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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 36I
Deferring decision if NIISQ application not made or not decided
36I Deferring decision if NIISQ application not made or not decided
(1) This section applies if— (a) the primary victim applies for victim
assistance in relation to the act of violence; and
(b) either— (i) an NIISQ
application has not been made; or
(ii) an NIISQ application has been made but
has not been decided by the agency under the NIISQ Act .
(2) The government
assessor may defer deciding the application, or defer deciding the amount of
assistance to be granted, until the NIISQ application is decided. Note—
However, under section 36J the government assessor must decide the application
to the extent it relates to assistance for particular expenses despite the
deferral under this section.
(3) If, under subsection (2) , the application
or the amount of assistance to be granted is not decided within 2 years after
the application was made, the government assessor must, despite that
subsection, make the decision as soon as reasonably practicable.
(4) If the
government assessor defers deciding the application or the amount of
assistance to be granted under subsection (2) , the government assessor must
give the primary victim 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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