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s 36F

Decision about assistance for counselling expenses

In force
Chapter 3Victims financial assistance scheme
Part 3ARelationship with Motor Accident Insurance Act 1994

36F Decision about assistance for counselling expenses

(1)

This section applies if—

(a)

the person applies for victim assistance in relation to the act of violence; and

(b)

the government assessor defers deciding the application under section 36D or 36E.

(2)

Despite the deferral of the decision, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a), 42(a), 45(a), 46(a) or 49(a).

Note—

The effect of this subsection is that the person may be granted assistance for counselling expenses before the motor accident claim has been finally dealt with.

(3)

The government assessor must give the person a notice for the decision mentioned in subsection (2) stating—

(a)

if the decision is to grant the application to the extent mentioned in the subsection—

(i)

the amount payable to the person; and

(ii)

the reasons for the decision; andNote—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)

the internal review details for the decision; or

(b)

if the decision is to refuse to grant the application to the extent mentioned in the subsection—

(i)

the decision; and

(ii)

the reasons for the decision; andNote—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)

the internal review details for the decision.

(4)

If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14.

Note—

See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance.

(5)

This section does not limit part 14.

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