sec.87Deferring decision if victim’s conduct may be relevant

### sec.87 Deferring decision if victim’s conduct may be relevant This section applies if— a person ( applicant ) has applied for assistance in relation to an act of violence; and a person ( charged person ) has been charged with an offence that the government assessor reasonably considers is a relevant offence for the act; and the government assessor reasonably believes that, in relation to the charge, a relevant justification, excuse or defence may be raised. The government assessor may defer deciding the amount of assistance to be granted to the applicant until 1 of the following happens— the prosecuting agency decides not to continue with the charge; there is a mistrial for the charge; the charged person is acquitted or convicted of the charge; the prosecution process for the charge ends in another way. If a trial is started in relation to the charge and evidence given at the trial raises a relevant justification, excuse or defence, the government assessor must, in deciding the matter mentioned in section 85 (2) (a) , have regard to the evidence. Subsection (3) applies only to the extent the government assessor has lawful access to the evidence. If the government assessor decides to defer deciding the amount of assistance under this section, the government assessor 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. In this section— relevant justification, excuse or defence means a justification, excuse or defence that involves the conduct of— the applicant; or if the applicant is not the primary victim of the act of violence—the primary victim. s 87 amd 2017 No. 8 s 59 (sec.87-ssec.1) This section applies if— a person ( applicant ) has applied for assistance in relation to an act of violence; and a person ( charged person ) has been charged with an offence that the government assessor reasonably considers is a relevant offence for the act; and the government assessor reasonably believes that, in relation to the charge, a relevant justification, excuse or defence may be raised. (sec.87-ssec.2) The government assessor may defer deciding the amount of assistance to be granted to the applicant until 1 of the following happens— the prosecuting agency decides not to continue with the charge; there is a mistrial for the charge; the charged person is acquitted or convicted of the charge; the prosecution process for the charge ends in another way. (sec.87-ssec.3) If a trial is started in relation to the charge and evidence given at the trial raises a relevant justification, excuse or defence, the government assessor must, in deciding the matter mentioned in section 85 (2) (a) , have regard to the evidence. (sec.87-ssec.4) Subsection (3) applies only to the extent the government assessor has lawful access to the evidence. (sec.87-ssec.5) If the government assessor decides to defer deciding the amount of assistance under this section, the government assessor 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. (sec.87-ssec.6) In this section— relevant justification, excuse or defence means a justification, excuse or defence that involves the conduct of— the applicant; or if the applicant is not the primary victim of the act of violence—the primary victim. - (a) a person ( applicant ) has applied for assistance in relation to an act of violence; and - (b) a person ( charged person ) has been charged with an offence that the government assessor reasonably considers is a relevant offence for the act; and - (c) the government assessor reasonably believes that, in relation to the charge, a relevant justification, excuse or defence may be raised. - (a) the prosecuting agency decides not to continue with the charge; - (b) there is a mistrial for the charge; - (c) the charged person is acquitted or convicted of the charge; - (d) the prosecution process for the charge ends in another way. - (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. - (a) the applicant; or - (b) if the applicant is not the primary victim of the act of violence—the primary victim.