 131 (4) or (5) , applied to an insurer to waive the need to make the
workers’ compensation application within the prescribed period, and has been
unsuccessful; and
(c) the scheme manager is reasonably satisfied the person
has a reasonable excuse for not making the workers’ compensation application
within the prescribed period, having regard to any of the following— (i) the
person’s age when the act of violence was committed;
(ii) whether the
person has an impaired capacity;
(iii) whether the person who allegedly
committed the act of violence 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
(iv) the physical or psychological effect of the act of
violence on the person;
(v) any other matter the scheme manager considers
relevant.
(5) The scheme manager must give a person who applies for an
approval under subsection (4) notice of the scheme manager’s decision on the
application.
(6) If the scheme manager decides not to give 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.
(7) In this section—
"prescribed period" means the period within which a workers’ compensation
application may be made under the Workers’ Compensation Act , section 131
(1) .
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