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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 58
Time limit
58 Time limit
(1) An application for funeral expense assistance must be made within— (a)
for a primary victim—3 years after the death of the victim; or
(b) for an
unborn child of a primary victim—3 years after the life of the unborn child
is destroyed.
(2) The scheme manager may, on application by a person, extend
the time for the person to make an application for funeral expense assistance
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 death
occurred;
(b) whether the person has impaired capacity;
(c) the physical or
psychological effect of the act of violence on the person;
(d) whether the
delay in making the application undermines the possibility of a fair decision;
(e) any other matter the scheme manager considers relevant.
(3) The scheme
manager must give the person notice of the scheme manager’s decision on the
application.
(4) If the scheme manager decides not to grant the application,
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.
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