41
CurrentBehaviour etc. of victim to be considered
41 Behaviour etc. of victim to be considered
In deciding whether or not to make a compensation award, or the amount of a compensation award, in favour of a victim, or a close relative of a deceased victim, an assessor —
(a)
must have regard to any behaviour, condition, attitude, or disposition of the victim that contributed, directly or indirectly, to the victim’s injury or death; and
(b)
may, if he or she thinks it is just to do so —
(i)
refuse to make a compensation award because of that contribution; or
(ii)
reduce the amount that the assessor would otherwise have awarded.
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