sec.179Particular persons may apply for approval to apply for assistance

### sec.179 Particular persons may apply for approval to apply for assistance This section applies if, at the commencement, a person who could have made a relevant COVA application in relation to a personal offence is out of time. For subsection (1), a person is out of time for making a relevant COVA application if— the period within which the person could have made the application, if this chapter had not commenced, has expired; and the person has not made the application within that period. The person can not apply for an order under section 41 of the repealed Act. However, if the person has not previously applied for an order under section 41 of the repealed Act in relation to the personal offence, the person may apply to the scheme manager for approval to apply for assistance under division 2 or 3. If the scheme manager gives the approval, the person may— for a person who is out of time in relation to section 24 of the repealed Act—apply for assistance under section 156 as if the person were a person mentioned in section 154; or for a person who is out of time in relation to section 33 or 34 of the repealed Act—apply for assistance under section 160 as if the person were a person mentioned in section 159; or for a person who is out of time in relation to section 35 of the repealed Act—apply for assistance under section 164 as if the person were a person mentioned in section 163. The scheme manager may give the approval if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— the person’s age when the personal offence was committed; whether the person has an impaired capacity; whether the person who allegedly committed the personal offence was in a position of power, influence or trust in relation to the person; a person’s parent, spouse or carer the physical or psychological effect of the personal offence on the person; whether the delay in the person making the relevant COVA application undermines the possibility of a fair decision; any other matter the scheme manager considers relevant. The scheme manager must give the person notice of the scheme manager’s decision on the application for approval. If the scheme manager decides not to give the approval, the notice must state the following— the decision; the reasons for the decision; See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). the internal review details for the decision. This section does not limit section 178. In this section— relevant COVA application means— an application for an order under section 24 of the repealed Act; or an application for the payment of an amount under section 33, 34 or 35 of the repealed Act. (sec.179-ssec.1) This section applies if, at the commencement, a person who could have made a relevant COVA application in relation to a personal offence is out of time. (sec.179-ssec.2) For subsection (1), a person is out of time for making a relevant COVA application if— the period within which the person could have made the application, if this chapter had not commenced, has expired; and the person has not made the application within that period. (sec.179-ssec.3) The person can not apply for an order under section 41 of the repealed Act. (sec.179-ssec.4) However, if the person has not previously applied for an order under section 41 of the repealed Act in relation to the personal offence, the person may apply to the scheme manager for approval to apply for assistance under division 2 or 3. (sec.179-ssec.5) If the scheme manager gives the approval, the person may— for a person who is out of time in relation to section 24 of the repealed Act—apply for assistance under section 156 as if the person were a person mentioned in section 154; or for a person who is out of time in relation to section 33 or 34 of the repealed Act—apply for assistance under section 160 as if the person were a person mentioned in section 159; or for a person who is out of time in relation to section 35 of the repealed Act—apply for assistance under section 164 as if the person were a person mentioned in section 163. (sec.179-ssec.6) The scheme manager may give the approval if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— the person’s age when the personal offence was committed; whether the person has an impaired capacity; whether the person who allegedly committed the personal offence was in a position of power, influence or trust in relation to the person; a person’s parent, spouse or carer the physical or psychological effect of the personal offence on the person; whether the delay in the person making the relevant COVA application undermines the possibility of a fair decision; any other matter the scheme manager considers relevant. (sec.179-ssec.7) The scheme manager must give the person notice of the scheme manager’s decision on the application for approval. (sec.179-ssec.8) If the scheme manager decides not to give the approval, the notice must state the following— the decision; the reasons for the decision; See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). the internal review details for the decision. (sec.179-ssec.9) This section does not limit section 178. (sec.179-ssec.10) In this section— relevant COVA application means— an application for an order under section 24 of the repealed Act; or an application for the payment of an amount under section 33, 34 or 35 of the repealed Act. - (a) the period within which the person could have made the application, if this chapter had not commenced, has expired; and - (b) the person has not made the application within that period. - (a) for a person who is out of time in relation to section 24 of the repealed Act—apply for assistance under section 156 as if the person were a person mentioned in section 154; or - (b) for a person who is out of time in relation to section 33 or 34 of the repealed Act—apply for assistance under section 160 as if the person were a person mentioned in section 159; or - (c) for a person who is out of time in relation to section 35 of the repealed Act—apply for assistance under section 164 as if the person were a person mentioned in section 163. - (a) the person’s age when the personal offence was committed; - (b) whether the person has an impaired capacity; - (c) whether the person who allegedly committed the personal offence was in a position of power, influence or trust in relation to the person; Examples of persons who may be in a position of power, influence or trust in relation to a person— a person’s parent, spouse or carer - (d) the physical or psychological effect of the personal offence on the person; - (e) whether the delay in the person making the relevant COVA application undermines the possibility of a fair decision; - (f) any other matter the scheme manager considers relevant. - (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. - (a) an application for an order under section 24 of the repealed Act; or - (b) an application for the payment of an amount under section 33, 34 or 35 of the repealed Act.