Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 77

77 Obtaining information about relevant payments

(1) If the government assessor has the necessary consent for obtaining information under this section about an applicant for victim assistance in relation to an act of violence, the government assessor may—

(a) ask the insurance commissioner under the Motor Accident Insurance Act 1994 for information about—

(i) whether the applicant has, in relation to the act of violence, made a claim under that Act and, if so, the status of the claim; or

(ii) if the applicant’s claim is successful under that Act—the amount paid or payable to the applicant in relation to the claim; or

(b) ask the police commissioner for information about—

(i) whether the applicant has, in relation to the act of violence, applied for compensation under the Police Service Administration Act 1990 , section 10 .8 and, if so, the status of the application; or

(ii) if the applicant’s application for compensation is granted under that Act—the amount of compensation paid or payable to the applicant; or

(c) ask the Workers’ Compensation chief executive officer for information about—

(i) whether the applicant has, in relation to the act of violence, applied for compensation under the Workers’ Compensation Act and, if so, the status of the application; or

(ii) if the applicant’s application for compensation is granted under the Workers’ Compensation Act—the amount of compensation paid or payable to the applicant and the expenses, loss of earnings or other amount for which the compensation was paid or is payable.

(2) Also, the government assessor may ask the chief executive (corrective services) for information about—

(a) whether an applicant for victim assistance has, in relation to the act of violence in relation to which assistance is sought, started a proceeding under chapter 6 , part 12B of that Act and, if so, the status of the proceeding; or

(b) if an applicant for victim assistance is successful in a proceeding under chapter 6 , part 12B of that Act—the amount paid or payable to the applicant in relation to the proceeding.

(3) Also, if a dispute relating to a relevant offence for an act of violence in relation to which assistance is sought has been referred for mediation under the Dispute Resolution Centres Act 1990 , the government assessor may ask a director under that Act for information about—

(a) whether an agreement has been reached for the dispute following mediation under that Act; or

(b) if an agreement has been reached for the dispute following mediation under that Act—whether the agreement provided for the payment of an amount from the person who allegedly committed the offence to a stated victim of the act of violence and, if so, the amount paid or to be or payable to the victim under the agreement.

(4) Also, if the government assessor has the necessary consent for obtaining information under this section about an applicant for victim assistance in relation to an act of violence, the government assessor may ask the chief executive officer (NIISQ) for information about the matters mentioned in subsection (5) or (6) .

(5) If the act of violence resulted in a motor vehicle accident within the meaning of the Motor Accident Insurance Act 1994 , the matters are—

(a) whether the applicant has made an NIISQ application in relation to the injury suffered by the applicant as a direct result of the act of violence and, if so, the status of the application; and

(b) if the applicant has been accepted under the NIISQ Act as a participant in the scheme in relation to the injury mentioned in paragraph (a) —

(i) a support plan made under that Act for the applicant; and

(ii) any service requests made or decided under that Act for the applicant; and

(iii) any funding agreement entered into by the agency under that Act for the applicant’s treatment, care or support; and

(iv) any payment requests made or decided under that Act for the applicant’s treatment, care or support.

(6) If the applicant has made a workers’ compensation application, the matters are—

(a) whether the agency under the NIISQ Act has been engaged by an insurer under the Workers’ Compensation Act , section 232ZI , to perform the insurer’s functions, or exercise the insurer’s powers, under chapter 4A of the Workers’ Compensation Act in relation to the applicant; and

(b) if the agency under the NIISQ Act has been engaged as mentioned in paragraph (a) —

(i) the applicant’s entitlement to treatment, care or support payments under the Workers’ Compensation Act ; and

(ii) any support plan made under that Act for the applicant; and

(iii) any service requests made or decided under that Act for the applicant; and

(iv) any funding agreement entered into by the agency under that Act for the applicant’s treatment, care or support; and

(v) any payment requests made or decided under that Act for the applicant’s treatment, care or support.

(7) An entity to whom a request is made under subsection (1) , (2) , (3) or (4) must comply with the request.

(8) For a request under subsection (2) , (3) or (4) , subsection (7) applies only if the entity is reasonably satisfied the government assessor reasonably requires the requested information to decide the application.

(9) The disclosure of information by an entity under subsection (4) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(10) In this section—

"chief executive officer (NIISQ)" means the chief executive officer of the National Injury Insurance Agency, Queensland under the NIISQ Act .

"necessary consent" , in relation to an applicant for victim assistance, means consent of the relevant person for the applicant as mentioned in section 52 (c) .

"Workers’ Compensation chief executive officer" means the chief executive officer of the Authority, or WorkCover, within the meaning of the Workers’ Compensation Act .