sec.51Who may apply for victim assistance

### sec.51 Who may apply for victim assistance A victim of an act of violence may apply to the scheme manager for victim assistance. If the victim is a child, the application may be made by— the child’s parent on behalf of the child; or if the child is at least 12 years old and is represented by a lawyer, the child; or someone else approved by the scheme manager. For subsection (2) (a) — if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999 —the reference to the child’s parent in the subsection is taken to be a reference to that person; and if a person has the right and responsibility to make decisions about a child’s daily care under a decision or order of a federal court or a court of a State, other than a temporary order—the reference to the child’s parent in the subsection is taken to be a reference to that person; and subject to paragraphs (a) and (b) , the reference to the child’s parent in the subsection does not include an approved carer of the child. If the victim is an adult with an impaired capacity, the application may be made by— if the victim has a guardian—the guardian; or if the victim does not have a guardian but has an administrator—the administrator; or if the victim does not have a guardian or an administrator—an attorney appointed by the victim under an enduring power of attorney; or if the victim does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney— a member of the victim’s support network; or someone else approved by the scheme manager. If the victim is not a child or an adult with impaired capacity but requires assistance in making an application under this chapter, the application may be made by someone else approved by the scheme manager. If a victim can not understand English, the scheme manager may approve a relative of the victim who can understand English to make the application on the victim’s behalf. For this Act, the victim is still the applicant even though under subsection (2) , (4) or (5) an application is made by someone else for the victim. In this section— lawyer means an Australian legal practitioner, or a government legal officer, within the meaning of the Legal Profession Act 2007 . support network see the Guardianship and Administration Act 2000 , schedule 4 . s 51 amd 2017 No. 8 s 41 (sec.51-ssec.1) A victim of an act of violence may apply to the scheme manager for victim assistance. (sec.51-ssec.2) If the victim is a child, the application may be made by— the child’s parent on behalf of the child; or if the child is at least 12 years old and is represented by a lawyer, the child; or someone else approved by the scheme manager. (sec.51-ssec.3) For subsection (2) (a) — if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999 —the reference to the child’s parent in the subsection is taken to be a reference to that person; and if a person has the right and responsibility to make decisions about a child’s daily care under a decision or order of a federal court or a court of a State, other than a temporary order—the reference to the child’s parent in the subsection is taken to be a reference to that person; and subject to paragraphs (a) and (b) , the reference to the child’s parent in the subsection does not include an approved carer of the child. (sec.51-ssec.4) If the victim is an adult with an impaired capacity, the application may be made by— if the victim has a guardian—the guardian; or if the victim does not have a guardian but has an administrator—the administrator; or if the victim does not have a guardian or an administrator—an attorney appointed by the victim under an enduring power of attorney; or if the victim does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney— a member of the victim’s support network; or someone else approved by the scheme manager. (sec.51-ssec.5) If the victim is not a child or an adult with impaired capacity but requires assistance in making an application under this chapter, the application may be made by someone else approved by the scheme manager. If a victim can not understand English, the scheme manager may approve a relative of the victim who can understand English to make the application on the victim’s behalf. (sec.51-ssec.6) For this Act, the victim is still the applicant even though under subsection (2) , (4) or (5) an application is made by someone else for the victim. (sec.51-ssec.7) In this section— lawyer means an Australian legal practitioner, or a government legal officer, within the meaning of the Legal Profession Act 2007 . support network see the Guardianship and Administration Act 2000 , schedule 4 . - (a) the child’s parent on behalf of the child; or - (b) if the child is at least 12 years old and is represented by a lawyer, the child; or - (c) someone else approved by the scheme manager. - (a) if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999 —the reference to the child’s parent in the subsection is taken to be a reference to that person; and - (b) if a person has the right and responsibility to make decisions about a child’s daily care under a decision or order of a federal court or a court of a State, other than a temporary order—the reference to the child’s parent in the subsection is taken to be a reference to that person; and - (c) subject to paragraphs (a) and (b) , the reference to the child’s parent in the subsection does not include an approved carer of the child. - (a) if the victim has a guardian—the guardian; or - (b) if the victim does not have a guardian but has an administrator—the administrator; or - (c) if the victim does not have a guardian or an administrator—an attorney appointed by the victim under an enduring power of attorney; or - (d) if the victim does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney— (i) a member of the victim’s support network; or (ii) someone else approved by the scheme manager. - (i) a member of the victim’s support network; or - (ii) someone else approved by the scheme manager. - (i) a member of the victim’s support network; or - (ii) someone else approved by the scheme manager.