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s 36J

Decision about assistance for particular expenses

In force
Chapter 3Victims financial assistance scheme
Part 3BRelationship with national injury insurance scheme—motor vehicle accidents

36J Decision about assistance for particular expenses

(1)

This section applies if—

(a)

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

(b)

the government assessor defers deciding the application, or the amount of the assistance to be granted, under section 36I; and

(c)

section 36F does not apply.

(2)

Despite the deferral, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a) and (c) to (h).

(3)

The government assessor must give the primary victim 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 primary victim; 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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