Victims of Crime Assistance Act 2009

A person is eligible for assistance under this section (funeral expense assistance) if the person incurs, or is reasonably likely to incur, funeral expenses for the funeral of—

a primary victim of an act of violence who dies as a direct result of the act; or

if a primary victim of an act of violence is pregnant when the act is committed and, as a direct result of the act, the life of the primary victim’s unborn child is destroyed—the unborn child.

However, if the person committed the act of violence mentioned in subsection (1), the person is not eligible for funeral expense assistance.

A person eligible for funeral expense assistance under subsection (1) may be granted up to $15,000 for funeral expenses incurred, or reasonably likely to be incurred, by the person for—

if subsection (1)(a) applies—each primary victim; or

if subsection (1)(b) applies—each unborn child of the primary victim.

However, if more than 1 person is eligible for funeral expense assistance for a primary victim or unborn child, only a combined total of up to $15,000 may be granted to the persons for the funeral expenses for each primary victim or unborn child.

To remove any doubt, it is declared that a person may, in relation to an act of violence, be eligible for—

funeral expense assistance for a primary victim even though the person is also a witness secondary victim or related victim of the act; and

funeral expense assistance for an unborn child even though the person is also a primary victim, witness secondary victim or related victim of the act.