Assessment of applications
In determining an application for financial assistance, it is enough for the court to be satisfied on the balance of probabilities that a violent crime took place.
The Court may take into account the following matters:
- the conduct of the primary victim or eligible property owner at the time of the incident;
- where reasonable expenses are claimed, whether those services could have been obtained for free under the Victims Services Scheme;
- whether the applicant has received or is entitled to receive a payment from another source or under another law e.g. common law damages, workers compensation;
- an amount of reparation ordered by the court to be paid by the offender in respect of the injury or damage;
- an amount in respect of the injury or damage payable as a Medicare benefit or under insurance;
- if the victim was intoxicated at the time the criminal injury was sustained;
- if a primary victim or an eligible property owner was involved in the commission of a minor crime at the time the injury or damage was sustained; and
- any other factors the Court considers relevant.