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 (c) (Repealed) 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 (2) (Repealed) 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. > > > (3A) In determining a matter referred to in subsection (1) or (2) in the case of an act of modern slavery, the Commissioner must have regard to the nature of the relationship between the victim and the person or persons by whom the act of modern slavery is alleged to have been committed. > > > (4) In determining the amount of financial support to be given or the recognition payment to be made to a person, the Commissioner must have regard to— > > > > > (a) any amount that has been paid to the person or that the person is entitled to be paid— > > > > > > > (i) by way of damages awarded in civil proceedings, or > > > > > > > (ii) under any other Act or law (including workers compensation), or > > > > > > > (iii) under any insurance or other agreement or arrangement, and > > > > > (b) any other amount that has been received by the person or that (in the opinion of the Commissioner) is likely to be received by the person, > > > > in respect of the act of violence or act of modern slavery to which the application for financial support or a recognition payment relates. > > > (5) If the Commissioner is satisfied that the applicant may be entitled to workers compensation (or payment in the nature of workers compensation) in respect of the act of violence or act of modern slavery to which the application relates, the Commissioner is to postpone the determination of the application until any entitlements to workers compensation have been determined. > > > (6) If the Commissioner is satisfied that the applicant may be entitled to payments under the police officer support scheme under the [Police Act 1990](/view/html/inforce/current/act-1990-047), Part 9B in respect of the act of violence or act of modern slavery to which the application relates, the Commissioner is to postpone the determination of the application until any entitlements to those payments have been determined. > > > (6A) If the Commissioner is satisfied that an applicant for victims support, who is a family victim referred to in section 25 (2A), may be entitled to any damages under the [Compensation to Relatives Act 1897](/view/html/inforce/current/act-1897-031), or any payment under the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), in respect of the act of violence or act of modern slavery to which the application relates, the Commissioner is to postpone the determination of the application until any entitlement to those damages or to that payment (as the case may be) has been determined. > > > (6B) To avoid doubt, subsections (5)–(6A) do not apply in relation to an application by a family victim of a road crime. > > > (7) The Commissioner may postpone the determination of a person’s application pending the determination of another application for financial support or a recognition payment if the person has been convicted of an offence that is a relevant offence under section 58 in relation to that other application. > > **s 44:** Am 2018 No 30, Sch 5.7\[14\] \[15\]; 2018 No 34, Sch 1 \[9\] \[10\]; 2018 No 86, Sch 1 \[2\]; 2024 No 60, Sch 3.4; 2024 No 92, Sch 1\[25\]–\[28\].