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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 36D
Requirement to defer decision—motor accident claim not made
36D Requirement to defer decision—motor accident claim not made
(1) This section applies if— (a) the person (the
"applicant" ) applies for victim assistance in relation to the act of
violence; and
(b) the applicant has not made a motor accident claim in
relation to the motor vehicle accident.
(2) The government assessor must
defer deciding the application until— (a) the applicant has made a motor
accident claim in relation to the motor vehicle accident; and
(b) the claim
has been finally dealt with.
Note— However, under section 36F the
government assessor must decide the application to the extent it relates to
assistance for counselling expenses despite the deferral under this section.
(3) However, subsection (2) does not apply if the scheme manager is
satisfied— (a) that— (i) a motor accident claim by the applicant in
relation to the motor vehicle accident is barred under the
Motor Accident Insurance Act 1994 , section 37 (3) ; or
(ii) the applicant
has tried unsuccessfully under the Motor Accident Insurance Act 1994 ,
section 37 (3) to give notice of a motor accident claim in relation to the
motor vehicle accident after the period mentioned in section 37 (2) of that
Act; and
(b) the applicant has a reasonable excuse for not making the motor
accident claim within the period mentioned in section 37 (2) of that Act.
(4)
For deciding whether the applicant has a reasonable excuse under subsection
(3) (b) , the scheme manager must have regard to each of the following— (a)
the applicant’s age at the time the act of violence occurred;
(b) whether
the applicant has impaired capacity;
(c) whether the person who allegedly
committed the act of violence was in a position of power, influence or trust
in relation to the applicant; Examples of persons who may be in a position of
power, influence or trust in relation to the applicant— the applicant’s
parent, spouse or carer
(d) the physical or psychological effect of the act
of violence on the applicant;
(e) any other matter the scheme manager
considers relevant.
(5) If the scheme manager decides the applicant does not
have a reasonable excuse, the scheme manager must give the applicant a notice
stating 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.
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