5Jurisdiction of Commissioner to make awards

5 Jurisdiction of Commissioner to make awards

(1)  [Section 5 Subsection (1) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] Awards of compensation are within the discretion of the Commissioner and in exercising his discretion in any particular case he may have regard to any circumstances that he considers relevant.

(2)  [Section 5 Subsection (2) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005] [Section 5 Subsection (2) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005] [Section 5 Subsection (2) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] The Commissioner shall not make an award in respect of a death or injury unless he is satisfied, on a balance of probabilities, that the death or injury was the result of criminal conduct.

(3)  [Section 5 Subsection (3) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005] [Section 5 Subsection (3) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] In determining whether or not to make an award and, if so, the amount of the award, the Commissioner shall have regard to any behaviour, condition, attitude, or disposition of the victim that appears to him to have directly or indirectly contributed to the injury or death in relation to which the award is sought.

(3A)  [Section 5 Subsection (3A) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] *[Section 5 Subsection (3A) inserted by No. 28 of 1988, s. 4 ]*The Commissioner shall not make an award to a person if that person has failed to do any act or thing which, in the opinion of the Commissioner, that person should reasonably have done to assist in the identification, apprehension, or prosecution of any person alleged to have committed the criminal conduct or alleged criminal conduct for which compensation is claimed.

(4)  [Section 5 Subsection (4) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] The Commissioner may refuse to make an award to any person in respect of any criminal conduct if he is satisfied that that person has, or had, an adequate remedy in civil proceedings in respect of that conduct, and in determining the amount of any such award he shall take into account any amount recovered by or for the benefit of that person, by way of damages or compensation arising from the criminal conduct, or would, in the opinion of the Commissioner, be likely to be so recovered, if proper action was taken by that person or on his behalf.