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Assessment of applications

In determining an application for financial assistance, it is enough for the Court to be satisfied that, on the balance of probabilities, 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.