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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 85
Deciding amount of assistance generally
85 Deciding amount of assistance generally
(1) This section applies for deciding the amount of assistance (if any) to be
granted to an applicant.
(2) In deciding the amount, the government assessor
may have regard to, and may reduce the amount that would otherwise be payable
to the applicant on the basis of, the following— (a) the extent to which the
applicant’s conduct directly or indirectly contributed to the injury
suffered by the applicant as a direct result of the act of violence in
relation to which assistance is sought;
(b) any other matter prescribed under
a regulation for this section.
(3) A question of fact for deciding the matter
mentioned in subsection (2) (a) , or for deciding the category of the
act of violence in relation to which special assistance is sought, must be
decided on the balance of probabilities.
(4) The government assessor may be
satisfied on the balance of probabilities that an act of violence of a
particular category has caused a person’s injury even though— (a) no
person has been charged with, or convicted of, an act of violence of that
category in relation to the injury; or
(b) a person has been charged with, or
convicted of, an act of violence of a different category in relation to the
injury.
(5) If a regulation prescribes a matter for subsection (2) (b) , the
government assessor may reduce the amount of assistance that would otherwise
be payable to a person on the basis of the matter only if the person’s
application for assistance is made after the matter is prescribed.
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