7Procedure for determining applications for awards

### 7 Procedure for determining applications for awards > > (1)  [*\[Section 7 Subsection (1) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc11@EN) An application for an award shall be made to the Commissioner, and regulations under this Act may prescribe the manner in which the application is to be made, and the particulars to be furnished therewith, and may require the application to be accompanied by such statutory declaration as may be prescribed. > > > (1A)  [*\[Section 7 Subsection (1A) amended by No. 2 of 2023, s. 45, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS45@Hpb@EN) [*\[Section 7 Subsection (1A) amended by No. 2 of 2023, s. 45, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS45@Hpa@EN) [*\[Section 7 Subsection (1A) inserted by No. 23 of 2005, s. 9, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS9@Hpa@EN) Subject to [subsections (1B)](#GS7@Gs1B@EN) , [(1C)](#GS7@Gs1C@EN) and [(1D)](#GS7@Gs1D@EN) , an application for an award is to be made within 3 years after the date of the relevant offence. > > > (1B)  [*\[Section 7 Subsection (1B) inserted by No. 23 of 2005, s. 9, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS9@Hpa@EN) If a primary victim, secondary victim or related victim is less than 18 years old at the time of the relevant offence, his or her application for an award must be made no later than 3 years after he or she turns 18. > > > (1C)  [*\[Section 7 Subsection (1C) inserted by No. 23 of 2005, s. 9, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS9@Hpa@EN) The Commissioner may extend the 3-year period referred to in [subsection (1A)](#GS7@Gs1A@EN) or [(1B)](#GS7@Gs1B@EN) if satisfied that there are special circumstances which justify the extension. > > > (1D)  [*\[Section 7 Subsection (1D) inserted by No. 2 of 2023, s. 45, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS45@Hpc@EN) [Subsections (1A)](#GS7@Gs1A@EN) and [(1B)](#GS7@Gs1B@EN) do not apply in respect of an application for an award that involves an allegation of child sexual abuse. > > > (2)  [*\[Section 7 Subsection (2) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc12@EN) In the consideration of an application for an award, the Commissioner is entitled to inform himself as he sees fit. > > > (3)  Proof of conviction of any person for an offence shall, in relation to any application for an award, be taken to be conclusive of the fact that the offence has been committed, unless an appeal against the conviction is pending or a new trial has been directed. > > > (4)  [*\[Section 7 Subsection (4) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc13@EN) A person applying for an award under this Act, whether for himself or on behalf of some other person, is entitled to appear before and be heard by the Commissioner either personally or by some person approved by the Commissioner. > > > (5)  [*\[Section 7 Subsection (5) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc14@EN) In his consideration of an application for an award to any person the Commissioner may give directions requiring that person to appear before him in person and he may refuse to make the award if, without reasonable excuse, there is a failure or refusal to comply with the directions. > > > (6)  [*\[Section 7 Subsection (6) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc15@EN) If he thinks it convenient to do so the Commissioner may, at any time, adjourn his consideration of an application for an award, and, in particular, may adjourn his consideration of such an application while legal proceedings are contemplated or being taken in relation to the criminal conduct to which the application relates. > > > (7)  [*\[Section 7 Subsection (7) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc16@EN) Without prejudice to the provisions of [subsection (6)](#GS7@Gs6@EN) , the Attorney-General may, at any time, apply to the Commissioner for the adjournment of the consideration by the Commissioner of an application for an award on the ground that a prosecution for an offence arising out of the conduct to which the application relates has been, or is about to be, brought; and on such an application, the Commissioner may adjourn the hearing for such period or in such manner as he thinks proper. > > > (8)  [*\[Section 7 Subsection (8) inserted by No. 23 of 2005, s. 9, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS9@Hpb@EN) An application for an award is to be determined within 3 years of the date of the application. > > > (9)  [*\[Section 7 Subsection (9) inserted by No. 23 of 2005, s. 9, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS9@Hpb@EN) The Commissioner may extend the 3-year period referred to in [subsection (8)](#GS7@Gs8@EN) if satisfied that there are special circumstances which justify the extension. > > > (10)  [*\[Section 7 Subsection (10) inserted by No. 23 of 2005, s. 9, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS9@Hpb@EN) Where the Commissioner makes an award in terms consented to by the applicant, the applicant is nevertheless entitled to be heard by the Commissioner in respect of a matter other than the amount of the award. > > > (11)  [*\[Section 7 Subsection (11) inserted by No. 2 of 2023, s. 45, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS45@Hpd@EN) The provisions of this section, as amended by section 45 of the *Justice Miscellaneous (Royal Commission Amendments) Act 2023*, apply in relation to an application for an award – > > > > > > (a) whether or not the cause of action accrued before the amendment day; and > > > > > > > (b) whether or not a period of limitation under this section as in force before the amendment day, had, before the amendment day, expired in respect of the relevant offence. > > > (12)  [*\[Section 7 Subsection (12) inserted by No. 2 of 2023, s. 45, Applied:20 Apr 2023\]*](/view/html/inforce/2023-04-20/act-2023-002#GS45@Hpd@EN) In this section – > > > > > ***amendment day*** means the day on which the *Justice Miscellaneous (Royal Commission Amendments) Act 2023* commenced.