Victorian Current Acts

SENTENCING ACT 1991 - SECT 85C

    (1)     An application for a compensation order—

        (a)     must be made within 12 months after the offender is found guilty, or convicted, of the offence; and

        (b)     may be made—

              (i)     by the victim; or

              (ii)     on the victim's behalf by any person other than the offender if the victim is a child or is incapable of making the application by reason of injury, disease, senility, illness or physical or mental impairment; or

              (iii)     on the victim's behalf—

    (A)     if the sentencing court was a court other than the Magistrates' Court, by the Director of Public Prosecutions; or

    (B)     if the sentencing court was the Magistrates' Court, by the Director of Public Prosecutions, the informant or police prosecutor.

    (2)     Nothing in subsection (1)(b)(iii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a victim.

S. 85D
inserted by No. 54/2000 s. 21.