Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 86

86 Reduction if relevant payment received

(1) This section applies if the government assessor is reasonably satisfied an applicant for assistance in relation to an act of violence has received, or will receive, a relevant payment for the act.

(2) The government assessor must reduce the amount of assistance that would otherwise be payable to the applicant by an amount equivalent to the relevant payment.

(2A) However, subsection (2) does not apply to the extent the government assessor is satisfied the purpose for which the relevant payment was or will be made does not include compensating the applicant for expenses in relation to which the applicant is eligible for assistance.

Example—

An applicant is eligible for assistance for counselling expenses mentioned in section 39 (a) , 42 (a) , 45 (a) , 46 (a) or 49 (a) . A relevant payment is received by the applicant under the NIISQ Act for the applicant’s treatment, care and support within the meaning of that Act. The purpose of the relevant payment does not include compensating the applicant for counselling expenses.

(3) If the assistance payable to an applicant is reduced under subsection (2) and an amount of assistance remains payable to the applicant after the reduction, the government assessor must—

(a) decide the component of assistance for which the amount is payable, having regard to—

(i) the applicant’s needs; and

(ii) whether the applicant has incurred any expenses; and

(iii) anything else the government assessor considers relevant; and

(b) give the applicant a notice stating—

(i) the decision; and

(ii) the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision).

(iii) the internal review details for the decision.