Victims of Crime (Financial Assistance) Act 2016

This section applies if the commissioner believes on reasonable grounds that any of the following (a disqualifying circumstance) apply in relation to an applicant for financial assistance:

the applicant is not eligible for the assistance;

the applicant conspired with the person responsible for the act of violence that is the subject of the application for assistance;

the applicant was involved in a serious crime when the act of violence that is the subject of the application occurred and the serious crime was the main reason that the act of violence occurred;

the applicant is claiming financial assistance as a related victim for the act of violence that is the subject of the application that was related to a serious crime carried out by the primary victim;

the applicant has unreasonably failed to give assistance to the police in relation to the act of violence that is the subject of the application.

The commissioner must give the applicant written notice—

stating that the application for financial assistance appears to involve a disqualifying circumstance described in the notice, and without further information suggesting otherwise financial assistance will not be given; and

asking the applicant to tell the commissioner, in writing, within 14 days after the notice is received, if there is a reason why the disqualifying circumstance does not apply.

After considering any reasons given by the applicant in response to notice under subsection (2), the commissioner must—

decide whether or not a disqualifying circumstance applies in relation to the applicant; and

tell the applicant, by written notice, the commissioner’s decision if—

the commissioner decided that no disqualifying circumstances apply in relation to the applicant; or

the applicant gave reasons and the commissioner decided that a disqualifying circumstance applies in relation to the applicant.

If the commissioner decides that a disqualifying circumstance applies in relation to an applicant the commissioner must not give financial assistance to the applicant.

In this section:

serious crime means any of the following:

an offence against the person;

a sexual offence;

an offence relating to property;

an offence against the Criminal Code, chapter 6 (Serious drug offences) other than section 618 (Cultivating controlled plant);

an offence involving dishonesty;

an offence against a law of the Commonwealth or a State corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraphs (a) to (e).

Note A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).