Victims of Crime Assistance Act 2006

(1) The maximum financial assistance that may be awarded to all the family victims of the same violent act under this Division is $40 000 less any amounts paid as interim payments (the maximum amount), even if the victims' financial loss exceeds the maximum amount.

(2) The maximum financial assistance that may be awarded to each family victim for financial loss described in section 14(3) is $10 000, less any amount paid as an interim payment, even if the victim's financial loss exceeds $10 000.

(4) If the total financial assistance for all the family victims of the same violent act is assessed to be more than the maximum amount, the assessor must, after awarding any financial assistance under subsection (3), proportionately reduce each amount awarded.

(5) However, subsections (6) and (7) apply if any of the family victims were totally or substantially dependent on the primary victim.

(6) The assessor must award each of the family victims mentioned in subsection (5):

(b) if the total financial assistance for all of those family victims is assessed to be more than the maximum amount – financial assistance proportionately reduced.

(7) If the maximum amount has not been awarded under subsection (6), the assessor must award any other family victims the remaining financial assistance proportionately reduced.

(8) The assessor may award financial assistance to the family victims of the same violent act only if the assessor is satisfied no other family victim of the violent act is likely to make an application for an award.

(9) The assessor may be satisfied no other family victim of a violent act is likely to make an application for an award if:

(a) at least 3 months has elapsed since the latest application was made by a family victim of the violent act; and

(b) no other family victim of the violent act has made an application or notified the assessor that he or she intends to do so.