Victims of Crime (Financial Assistance) Act 2016

If the commissioner receives an application under section 49, the commissioner must decide whether to—

refuse to increase the amount of financial assistance to the applicant; or

agree to increase the amount of financial assistance to the applicant, and work out the amount of the increase.

However, if the commissioner decides to increase the amount of financial assistance, the total amount of all financial assistance to the applicant for the act of violence that is the subject of the application must not, including the increased amount, be more than the maximum financial assistance amounts that applied when financial assistance was first given to the applicant for the act of violence.

Examples—maximum financial assistance amounts

1 the maximum total financial assistance payable for an application for financial assistance under s 24 (Maximum total financial assistance)

2 for an immediate need payment—the maximum amount payable for—

a particular need; and

all immediate needs

3 for an economic loss payment—the maximum amount payable for—

a particular loss; and

all losses

The following divisions apply to the commissioner when deciding an application under section 49 (a variation application) as if a reference to an application for financial assistance in the divisions was a reference to a variation application:

division 3.5 (Commissioner may ask for information when deciding applications for financial assistance);

division 3.6 (Deciding applications for financial assistance).

The commissioner must—

tell the person, by written notice, the commissioner’s decision under subsection (1); and

if the decision is to increase the amount of financial assistance—arrange for payment of the increased amount.

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