44Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment

44 Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment

44 Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment

(1) In determining whether or not to approve the giving of victims support, and in determining the amount of financial support to be given or recognition payment to be made, the Commissioner must have regard to the following—

(a) for a victim of an act of violence or an act of modern slavery—any behaviour (including past criminal activity), attitude or disposition of the primary victim concerned that directly or indirectly contributed to the injury or death sustained by the victim,

(b) for a family victim of a road crime—any behaviour, including past criminal activity, attitude or disposition of the person who died as a result of the road crime that directly or indirectly contributed to the person’s death,

(c) (Repealed)

(d) whether the victim participated in the commission of the act of violence, act of modern slavery or road crime, encouraged another person to commit the act of violence, act of modern slavery or road crime or otherwise gave assistance to any person by whom the act of violence, act of modern slavery or road crime was committed,

(e) whether the victim has failed to provide reasonable assistance to any person or body duly engaged in the investigation of the act of violence, act of modern slavery or road crime or in the arrest or prosecution of any person by whom the act of violence, act of modern slavery or road crime was committed or alleged to have been committed,

(f) whether the victim failed to take reasonable steps to mitigate the extent of the injury sustained by the victim, such as seeking appropriate medical advice or treatment, as soon as practicable after the act of violence, act of modern slavery or road crime was committed,

(g) such other matters as the Commissioner considers relevant.

(2) (Repealed)

(3) In determining the matter referred to in subsection (1) (f) in the case of an act of violence or act of modern slavery involving sexual assault or domestic violence, the Commissioner must have regard to the nature of the relationship between the victim and the person or persons by whom the act of violence or act of modern slavery is alleged to have been committed.