43Determination of applications

43 Determination of applications

43 Determination of applications

(1) After considering an application for victims support, the Commissioner must determine the application—

(a) by approving the giving of the victims support, or

(b) by dismissing the application.

(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.

Note.

Section 11 enables the Commissioner to carry out inquiries and investigations with respect to applications.

(3) The Commissioner must not approve the giving of victims support unless satisfied that the person to whom the application relates—

(a) is one of the following persons—

(i) a primary victim, secondary victim or family victim of an act of violence or act of modern slavery,

(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,

(iii) a family victim of a road crime, and

(b) is eligible to receive the victims support concerned.

(4) Written notice is to be given to the applicant of the determination of the application.

(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.

(6) If the application is dismissed, the notice must include a statement of the reasons for the dismissal.

(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.

s 43: Am 2018 No 30, Sch 5.7[13]; 2018 No 34, Sch 1 [8]; 2024 No 92, Sch 1[24].