Queensland: Victims of Crime Assistance Act 2009 (Qld)

Victims of Crime Assistance Act 2009 An Act to provide a scheme to give financial assistance to certain victims Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Victims of Crime Assistance Act 2009. 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) sections 127, 128, 131 and 138; (b) schedule 3, definitions appropriately qualified, government assessor, scheme manager, the scheme and victims assistance unit. 3 Purpose of Act (1) The purpose of this Act is to provide a scheme to give financial assistance to certain victims of acts of violence. (2) The objectives of the scheme are— (a) to help victims of acts of violence to recover from the acts by giving them financial assistance; and (b) for primary victims, to give the victims amounts representing a symbolic expression by the State of the community's recognition of the injuries suffered by them; and (c) for related victims who have suffered distress, to give the victims amounts representing a symbolic expression by the State of the community's recognition of the distress suffered by them; and (d) to add to other services provided by or for government to victims of acts of violence. (3) However, grants of financial assistance (including special assistance and assistance as mentioned in section 49(f)) to victims of acts of violence under the scheme are not intended to reflect the level of compensation to which victims of acts of violence may be entitled at common law or otherwise. Part 2 Interpretation 4 Definitions The dictionary in schedule 3 defines particular words used in this Act. 5 Meaning of victim (1) A victim is a person who has suffered harm— (a) because a crime is committed against the person; or (b) because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or (c) as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person. (2) Subsection (3) applies if a victim mentioned in subsection (1)(a) is pregnant when the crime is committed and, as a result of the commission of the crime— (a) the person sustains a bodily injury that results in the destruction of the life of the person's unborn child; or (b) the person dies, resulting in the destruction of the life of the person's unborn child. (3) A victim includes a person who has suffered harm because the person would, if the unborn child had been born alive, have been a family member of the child. (4) A person who commits a crime against a person as mentioned in subsection (1)(a) is not a victim of the crime under subsection (1)(b) or (c) or (3). (5) A victim includes a person, other than a person mentioned in subsection (1) or (3), who has suffered harm— (a) because domestic violence is committed against the person; or (b) because the person is a family member or dependant of a person mentioned in paragraph (a); or (c) as a direct result of intervening to help a person mentioned in paragraph (a). Chapter 2 [Repealed] 6 [Repealed] 6A [Repealed] 6B [Repealed] 6C [Repealed] 7 [Repealed] 8 [Repealed] 9 [Repealed] 10 [Repealed] 11 [Repealed] 12 [Repealed] 13 [Repealed] 14 [Repealed] 15 [Repealed] 15A [Repealed] 15B [Repealed] 16 [Repealed] 17 [Repealed] 18 [Repealed] 19 [Repealed] 20 [Repealed] 20A [Repealed] Chapter 3 Victims financial assistance scheme Part 1 General 21 Scheme for financial assistance (1) This chapter establishes a scheme for the payment of financial assistance— (a) to a victim of an act of violence; or (b) to a person who incurs, or is reasonably likely to incur, funeral expenses for— (a) a primary victim of an act of violence; or (b) an unborn child of a primary victim of an act of violence. (2) This chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if— (a) the person committed or conspired to commit the act; or (b) for a person claiming assistance as a primary victim of the act—the person's involvement in a criminal activity is the only reason, or the main reason, the act was committed against the person; or (c) for a person claiming assistance for the death of a primary victim of the act—the primary victim's involvement in a criminal activity is the only reason, or the main reason, the act was committed against the primary victim, and the person was or should have been aware of the involvement. (3) Also, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if, in the absence of a reasonable excuse— (a) the act has not been reported to a person as mentioned in section 81(1)(a); or (b) for an act that is a crime or a series of related crimes—the person has not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act. (4) Further, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence to the extent the person has received, or will receive, payment of an amount in relation to the act of violence from another source. 22 Other rights etc. not affected The granting of financial assistance under the scheme to a person does not limit a right, entitlement or remedy the person has under common law or otherwise. 23 Assistance for victim available only in 1 capacity (1) This section applies if a person is a victim of an act of violence in 2 or more of the following capacities— (a) primary victim; (b) parent secondary victim; (c) witness secondary victim; (d) related victim. (2) The person is eligible for victim assistance in relation to the act of violence in only 1 of the capacities. (3) This section does not prevent— (a) a primary victim of an act of violence also being granted assistance for funeral expenses for the unborn child of the primary victim; or (b) a witness secondary victim or related victim of an act of violence also being granted assistance for funeral expenses for— (i) a primary victim of the act of violence; or (ii) an unborn child of a primary victim of the act of violence. 24 Effect of death on eligibility for assistance (1) Despite any other Act or law, if a person entitled to assistance dies, the person's entitlement to assistance does not survive for the benefit of the person's estate. (2) If a person applies for assistance but dies before the application is decided, the application lapses. (3) If a person is granted assistance but dies before the assistance is paid to the person, the assistance is taken to never have been granted and the person's application lapses. Part 2 Basic concepts 25 Meaning of act of violence (1) An act of violence is a crime or a series of related crimes, whether committed by 1 or more persons, that— (a) are committed in Queensland; and (b) directly result in the death of, or injury to, 1 or more persons, irrespective of where the death or injury happened. Note— In general terms, it is intended by this section that assistance may be granted to a person in relation to an act of violence even though the person who committed the act has not been, or can not be, found guilty of the relevant prescribed offence because of a justification, excuse or defence. On the other hand, it is not intended by this section that assistance be payable for an act done or omission made by a person, for example, a police officer, if the act or omission is lawfully done or made in the course of the person performing duties under an Act. See, however, sections 26(6), 50(2), 79 and 80. (2) Also, an act of violence is domestic violence, or a series of related acts of domestic violence, that— (a) is committed in Queensland; and (b) directly results in the death of, or injury to, 1 or more persons, irrespective of where the death or injury happened; and (c) is not an act of violence under subsection (1). (3) In this chapter, a reference to an act of violence in relation to an application for assistance includes a reference to an alleged act of violence. 25A Meaning of crime (1) A crime is an act or omission constituting a prescribed offence— (a) disregarding any justification, excuse or defence that a person may have for doing the act or making the omission; and (b) whether or not the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission. (2) However, a reference to a justification, excuse or defence in subsection (1)(a) does not include— (a) a matter mentioned in the Criminal Code, section 31(1)(a) or (b); or (b) an authorisation to do an act or make an omission that is provided for under an Act. (3) In this section— prescribed offence means— (a) an offence committed against the person of someone; or (b) an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph (a). 25B Meaning of series of related crimes and series of related acts of domestic violence (1) A series of related crimes is 2 or more crimes that are related because the crimes— (a) are committed against the same person and— (i) are committed at about the same time; or (ii) are committed over a period by the same person or group of persons; or (iii) share another common factor; or (b) all contribute to the death of or injury to a person; or (c) having regard to the circumstances of the crimes, are related in some other way. (2) However, a crime (later crime) is not related to a previous crime (earlier crime) if the later crime is committed after assistance is granted in relation to the earlier crime. (3) A series of related acts of domestic violence is 2 or more acts or omissions constituting domestic violence that are related because the acts or omissions— (a) are committed in relation to the same person and— (i) are committed at about the same time; or (ii) are committed over a period by the same person; or (iii) share another common factor; or (b) all contribute to the death of or injury to a person; or (c) having regard to the circumstances, are related in some other way. (4) However, an act or omission constituting domestic violence (later domestic violence) is not related to a previous act or omission constituting domestic violence (earlier domestic violence) if the later domestic violence is committed after assistance is granted in relation to the earlier domestic violence. (5) To remove any doubt, it is declared that, for this chapter— (a) a series of related crimes, or a series of related acts of domestic violence, is taken to be a single act of violence; and (b) assistance may be granted only for the single act of violence. 26 Who is a primary, secondary, parent secondary, witness secondary or related victim (1) A primary victim, of an act of violence, is a person who dies or is injured as a direct result of the act being committed against the person. (2) A secondary victim, of an act of violence, is a person who is a parent secondary victim or witness secondary victim of the act. (3) A parent secondary victim, of an act of violence, is a person who— (a) is a parent of a child who is injured as a direct result of the act being committed against the child; and (b) is injured as a direct result of becoming aware of the act. (4) A witness secondary victim, of an act of violence, is a person who is injured as a direct result of witnessing the act. (5) A related victim, of an act of violence, is a person who is a close family member, or a dependant, of a primary victim of the act who has died as a direct result of the act. (6) However, a person is not a victim of an act of violence, of a kind mentioned in subsections (1) to (5), if the person committed the act. (7) In this section— close family member, of a primary victim of an act of violence who has died as a direct result of the act, means a family member of the primary victim who had a genuine personal relationship with the primary victim when the primary victim died. 27 Meaning of injury (1) In this chapter, injury means— (a) bodily injury; or (b) mental illness or disorder; or (c) intellectual impairment; or (d) pregnancy; or (e) disease; or (f) for a sexual offence or domestic violence, the totality of the following adverse impacts of the sexual offence or domestic violence suffered by a person— (i) sense of violation; (ii) reduced self worth or perception; (iii) lost or reduced physical immunity; (iv) lost or reduced physical capacity (including the capacity to have children), whether temporary or permanent; (v) increased fear or increased feelings of insecurity; (vi) adverse effect of others reacting adversely to the person; (vii) adverse impact on lawful sexual relations; (viii) adverse impact on feelings; or (g) a combination of matters mentioned in paragraphs (a) to (f). (2) For this chapter, injury also includes an aggravation of an injury mentioned in subsection (1)(a) to (g), if the aggravation arises as a direct result of an act of violence. (3) To remove any doubt, it is declared that, for this chapter, an aggravation mentioned in subsection (2) is an injury only to the extent of the effects of the aggravation. 28 When exceptional circumstances exist For this chapter, exceptional circumstances exist for a victim of an act of violence if, because of the victim's circumstances or the nature of the act, the act has had an unusual, special or out of the ordinary effect on the victim. Examples of when exceptional circumstances may exist— 1 An elderly person who lives alone suffers injury as a direct result of an act of violence committed against the person in the person's home. Because of the act, the person becomes seriously concerned about the person's security. 2 A person who lives in a remote area suffers injury as a direct result of an act of violence committed against the person by a person who lives in the same area. Because of the remoteness of the area, the person becomes seriously concerned about another act of violence being committed against the person by the same person. 29 When person incurs expenses For this chapter, a person incurs expenses if— (a) the person pays the expenses; or (b) someone else pays the expenses on the person's behalf; or (c) the person receives an invoice for the payment of the expenses. Note— Part 13, division 2 provides for the payment of assistance to a person who is granted assistance, including providing for payments to someone else who has paid expenses on the person's behalf or who has given the person an invoice for the payment of expenses. 30 References to government assessor In this chapter, a reference to the government assessor in relation to an application for assistance is a reference to the government assessor who, for the time being, is dealing with the application. Note— See sections 62, 127(6) and (7) and 130(5). Part 3 Relationship with workers' compensation 31 Application of pt 3 This part applies if, for an act of violence, a person is— (a) a primary victim, witness secondary victim or related victim; and (b) a person who is entitled to compensation under the Workers' Compensation Act. 32 Relationship generally (1) This section states the assistance for which the person is eligible if the person is paid compensation under the Workers' Compensation Act. (2) If the person is a primary victim, the person is eligible for the following assistance— (a) assistance under section 38(1) for— (i) the components mentioned in section 39(f) and (g); and (ii) special assistance as mentioned in subsection (6); (b) additional assistance under section 38(2). (3) If the person is a witness secondary victim of a more serious act of violence, the person is eligible for the following assistance— (a) assistance under section 44(1)(a) for the component mentioned in section 45(f); (b) additional assistance under section 44(2); (c) funeral expense assistance. (4) If the person is a witness secondary victim of a less serious act of violence, the person is eligible for funeral expense assistance. (5) If the person is a related victim of an act of violence, the person is eligible for the following assistance— (a) assistance under section 48(1) for— (i) the components mentioned in section 49(a), (b), (c), (d) and (g); and (ii) non-expense assistance as mentioned in subsection (7); (b) additional assistance under section 48(2). (6) For subsection (2)(a)(ii), the person is eligible for the following special assistance— (a) if the person has not been paid any lump sum compensation under the Workers' Compensation Act—special assistance of the amount that would ordinarily be payable to the person; (b) if the person has been paid lump sum compensation under the Workers' Compensation Act of an amount that is less than the amount of special assistance that would ordinarily be payable to the person—special assistance of the difference between the special assistance that would ordinarily be payable and the lump sum compensation paid. (7) For subsection (5)(a)(ii), the person is eligible for non-expense assistance— (a) only if the amount of the compensation paid under the Workers' Compensation Act is less than the amount of the non-expense assistance that would ordinarily be payable to the person; and (b) only for the difference between the non-expense assistance that would ordinarily be payable to the person and the compensation paid under the Workers' Compensation Act. (8) In this section— non-expense assistance means the total amount of assistance for the components mentioned in section 49(e) and (f). 33 When a person's workers' compensation application is finally dealt with For this part, a person's workers' compensation application is finally dealt with when the person's total entitlement to compensation under the Workers' Compensation Act, including the person's entitlement to treatment, care and support payments under chapter 4A of that Act, has been decided under that Act, including, for example, because— (a) the person's workers' compensation application has been rejected under that Act; or (b) the person accepts or rejects an offer of lump sum compensation under that Act; or (c) the person's entitlement to compensation under that Act stops under that Act. Note— See, for example, the Workers' Compensation Act, chapter 3 (Compensation), part 8A (When entitlement to compensation stops). 34 Generally workers' compensation application finally dealt with before victim assistance application (1) The person may apply for victim assistance in relation to the act of violence committed against the person only if— (a) the person has made a workers' compensation application; and (b) the workers' compensation application has been finally dealt with. (2) The person may apply for victim assistance— (a) within 3 years after the person's workers' compensation application is finally dealt with; or (b) if the person is a child when the person's workers' compensation application is finally dealt with—before the person turns 21. (3) Subsection (2) applies despite section 54(1). (4) However, the scheme manager may, on application by the person, give the person approval to make an application for assistance without first making a workers' compensation application if— (a) the reason the person has not made the workers' compensation application is because the prescribed period has passed; and (b) the person has, under the Workers' Compensation Act, section 131(4) or (5), applied to an insurer to waive the need to make the workers' compensation application within the prescribed period, and has been unsuccessful; and (c) the scheme manager is reasonably satisfied the person has a reasonable excuse for not making the workers' compensation application within the prescribed period, having regard to any of the following— (i) the person's age when the act of violence was committed; (ii) whether the person has an impaired capacity; (iii) whether the person who allegedly committed the act of violence was 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— a person's parent, spouse or carer (iv) the physical or psychological effect of the act of violence on the person; (v) any other matter the scheme manager considers relevant. (5) The scheme manager must give a person who applies for an approval under subsection (4) notice of the scheme manager's decision on the application. (6) If the scheme manager decides not to give the approval, the notice must state the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. (7) In this section— prescribed period means the period within which a workers' compensation application may be made under the Workers' Compensation Act, section 131(1). 35 [Repealed] 36 [Repealed] Part 3A Relationship with Motor Accident Insurance Act 1994 36A Application of part This part applies if— (a) for an act of violence, a person is a primary victim, secondary victim or related victim; and (b) the act resulted in a motor vehicle accident within the meaning of the Motor Accident Insurance Act 1994; and (c) the person has made, or is or was entitled to make, a motor accident claim in relation to the motor vehicle accident. 36B Making of victim assistance application not affected by motor accident claim The person may apply for victim assistance in relation to the act of violence whether or not— (a) a motor accident claim has been made in relation to the motor vehicle accident; or (b) if a motor accident claim has been made in relation to the motor vehicle accident—the claim has been finally dealt with. Note— However, under section 86 the amount of victim assistance that would otherwise be payable to an applicant is reduced by the amount of a relevant payment the applicant has received or will receive. An amount payable under the Motor Accident Insurance Act 1994 is a relevant payment—see schedule 3, definition relevant payment. 36C When motor accident claim is finally dealt with For this part, a motor accident claim is finally dealt with when 1 of the following things happens under the Motor Accident Insurance Act 1994— (a) an insurer denies liability for the claim; (b) an offer, or counter offer, of settlement of the claim is accepted; (c) a proceeding in a court based on the claim ends, including any appeal. 36D Requirement to defer decision—motor accident claim not made (1) This section applies if— (a) the person (the applicant) applies for victim assistance in relation to the act of violence; and (b) the applicant has not made a motor accident claim in relation to the motor vehicle accident. (2) The government assessor must defer deciding the application until— (a) the applicant has made a motor accident claim in relation to the motor vehicle accident; and (b) the claim has been finally dealt with. Note— However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section. (3) However, subsection (2) does not apply if the scheme manager is satisfied— (a) that— (i) a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994, section 37(3); or (ii) the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994, section 37(3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37(2) of that Act; and (b) the applicant has a reasonable excuse for not making the motor accident claim within the period mentioned in section 37(2) of that Act. (4) For deciding whether the applicant has a reasonable excuse under subsection (3)(b), the scheme manager must have regard to each of the following— (a) the applicant's age at the time the act of violence occurred; (b) whether the applicant has impaired capacity; (c) whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the applicant; Examples of persons who may be in a position of power, influence or trust in relation to the applicant— the applicant's parent, spouse or carer (d) the physical or psychological effect of the act of violence on the applicant; (e) any other matter the scheme manager considers relevant. (5) If the scheme manager decides the applicant does not have a reasonable excuse, the scheme manager must give the applicant a notice stating the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. 36E Requirement to defer decision—motor accident claim made but not finally dealt with (1) This section applies if— (a) the person applies for victim assistance in relation to the act of violence; and (b) a motor accident claim made by the person in relation to the motor vehicle accident has not been finally dealt with. (2) The government assessor must defer deciding the application until the motor accident claim is finally dealt with. Note— However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section. 36F Decision about assistance for counselling expenses (1) This section applies if— (a) the person applies for victim assistance in relation to the act of violence; and (b) the government assessor defers deciding the application under section 36D or 36E. (2) Despite the deferral of the decision, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a), 42(a), 45(a), 46(a) or 49(a). Note— The effect of this subsection is that the person may be granted assistance for counselling expenses before the motor accident claim has been finally dealt with. (3) The government assessor must give the person a notice for the decision mentioned in subsection (2) stating— (a) if the decision is to grant the application to the extent mentioned in the subsection— (i) the amount payable to the person; 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; or (b) if the decision is to refuse to grant the application to the extent mentioned in the subsection— (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. (4) If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14. Note— See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance. (5) This section does not limit part 14. Part 3B Relationship with national injury insurance scheme—motor vehicle accidents 36G Application of part This part applies to the primary victim of an act of violence if the primary victim or another person has made, or is entitled to make, an application (an NIISQ application) under the NIISQ Act for approval to participate in the scheme in relation to the injury suffered by the primary victim as a direct result of the act of violence. Note— See the NIISQ Act, sections 16 to 18. 36H Making of victim assistance application not affected by application for approval to participate in scheme The primary victim may apply for victim assistance in relation to the act of violence whether or not— (a) an NIISQ application has been made in relation to the injury suffered by the primary victim as a direct result of the act of violence; or (b) if an NIISQ application has been made—the application has been decided by the agency under the NIISQ Act. Note— However, under section 86 the amount of victim assistance that would otherwise be payable to an applicant is reduced by the amount of a relevant payment the applicant has received or will receive. An amount payable under the NIISQ Act is a relevant payment—see schedule 3, definition relevant payment. 36I Deferring decision if NIISQ application not made or not decided (1) This section applies if— (a) the primary victim applies for victim assistance in relation to the act of violence; and (b) either— (i) an NIISQ application has not been made; or (ii) an NIISQ application has been made but has not been decided by the agency under the NIISQ Act. (2) The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until the NIISQ application is decided. Note— However, under section 36J the government assessor must decide the application to the extent it relates to assistance for particular expenses despite the deferral under this section. (3) If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable. (4) If the government assessor defers deciding the application or the amount of assistance to be granted under subsection (2), the government assessor must give the primary victim a notice stating the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. 36J Decision about assistance for particular expenses (1) This section applies if— (a) the primary victim applies for victim assistance in relation to the act of violence; and (b) the government assessor defers deciding the application, or the amount of the assistance to be granted, under section 36I; and (c) section 36F does not apply. (2) Despite the deferral, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a) and (c) to (h). (3) The government assessor must give the primary victim a notice for the decision mentioned in subsection (2) stating— (a) if the decision is to grant the application to the extent mentioned in the subsection— (i) the amount payable to the primary victim; 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; or (b) if the decision is to refuse to grant the application to the extent mentioned in the subsection— (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. (4) If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14. Note— See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance. (5) This section does not limit part 14. Part 4 Primary victims 37 Eligibility for assistance A primary victim of an act of violence is eligible for assistance. Note— See, however, section 24. 38 Amount of assistance (1) A primary victim of an act of violence may be granted assistance of up to $120,000. (2) Also, in addition to the assistance mentioned in subsection (1), the primary victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 39 Composition of assistance The assistance granted under section 38(1) to a primary victim of an act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence; (d) reasonable report expenses incurred by the victim for the victim's application for assistance (including expenses incurred for an examination under section 73); (e) loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of the act of violence, during a period of up to 2 years after the act of violence; (f) expenses incurred by the victim for loss of or damage to clothing the victim was wearing when the act of violence happened; (g) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence; Examples of other reasonable expenses— • relocation expenses • costs of securing the victim's place of residence or business (h) special assistance in relation to the act of violence. Part 5 Parent secondary victims 40 Eligibility for assistance A parent secondary victim of an act of violence is eligible for assistance. Note— See, however, section 24. 41 Amount of assistance (1) A parent secondary victim of an act of violence may be granted assistance of up to $75,000. (2) In addition to the assistance mentioned in subsection (1), each parent secondary victim of an act of violence may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 42 Composition of assistance The assistance granted under section 41(1) to a parent secondary victim of an act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence; (d) reasonable report expenses incurred by the victim for the victim's application for assistance (including expenses incurred for an examination under section 73); (e) if exceptional circumstances exist for the victim, loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of becoming aware of the act of violence, during a period of up to 2 years after becoming aware of the act; (f) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence. Examples of other reasonable expenses— • relocation expenses • costs of securing the victim's place of residence or business Part 6 Witness secondary victims 43 Eligibility for assistance A witness secondary victim of an act of violence is eligible for assistance. Note— See, however, section 24. 44 Amount of assistance (1) A witness secondary victim of an act of violence may be granted assistance of— (a) if the act is a more serious act of violence—up to $75,000, less any funeral expense assistance granted to the victim for the act; or (b) if the act is a less serious act of violence—up to $20,000, less any funeral expense assistance granted to the victim for the act. (2) In addition to the assistance mentioned in subsection (1)(a), each witness secondary victim of a more serious act of violence may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 45 Composition of assistance—witness to more serious act of violence The assistance granted under section 44(1)(a) to a witness secondary victim of a more serious act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (d) reasonable report expenses incurred by the victim for the victim's application for assistance (including expenses incurred for an examination under section 73); (e) if exceptional circumstances exist for the victim, loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of witnessing the act of violence, during a period of up to 2 years after the act; (f) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence. Examples of other reasonable expenses— • relocation expenses • costs of securing the victim's place of residence or business 46 Composition of assistance—witness to less serious act of violence The assistance granted under section 44(1)(b) to a witness secondary victim of a less serious act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (d) reasonable report expenses incurred by the victim for the victim's application for assistance (including expenses incurred for an examination under section 73). Part 7 Related victims 47 Eligibility for assistance A related victim of an act of violence is eligible for assistance. Note— See, however, section 24. 48 Amount of assistance (1) A related victim of an act of violence may be granted assistance of up to $75,000 less any funeral expense assistance granted to the victim in relation to the act. (2) In addition to the assistance mentioned in subsection (1), each related victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 49 Composition of assistance The assistance granted under section 48(1) to a related victim may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim's death; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim's death; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim's death; (d) reasonable report expenses incurred by the victim for the victim's application for assistance (including expenses incurred for an examination under section 73); (e) an amount of up to $20,000 that, but for the death of the primary victim of the act of violence, the related victim would have been reasonably likely to receive from the primary victim, during a period of up to 2 years after the primary victim's death; (f) an amount of up to $15,000 for distress suffered, or reasonably likely to be suffered, by the related victim as a direct result of the primary victim's death; (g) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the primary victim's death. Examples of other reasonable expenses— • relocation expenses • costs of securing the victim's place of residence or business Part 8 Funeral expense assistance 50 Eligibility and assistance (1) A person is eligible for assistance under this section (funeral expense assistance) if the person incurs, or is reasonably likely to incur, funeral expenses for the funeral of— (a) a primary victim of an act of violence who dies as a direct result of the act; or (b) if a primary victim of an act of violence is pregnant when the act is committed and, as a direct result of the act, the life of the primary victim's unborn child is destroyed—the unborn child. (2) However, if the person committed the act of violence mentioned in subsection (1), the person is not eligible for funeral expense assistance. (3) A person eligible for funeral expense assistance under subsection (1) may be granted up to $15,000 for funeral expenses incurred, or reasonably likely to be incurred, by the person for— (a) if subsection (1)(a) applies—each primary victim; or (b) if subsection (1)(b) applies—each unborn child of the primary victim. (4) However, if more than 1 person is eligible for funeral expense assistance for a primary victim or unborn child, only a combined total of up to $15,000 may be granted to the persons for the funeral expenses for each primary victim or unborn child. (5) To remove any doubt, it is declared that a person may, in relation to an act of violence, be eligible for— (a) funeral expense assistance for a primary victim even though the person is also a witness secondary victim or related victim of the act; and (b) funeral expense assistance for an unborn child even though the person is also a primary victim, witness secondary victim or related victim of the act. Part 9 Applying for victim assistance 51 Who may apply for victim assistance (1) A victim of an act of violence may apply to the scheme manager for victim assistance. (2) If the victim is a child, the application may be made by— (a) the child's parent on behalf of the child; or (b) if the child is at least 12 years old and is represented by a lawyer, the child; or (c) someone else approved by the scheme manager. (3) For subsection (2)(a)— (a) if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999—the reference to the child's parent in the subsection is taken to be a reference to that person; and (b) if a person has the right and responsibility to make decisions about a child's daily care under a decision or order of a federal court or a court of a State, other than a temporary order—the reference to the child's parent in the subsection is taken to be a reference to that person; and (c) subject to paragraphs (a) and (b), the reference to the child's parent in the subsection does not include an approved carer of the child. (4) If the victim is an adult with an impaired capacity, the application may be made by— (a) if the victim has a guardian—the guardian; or (b) if the victim does not have a guardian but has an administrator—the administrator; or (c) if the victim does not have a guardian or an administrator—an attorney appointed by the victim under an enduring power of attorney; or (d) if the victim does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney— (i) a member of the victim's support network; or (ii) someone else approved by the scheme manager. (5) If the victim is not a child or an adult with impaired capacity but requires assistance in making an application under this chapter, the application may be made by someone else approved by the scheme manager. Example— If a victim can not understand English, the scheme manager may approve a relative of the victim who can understand English to make the application on the victim's behalf. (6) For this Act, the victim is still the applicant even though under subsection (2), (4) or (5) an application is made by someone else for the victim. (7) In this section— lawyer means an Australian legal practitioner, or a government legal officer, within the meaning of the Legal Profession Act 2007. support network see the Guardianship and Administration Act 2000, schedule 4. 52 Form of application An application for victim assistance must— (a) be in the approved form; and (b) be accompanied by documents supporting the application; and (c) contain the consent of the relevant person for the government assessor to obtain information mentioned in section 74 or 77(1) or (4). 53 [Repealed] 54 Time limit (1) An application for victim assistance for an act of violence must be made within 3 years after— (a) the act of violence happens; or (b) for an application by a related victim—the death of the primary victim of the act; or (c) for a victim who is a child—the day the child turns 18. (2) The scheme manager may, on application by a person, extend the time for the person making an application for victim assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— (a) the person's age when the act of violence was committed; (b) whether the person has an impaired capacity; (c) whether the person who allegedly committed the act of violence was 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— a person's parent, spouse or carer (d) the physical or psychological effect of the act of violence on the person; (e) whether the delay in making the application undermines the possibility of a fair decision; (f) any other matter the scheme manager considers relevant. (3) The scheme manager must give a person who applies for an extension of time under subsection (2) notice of the scheme manager's decision on the application. (4) If the scheme manager decides not to extend the time for making an application for victim assistance, the notice must state the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. 55 Applying for victim assistance and funeral expense assistance together (1) This section applies if, on the same approved form, a victim of an act of violence is applying for— (a) victim assistance; and (b) funeral expense assistance. (2) The government assessor may consider the applications together. Part 10 Applying for funeral expense assistance 56 Who may apply for funeral expense assistance A person who may be eligible for assistance under section 50 may apply to the scheme manager for funeral expense assistance. 57 Form of application An application for funeral expense assistance must be in the approved form. 58 Time limit (1) An application for funeral expense assistance must be made within— (a) for a primary victim—3 years after the death of the victim; or (b) for an unborn child of a primary victim—3 years after the life of the unborn child is destroyed. (2) The scheme manager may, on application by a person, extend the time for the person to make an application for funeral expense assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— (a) the person's age when the death occurred; (b) whether the person has impaired capacity; (c) the physical or psychological effect of the act of violence on the person; (d) whether the delay in making the application undermines the possibility of a fair decision; (e) any other matter the scheme manager considers relevant. (3) The scheme manager must give the person notice of the scheme manager's decision on the application. (4) If the scheme manager decides not to grant the application, the notice must state the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. Part 11 Withdrawal, amendment or lapse of applications 59 Withdrawal of application An applicant for assistance may, by notice given to the scheme manager, withdraw the application at any time before the application is decided. 60 Amendment of application (1) An applicant for assistance may, by notice given to the scheme manager, amend the application at any time before the application is decided. (2) Without limiting subsection (1), an applicant may amend the application to change the capacity in which the applicant is applying for assistance. 61 Lapse of application if no contact (1) This section applies if an applicant for assistance has not made any contact with the government assessor dealing with the application for 6 months. (2) The government assessor may give the applicant a notice stating that if the applicant does not contact the government assessor within 6 months after the notice is given, the application will lapse under subsection (4). (3) The notice must be sent to the address stated in the application for assistance or, if the applicant has given the government assessor another address for service of notices, the other address. (4) If the applicant is given a notice under this section and the applicant does not contact the government assessor within 6 months after the notice is given, the applicant's application for assistance lapses. (5) The lapsing of an application under this section does not prevent the applicant making another application for assistance under this chapter. Note— See section 54 (for victim assistance) or 58 (for funeral expense assistance) for the time within which the application must be made. (6) For this section, contact with the government assessor dealing with the application includes— (a) contact with the scheme manager; and (b) contact with another government assessor acting for the government assessor dealing with the application. Part 12 Considering applications for assistance Division 1 Considering applications generally 62 Choosing government assessor (1) The scheme manager must, as soon as practicable after receiving an application for assistance, choose an appropriately qualified government assessor to deal with the application. Note— See section 130 for the requirement that a government assessor disclose interests that may conflict with the performance of functions in relation to the application. (2) From time to time, the scheme manager may assign another appropriately qualified government assessor to deal with the application, whether in addition to or in place of the government assessor previously assigned under subsection (1) or section 130. (3) In this section— appropriately qualified, for dealing with an application for assistance, means appropriately qualified having regard to— (a) the complexity of the issues involved; and (b) any other matter the scheme manager considers relevant. 63 General principles In deciding an application for assistance, the government assessor must— (a) observe the principles of natural justice; and (b) act as quickly as the requirements under this Act and a proper consideration of the application permit. 64 Further information, document or consent (1) Before deciding an application for assistance, the government assessor may— (a) ask the applicant for further information or a document the assessor reasonably requires to decide the application; or (b) ask the relevant person for consent for the assessor to obtain from someone else stated further information or a stated document about the applicant the assessor reasonably requires to decide the application. Note— See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act. (2) The government assessor may stop considering the application until the further information or document or the consent is given to the assessor. (3) If the applicant does not give the further information or document, or the relevant person does not given the consent, within 42 days after the government assessor asks for it, or a longer period agreed to by the scheme manager, the application lapses. (4) The lapsing of an application under this section does not prevent the applicant making another application for assistance under this chapter. Note— See section 54 (for victim assistance) or 58 (for funeral expense assistance) for the time within which the application must be made. 65 Obtaining information about act of violence from police commissioner (1) The government assessor may ask the police commissioner for the following for a stated act of violence in relation to which assistance is sought— (a) information about— (i) the circumstances of the act of violence, including details of the injury suffered by a victim of the act; or (ii) the progress of investigations being conducted about the act of violence; or (iii) the charge (if any) laid for the act of violence and details of the place and date of hearing of the proceeding for the charge; or (iv) if a charge is not laid or not continued with—the reasons for not laying or continuing with a charge; or (v) the outcome of a proceeding for the charge, including any sentence imposed and the outcome of any appeal; (b) a copy of any statement about the act of violence made by the primary victim of the act or the person who allegedly committed the act, including a recording of the questioning of the person under the Police Powers and Responsibilities Act 2000, section 436; (c) further details about any of the information mentioned in paragraph (a) or (b), including any changes to the information previously provided. (2) The police commissioner must comply with a request under subsection (1). (3) The police commissioner's obligation to comply with a request under subsection (1) applies only— (a) to information in the police commissioner's possession or to which the police commissioner has access; and (b) for a statement requested under subsection (1)(b) that is made by the person who allegedly committed the act of violence—if the police commissioner is reasonably satisfied the government assessor reasonably requires the statement to decide the application. (4) The police commissioner must not give information about an investigation relating to the act of violence if the police commissioner is reasonably satisfied giving the information— (a) may prejudice or otherwise hinder an investigation or prosecution to which the information may be relevant; or (b) may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999, section 186; or (c) may affect the safety of a police officer, complainant or other person; or (d) may lead to the disclosure of methods, practices or systems used generally by police in investigating alleged offences. (5) The police commissioner may give information requested under subsection (1) by allowing the government assessor to access an electronic database maintained by the police service. (6) If the police commissioner gives the government assessor access to an electronic database as mentioned in subsection (5), the access to, and the use of, the database is limited to the extent it is connected with the requested information. (7) The giving of information under subsection (2) 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. (8) In this section— information includes a document. Example of a document— a recording from a body-worn camera under the Police Powers and Responsibilities Act 2000, section 609A. 66 Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence (1) The government assessor may ask the following (each the relevant police official) for the information mentioned in subsection (2) for a stated act of violence in relation to which assistance is sought— (a) the police officer investigating the act of violence; (b) if the government assessor does not know the name of the police officer investigating the act of violence, or the police officer is not available—the police commissioner. (2) For subsection (1), the information is the information the relevant police official considers may be relevant to deciding the application for the assistance, including— (a) copies of statements made by any person about the act of violence, including statements made by witnesses to the act of violence; and (b) information the relevant police official considers may be relevant to deciding— (i) whether the applicant for the assistance committed the act of violence, or conspired with the person who allegedly committed the act of violence; or (ii) whether the only or main reason the act of violence was committed against the primary victim of the act was the primary victim's involvement in a criminal activity; or (iii) if the applicant for assistance is not the primary victim of the act of violence—whether the applicant was aware of the primary victim's involvement in a criminal activity mentioned in subparagraph (ii); or (iv) whether the applicant has not given reasonable assistance in the police investigation of the act of violence, or in the arrest or prosecution of the person who allegedly committed the act of violence, and whether the failure has prevented the arrest or prosecution of the person who allegedly committed the act of violence. (3) The relevant police official must comply with a request under subsection (1) if, and to the extent, the relevant police official is reasonably satisfied the government assessor reasonably requires the information to decide the application. (4) A copy of a statement mentioned in subsection (2)(a) may include particulars identifying the witness only if the relevant police official reasonably believes the identity of the witness is relevant to deciding the application. (5) The relevant police official's obligation to comply with a request under subsection (1) applies only to information in the relevant police official's possession or to which the relevant police official has access. (6) The relevant police official must not give information about an investigation relating to the act of violence if the relevant police official is reasonably satisfied giving the information— (a) may prejudice or oth