5Authorisation of payments for approved counselling services

#### 5 Authorisation of payments for approved counselling services 5 Authorisation of payments for approved counselling services > > (1) A limit imposed by this clause— > > > > > (a) on the period that payments for approved counselling services may be authorised for a person, or > > > > > (b) on the amount of payments for approved counselling services that may be authorised for a person, > > > > is a limit that applies to each act of violence or act of modern slavery committed in respect of the person. > > > (2) For the purposes of section 32 of the Act, the Commissioner may authorise payments for approved counselling services for a victim (other than a family victim or relevant family member)— > > > > > (a) for a period of up to 22 hours of counselling (including counselling for the purposes of an application for continued counselling), and > > > > > (b) for further periods of counselling if the Commissioner considers it appropriate. > > > (3) The Commissioner may consider a person to be a victim referred to in subclause (2), for the purposes of authorising payments for an initial period of 2 hours of counselling for the person, if satisfied that counselling may assist in establishing whether or not the person is a victim. > > > (4) The Commissioner must not authorise payments for more than a total of 22 hours of counselling services for a victim described in subclause (2) within Australia unless satisfied that there are exceptional reasons for doing so. > > > (5) If counselling services are provided for a victim outside of Australia, the Commissioner must not authorise payments for those counselling services for more than a total of 22 hours or a maximum of $5,500, whichever is the lesser. > > > (6) The Commissioner may, if the Commissioner considers it appropriate, authorise the provision of approved counselling services to a relevant family member. > > > (7) The Commissioner may authorise payments for approved counselling services within Australia for a victim who is a family victim or relevant family member— > > > > > (a) for a period of up to 22 hours of counselling, and > > > > > (b) for a further period of counselling if requested by the family victim or relevant family member. > > > (8) Payments may be made for approved counselling services even though— > > > > > (a) the victim is entitled to workers compensation or a payment 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 concerned, or > > > > > (b) the maximum amount of financial assistance for economic loss is payable in respect of the act of violence or act of modern slavery concerned. > > > (9) Payments for approved counselling services provided to a victim who is resident in Australia are to be made from the Fund directly to the service provider, except that payments for up to 2 hours of the period referred to in subclause (3) may be made from that Fund by way of reimbursement of the victim if it was not reasonably practicable for the victim to obtain the Commissioner’s authorisation for the payment before undertaking the counselling. > > > (10) Payments for approved counselling services provided to a victim who is resident outside Australia are to be made in the manner approved by the Commissioner generally or in a particular case from the Fund on production of an invoice, statement or other document verifying provision of the relevant approved counselling service. > > **cl 5:** Am 2023 (260), sec 3(2); 2024 No 60, Sch 3.5.