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Victims of Crime Assistance Act 2009
sec.83Dealing with application if applicant has earlier application
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### sec.83 Dealing with application if applicant has earlier application
This section applies if an applicant for assistance has made an earlier application for assistance for the same act of violence.
The government assessor must refuse the later application.
However, if the earlier application has not been decided, the government assessor may act under subsection (2) only if—
the applicant has been invited to withdraw the earlier application under section 59 within a stated period of at least 7 days; and
the applicant has not withdrawn the earlier application within the stated time.
See also section 60 for amendments of applications.
Also, if the earlier application has not been decided and the government assessor considers the applications relate to a series of related crimes or a series of related acts of domestic violence, the government assessor—
must not refuse the later application under subsection (2) ; and
must refer the earlier and later applications to the scheme manager to be dealt with under section 70 .
Section 70 provides for deciding 2 or more applications for a series of related crimes, or a series of related acts of domestic violence, as 1 application for a single act of violence involving the series.
Subsection (2) does not apply if 1 of the applications is an application for victim assistance and the other application is for funeral expense assistance.
s 83 amd 2017 No. 8 s 56
(sec.83-ssec.1) This section applies if an applicant for assistance has made an earlier application for assistance for the same act of violence.
(sec.83-ssec.2) The government assessor must refuse the later application.
(sec.83-ssec.3) However, if the earlier application has not been decided, the government assessor may act under subsection (2) only if— the applicant has been invited to withdraw the earlier application under section 59 within a stated period of at least 7 days; and the applicant has not withdrawn the earlier application within the stated time. See also section 60 for amendments of applications.
(sec.83-ssec.4) Also, if the earlier application has not been decided and the government assessor considers the applications relate to a series of related crimes or a series of related acts of domestic violence, the government assessor— must not refuse the later application under subsection (2) ; and must refer the earlier and later applications to the scheme manager to be dealt with under section 70 . Section 70 provides for deciding 2 or more applications for a series of related crimes, or a series of related acts of domestic violence, as 1 application for a single act of violence involving the series.
(sec.83-ssec.5) Subsection (2) does not apply if 1 of the applications is an application for victim assistance and the other application is for funeral expense assistance.
- (a) the applicant has been invited to withdraw the earlier application under section 59 within a stated period of at least 7 days; and
- (b) the applicant has not withdrawn the earlier application within the stated time.
- (a) must not refuse the later application under subsection (2) ; and
- (b) must refer the earlier and later applications to the scheme manager to be dealt with under section 70 . Note— Section 70 provides for deciding 2 or more applications for a series of related crimes, or a series of related acts of domestic violence, as 1 application for a single act of violence involving the series.