QLDIn ForceAct
Victims of Crime Assistance Act 2009
sec.21Scheme for financial assistance
Start here
Get a plain-English read of sec.21
Turn the raw legal text into a practical explanation grounded in Victims of Crime Assistance Act 2009.
### sec.21 Scheme for financial assistance
This chapter establishes a scheme for the payment of financial assistance—
to a victim of an act of violence; or
to a person who incurs, or is reasonably likely to incur, funeral expenses for—
a primary victim of an act of violence; or
an unborn child of a primary victim of an act of violence.
This chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if—
the person committed or conspired to commit the act; or
for a person claiming assistance as a primary victim of the act—the person’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the person; or
for a person claiming assistance for the death of a primary victim of the act—the primary victim’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the primary victim, and the person was or should have been aware of the involvement.
Also, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if, in the absence of a reasonable excuse—
the act has not been reported to a person as mentioned in section 81 (1) (a) ; or
for an act that is a crime or a series of related crimes—the person has not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act.
Further, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence to the extent the person has received, or will receive, payment of an amount in relation to the act of violence from another source.
s 21 amd 2017 No. 8 s 28 ; 2023 No. 23 s 235
(sec.21-ssec.1) This chapter establishes a scheme for the payment of financial assistance— to a victim of an act of violence; or to a person who incurs, or is reasonably likely to incur, funeral expenses for— a primary victim of an act of violence; or an unborn child of a primary victim of an act of violence.
(sec.21-ssec.2) This chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if— the person committed or conspired to commit the act; or for a person claiming assistance as a primary victim of the act—the person’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the person; or for a person claiming assistance for the death of a primary victim of the act—the primary victim’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the primary victim, and the person was or should have been aware of the involvement.
(sec.21-ssec.3) Also, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if, in the absence of a reasonable excuse— the act has not been reported to a person as mentioned in section 81 (1) (a) ; or for an act that is a crime or a series of related crimes—the person has not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act.
(sec.21-ssec.4) Further, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence to the extent the person has received, or will receive, payment of an amount in relation to the act of violence from another source.
- (a) to a victim of an act of violence; or
- (b) to a person who incurs, or is reasonably likely to incur, funeral expenses for— (a) a primary victim of an act of violence; or (b) an unborn child of a primary victim of an act of violence.
- (a) a primary victim of an act of violence; or
- (b) an unborn child of a primary victim of an act of violence.
- (a) a primary victim of an act of violence; or
- (b) an unborn child of a primary victim of an act of violence.
- (a) the person committed or conspired to commit the act; or
- (b) for a person claiming assistance as a primary victim of the act—the person’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the person; or
- (c) for a person claiming assistance for the death of a primary victim of the act—the primary victim’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the primary victim, and the person was or should have been aware of the involvement.
- (a) the act has not been reported to a person as mentioned in section 81 (1) (a) ; or
- (b) for an act that is a crime or a series of related crimes—the person has not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act.