sec.36DRequirement to defer decision—motor accident claim not made

### sec.36D Requirement to defer decision—motor accident claim not made This section applies if— the person (the applicant ) applies for victim assistance in relation to the act of violence; and the applicant has not made a motor accident claim in relation to the motor vehicle accident. The government assessor must defer deciding the application until— the applicant has made a motor accident claim in relation to the motor vehicle accident; and the claim has been finally dealt with. However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section. However, subsection (2) does not apply if the scheme manager is satisfied— that— a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994 , section 37 (3) ; or the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994 , section 37 (3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37 (2) of that Act; and the applicant has a reasonable excuse for not making the motor accident claim within the period mentioned in section 37 (2) of that Act. For deciding whether the applicant has a reasonable excuse under subsection (3) (b) , the scheme manager must have regard to each of the following— the applicant’s age at the time the act of violence occurred; whether the applicant has impaired capacity; whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the applicant; the applicant’s parent, spouse or carer the physical or psychological effect of the act of violence on the applicant; any other matter the scheme manager considers relevant. If the scheme manager decides the applicant does not have a reasonable excuse, the scheme manager must give the applicant a notice stating 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. s 36D ins 2017 No. 8 s 33 (sec.36D-ssec.1) This section applies if— the person (the applicant ) applies for victim assistance in relation to the act of violence; and the applicant has not made a motor accident claim in relation to the motor vehicle accident. (sec.36D-ssec.2) The government assessor must defer deciding the application until— the applicant has made a motor accident claim in relation to the motor vehicle accident; and the claim has been finally dealt with. However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section. (sec.36D-ssec.3) However, subsection (2) does not apply if the scheme manager is satisfied— that— a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994 , section 37 (3) ; or the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994 , section 37 (3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37 (2) of that Act; and the applicant has a reasonable excuse for not making the motor accident claim within the period mentioned in section 37 (2) of that Act. (sec.36D-ssec.4) For deciding whether the applicant has a reasonable excuse under subsection (3) (b) , the scheme manager must have regard to each of the following— the applicant’s age at the time the act of violence occurred; whether the applicant has impaired capacity; whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the applicant; the applicant’s parent, spouse or carer the physical or psychological effect of the act of violence on the applicant; any other matter the scheme manager considers relevant. (sec.36D-ssec.5) If the scheme manager decides the applicant does not have a reasonable excuse, the scheme manager must give the applicant a notice stating 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. - (a) the person (the applicant ) applies for victim assistance in relation to the act of violence; and - (b) the applicant has not made a motor accident claim in relation to the motor vehicle accident. - (a) the applicant has made a motor accident claim in relation to the motor vehicle accident; and - (b) the claim has been finally dealt with. - (a) that— (i) a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994 , section 37 (3) ; or (ii) the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994 , section 37 (3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37 (2) of that Act; and - (i) a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994 , section 37 (3) ; or - (ii) the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994 , section 37 (3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37 (2) of that Act; and - (b) the applicant has a reasonable excuse for not making the motor accident claim within the period mentioned in section 37 (2) of that Act. - (i) a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994 , section 37 (3) ; or - (ii) the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994 , section 37 (3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37 (2) of that Act; and - (a) the applicant’s age at the time the act of violence occurred; - (b) whether the applicant has impaired capacity; - (c) whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the applicant; Examples of persons who may be in a position of power, influence or trust in relation to the applicant— the applicant’s parent, spouse or carer - (d) the physical or psychological effect of the act of violence on the applicant; - (e) 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.