Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 82

82 No grant if reasonable assistance not given

(1) The government assessor can not grant assistance to a person if the government assessor is satisfied, on the balance of probabilities—

(a) the person has not given reasonable assistance in—

(i) the police investigation (if any) of the act of violence in relation to which assistance is sought; or

(ii) if the act of violence in relation to which assistance is sought is a crime or series of related crimes—the arrest or prosecution of the person who committed, or allegedly committed, the act; and

(b) if paragraph (a) (ii) applies—the failure has prevented the arrest or prosecution of the person who committed, or allegedly committed, the act of violence.

(2) Subsection (1) does not apply if the government assessor is reasonably satisfied the person had a reasonable excuse for not providing the assistance.

(3) For subsection (2) , in considering whether the person had a reasonable excuse for not providing the assistance, the government assessor must have regard to the following—

(a) the person’s age when the act was committed;

(b) whether the person has an impaired capacity, whether or not it existed when the act was committed;

(c) if the person is the primary victim of the act of violence—whether the act of violence involves a sexual offence;

(d) whether the person who allegedly committed the act of violence is 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—

the person’s parent, spouse or carer

(e) whether the act of violence involves domestic violence;

(f) whether the person was threatened or intimidated by the person who committed, or allegedly committed, the act or violence or by someone else;

(g) the nature of the person’s injury or alleged injury;

(h) whether any other special circumstances prevented the person from providing the assistance;

(i) any other matter the assessor considers relevant.