Applications for compensation under statutory compensation scheme
5 Applications for compensation under statutory compensation scheme
An application for statutory compensation that was lodged, but not finally determined, under the repealed Act before the introduction day is to be dealt with under this Act (subject to this clause) as if it were an application for victims support.
The applicant concerned is eligible for victims support under the Scheme comprising approved counselling services or a recognition payment, or both.
The applicant concerned is not eligible for victims support under the Scheme comprising financial assistance for immediate needs or financial assistance for economic loss. However, if the application would, if it had been made for victims support referred to in section 26 (1) (b) or (c) of this Act, have been duly lodged in accordance with this Act within the prescribed period, the applicant is eligible for a special grant of $5,000 payable from the Victims Support Fund.
In subclause (3)—
prescribed period means—
the period of 2 years after the act of violence in respect of which the application is made was committed (the relevant act of violence), or
if the victim concerned was a child when the relevant act of violence was committed—within 2 years after the child reaches 18 years of age.
Any application determined under subclause (1) is taken to have been determined as an application for victims support under this Act.
The amount determined to be payable to the applicant under this clause is to be reduced by the amount of any interim award of statutory compensation made to the applicant under section 33 of the repealed Act.
The applicant is not required to refund any part of an interim award of statutory compensation made to the applicant under section 33 of the repealed Act that is more than the amount determined to be payable under this clause.
This provision refers to the regulations (prescribed period
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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