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s 32

Time for making application

In force
Part 3Financial assistance
Division 3.4Applications for financial assistance

32 Time for making application

(1)

An application under section 31 must be made within 3 years of the last occurring of the following:

(a)

the day of the act of violence that is the subject of the application;

(b)

if there are 2 or more relevant acts of violence—the day of the most recent act of violence;

(c)

for an application by an individual who was under 18 years old on the day mentioned in paragraph (a) or (b)—the day the individual turns 18.

(2)

The commissioner may extend the time for making an application if the commissioner believes on reasonable grounds that an extension is in the interests of fairness having regard to the following:

(a)

the age of the person when the act of violence that is the subject of the application occurred;

(b)

whether the applicant has, or had, impaired physical, psychological or intellectual capacity;

(c)

whether the person responsible for the act of violence that is the subject of the application was in a position of power, trust or authority in relation to the primary victim;

(d)

the physical and psychological effect of the act of violence that is the subject of the application on the applicant;

(e)

whether the extension of time will prevent a fair consideration of the application;

(f)

any other matter that the commissioner believes on reasonable grounds is relevant.

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Section 32 — Time for making application — Victims of Crime (Financial Assistance) Act 2016 (Australian Capital Territory) — Barrister AI