Victorian Current Acts

VICTIMS OF CRIME ASSISTANCE ACT 1996 - SECT 29

    (1)     An application must be made within 2 years after the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within 2 years after the death of the primary victim.

S. 29(1A) inserted by No. 5/2018 s. 37(1).

    (1A)     Despite subsection (1), an application may be made by a victim at any time after the occurrence of an act of violence consisting of physical abuse or sexual abuse if the act occurred when the victim was under the age of 18 years.

S. 29(2)
amended by No. 52/1997
s. 6(1)(a)(b).

    (2)     The Tribunal must strike out an application made out of time unless it considers that, in the particular circumstances, the application ought not to be struck out.

S. 29(3) amended by No. 52/1997
s. 6(2).

    (3)     In determining whether to further hear and determine an application made out of time, the Tribunal must have regard to—

        (a)     the age of the applicant at the time of the occurrence of the act of violence;

S. 29(3)(b) amended by Nos 23/2006 s. 250, 26/2014 s. 455(Sch. item 33.1), 39/2022 s. 879.

        (b)     whether the applicant is intellectually disabled within the meaning of the Disability Act 2006 or suffering from a mental illness within the meaning of the Mental Health and Wellbeing Act 2022 ;

        (c)     whether the person who committed, or is alleged by the applicant to have committed, the act of violence was in a position of power, influence or trust in relation to the applicant;

        (d)     the physical or psychological effect of the act of violence on the applicant;

        (e)     whether the delay in making the application threatens the capacity of the Tribunal to make a fair decision;

        (f)     whether the applicant was a child at the time of the occurrence of the act of violence and the application was made within a reasonable time after he or she reached the age of 18;

        (g)     all other circumstances that it considers relevant.

S. 29(4) amended by No. 52/1997
s. 6(3).

    (4)     The Tribunal must not decide to further hear and determine an application made out of time only because the applicant was unaware of this Act or of the Criminal Injuries Compensation Act   1983 or the Criminal Injuries Compensation Act 1972 or of the time within which applications must be made under any such Act.

S. 29(5) inserted by No. 5/2018 s. 37(2).

    (5)     In this section—

"sexual abuse" means—

        (a)     taking part in a sexual act within the meaning of section 35C of the  Crimes Act 1958 ; or

        (b)     an activity that is sexual within the meaning of section 35D of that Act.

S. 29A inserted by No. 52/1997
s. 5.