sec.85Deciding amount of assistance generally

### sec.85 Deciding amount of assistance generally This section applies for deciding the amount of assistance (if any) to be granted to an applicant. In deciding the amount, the government assessor may have regard to, and may reduce the amount that would otherwise be payable to the applicant on the basis of, the following— the extent to which the applicant’s conduct directly or indirectly contributed to the injury suffered by the applicant as a direct result of the act of violence in relation to which assistance is sought; any other matter prescribed under a regulation for this section. A question of fact for deciding the matter mentioned in subsection (2) (a) , or for deciding the category of the act of violence in relation to which special assistance is sought, must be decided on the balance of probabilities. The government assessor may be satisfied on the balance of probabilities that an act of violence of a particular category has caused a person’s injury even though— no person has been charged with, or convicted of, an act of violence of that category in relation to the injury; or a person has been charged with, or convicted of, an act of violence of a different category in relation to the injury. If a regulation prescribes a matter for subsection (2) (b) , the government assessor may reduce the amount of assistance that would otherwise be payable to a person on the basis of the matter only if the person’s application for assistance is made after the matter is prescribed. s 85 amd 2017 No. 8 s 101 sch 1 (sec.85-ssec.1) This section applies for deciding the amount of assistance (if any) to be granted to an applicant. (sec.85-ssec.2) In deciding the amount, the government assessor may have regard to, and may reduce the amount that would otherwise be payable to the applicant on the basis of, the following— the extent to which the applicant’s conduct directly or indirectly contributed to the injury suffered by the applicant as a direct result of the act of violence in relation to which assistance is sought; any other matter prescribed under a regulation for this section. (sec.85-ssec.3) A question of fact for deciding the matter mentioned in subsection (2) (a) , or for deciding the category of the act of violence in relation to which special assistance is sought, must be decided on the balance of probabilities. (sec.85-ssec.4) The government assessor may be satisfied on the balance of probabilities that an act of violence of a particular category has caused a person’s injury even though— no person has been charged with, or convicted of, an act of violence of that category in relation to the injury; or a person has been charged with, or convicted of, an act of violence of a different category in relation to the injury. (sec.85-ssec.5) If a regulation prescribes a matter for subsection (2) (b) , the government assessor may reduce the amount of assistance that would otherwise be payable to a person on the basis of the matter only if the person’s application for assistance is made after the matter is prescribed. - (a) the extent to which the applicant’s conduct directly or indirectly contributed to the injury suffered by the applicant as a direct result of the act of violence in relation to which assistance is sought; - (b) any other matter prescribed under a regulation for this section. - (a) no person has been charged with, or convicted of, an act of violence of that category in relation to the injury; or - (b) a person has been charged with, or convicted of, an act of violence of a different category in relation to the injury.