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Victims of Crime (Financial Assistance) Act 2016
46Deciding amount of financial assistance
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46 Deciding amount of financial assistance
(1) The commissioner must decide the amount of financial assistance that
may be given to an applicant for financial assistance if the
commissioner—
(a) believes on reasonable grounds that the applicant is eligible to
apply for the assistance under division 3.1 (Eligibility); and
(b) is satisfied that the application for the assistance complies with
division 3.4 (Applications for financial assistance); and
(c) has decided under section 45, that no disqualifying
circumstances apply in relation to the applicant.
(2) The commissioner must—
(a) for an application that includes a claim for an immediate need
(i) consider the extent to which services are available to the
applicant—
(A) under the victims services scheme; and
(B) from other sources; and
(ii) decide the immediate needs the applicant has; and
(iii) decide the immediate need payment to be made to the
applicant; and
(b) for an application that includes a claim for an economic loss
(i) consider the extent to which services are available to the
applicant—
(A) under the victims services scheme; and
(B) from other sources; and
(ii) decide the applicant’s economic loss; and
(iii) decide the economic loss payment to be made to the
applicant; and
(c) for an application that includes a claim for a recognition
(i) identify the act of violence that is the subject of the
application; and
(ii) decide the recognition payment to be made to the applicant;
and
(d) if section 47 applies—reduce the amount in accordance with that
section.
(3) The commissioner must tell the applicant, by written notice, the
commissioner’s decision.