NSWIn ForceAct
Victims Rights and Support Act 2013
43Determination of applications
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#### 43 Determination of applications
43 Determination of applications
> > (1) After considering an application for victims support, the Commissioner must determine the application—
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> > > (a) by approving the giving of the victims support, or
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> > > (b) by dismissing the application.
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> > (2) The Commissioner may defer the determination of the application if the Commissioner is of the opinion that there are relevant matters requiring further consideration or clarification.
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> > Note.
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> > Section 11 enables the Commissioner to carry out inquiries and investigations with respect to applications.
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> > (3) The Commissioner must not approve the giving of victims support unless satisfied that the person to whom the application relates—
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> > > (a) is one of the following persons—
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> > > > (i) a primary victim, secondary victim or family victim of an act of violence or act of modern slavery,
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> > > > (ii) a parent, step-parent or guardian who is caring for a child who is a primary victim of an act of violence or act of modern slavery,
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> > > > (iii) a family victim of a road crime, and
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> > > (b) is eligible to receive the victims support concerned.
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> > (4) Written notice is to be given to the applicant of the determination of the application.
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> > (5) If approval is given, the notice must include a statement of the amount (if any) payable by way of financial support (including whether for immediate needs or economic loss, or both) or by way of recognition payment, together with a statement of the reasons for approving the giving of those amounts.
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> > (6) If the application is dismissed, the notice must include a statement of the reasons for the dismissal.
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> > (7) The Commissioner may, only on the Commissioner’s own initiative, amend a notice given under this section to correct an error in the notice.
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> **s 43:** Am 2018 No 30, Sch 5.7\[13\]; 2018 No 34, Sch 1 \[8\]; 2024 No 92, Sch 1\[24\].