5Jurisdiction of Commissioner to make awards

### 5 Jurisdiction of Commissioner to make awards > > (1)  [*\[Section 5 Subsection (1) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc1@EN) 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)  [*\[Section 5 Subsection (2) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS7@Hpb@EN) [*\[Section 5 Subsection (2) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS7@Hpa@EN) [*\[Section 5 Subsection (2) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc2@EN) 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)  [*\[Section 5 Subsection (3) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS7@Hpc@EN) [*\[Section 5 Subsection (3) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc3@EN) 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)  [*\[Section 5 Subsection (3A) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc4@EN) *\[Section 5 Subsection (3A) inserted by No. 28 of 1988, s. 4 \]*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)  [*\[Section 5 Subsection (4) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc5@EN) 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. > > > (5)  [*\[Section 5 Subsection (5) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc6@EN) Where the Commissioner in making, or refusing to make, an award to any person in respect of any criminal conduct exercises the powers conferred by [subsection (4)](#GS5@Gs4@EN) , he may give leave for the making of a further application by or on behalf of that person for an award or a further award in respect of the same criminal conduct, and the Commissioner may make such an award if, having regard to circumstances that have arisen or the information that has been obtained since his previous decision, he considers it just to do so. > > > (6)  [*\[Section 5 Subsection (6) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc7@EN) Where the Commissioner is satisfied that an award should be made to any person but has not sufficient information to enable him to determine finally the amount of the award, he may, if he considers it proper to do so, make an interim award to that person, and the making of an interim award to any person shall not be taken as preventing the making of a further interim award to the same person. > > > (7)  [*\[Section 5 Subsection (7) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc8@EN) An award may be made on and subject to such conditions as the Commissioner determines as to– > > > > > > (a) the payment, disposal, allotment, or apportionment of any sum paid under the award; > > > > > > > (b) the holding of any sum paid under the award on trust for a person entitled to the benefit thereof. > > > (8)  [*\[Section 5 Subsection (8) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc9@EN) [*\[Section 5 Subsection (8) omitted by No. 23 of 2005, s. 7, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS7@Hpd@EN) .  .  .  .  .  .  .  .   > > > (9)  [*\[Section 5 Subsection (9) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS7@Hpe@EN) [*\[Section 5 Subsection (9) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc10@EN) *\[Section 5 Subsection (9) inserted by No. 24 of 1991, s. 5 \]*Where the Commissioner makes a determination in relation to an application for an award of compensation, this Act, as in force at the time the claim was lodged, applies. > > > (10)  [*\[Section 5 Subsection (10) inserted by No. 32 of 2023, s. 4, Applied:27 Nov 2023\]*](/view/html/inforce/2023-11-27/act-2023-032#GS4@EN) Despite [subsection (9)](#GS5@Gs9@EN) , the total amount that may be awarded to a person in respect of an application for an award of compensation is the greater of the following: > > > > > > (a) the relevant prescribed maximum under [section 6A](#GS6A@EN) , that applied to the person in respect of the application, at the time the application was lodged; > > > > > > > (b) the relevant prescribed maximum under [section 6A](#GS6A@EN) , that applied to the person in respect of the application, at the time the application was determined by the Commissioner.