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s 84A

Deferring decision if cause of death unknown

In force
Chapter 3Victims financial assistance scheme
Part 12Considering applications for assistance
Division 4Other general provisions about considering applications

84A Deferring decision if cause of death unknown

(1)

This section applies if—

(a)

an applicant has applied for assistance in relation to an act of violence; and

(b)

the primary victim has died as a direct result of the act of violence; and

(c)

the police commissioner has notified the government assessor under section 65 that the cause of the primary victim’s death is unknown.

(2)

The government assessor may defer deciding the application until the first of the following happens—

(a)

a person is charged with an offence the government assessor reasonably considers is a relevant offence for the act of violence;

(b)

a coroner under the Coroners Act 2003 makes a finding under that Act in relation to the death of the primary victim;

(c)

a cause of death certificate for the primary victim is issued under the Births, Deaths and Marriages Registration Act 2023;

(d)

the police commissioner advises the government assessor about the cause of the primary victim’s death.

(3)

If the government assessor defers deciding the application, the government assessor must give the applicant a notice stating the following—

(a)

the decision;

(b)

the reasons for the decision;Note—

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

(c)

the internal review details for the decision.

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