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Victims of Crime (Financial Assistance) Act 2016
44Deciding whether applications involve related acts of
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44 Deciding whether applications involve related acts of
(1) This section applies if a person makes 2 or more separate applications
for financial assistance under division 3.4 (Applications for financial
assistance).
(2) The commissioner must review the applications to work out if the
applications are for acts of violence that occur in the course of a series
of offences that are related.
Examples—series of offences that are related
1 offences with same offender and same primary victim
2 contemporaneous or near contemporaneous offences
(3) Acts of violence that occur in the course of a series of offences that
are related must be treated as a single act of violence—
(a) if the series of offences are, or are likely to be, part of a single
ongoing offence; or
(b) if the effect of treating each act of violence separately would
result in the applicant receiving a total amount of financial
assistance that would be disproportionately more than the
amount of financial assistance that would be appropriate for the
totality of harm suffered by the applicant as a result of the acts;
or
(c) in circumstances prescribed by regulation.
(4) If the commissioner is satisfied that the acts of violence that are the
subject of separate applications appear to be a single act of violence,
the commissioner must give the applicant written notice—
(a) that the separate applications for financial assistance appear to
disclose a series of offences that are related, and that without
further information suggesting otherwise the acts of violence
occurring in the course of the offences must be treated as a single
act of violence; and
(b) asking the applicant to tell the commissioner, in writing, within
14 days after the notice is received, if there is a reason why the
acts of violence should not be treated as a single act of violence.
(5) After considering any reasons given by the applicant in response to
notice under subsection (4) the commissioner must—
(a) decide whether or not to treat the acts of violence as a single act
of violence; and
(b) tell the applicant, by written notice, the commissioner’s
(6) If the commissioner decides to treat the acts of violence as a single
act of violence, the separate applications are taken to be a single
application for financial assistance.