Victorian Current Acts

VICTIMS OF CRIME ASSISTANCE ACT 1996 - SECT 54

In determining whether or not to make an award of assistance or the amount of assistance to award, the Tribunal must have regard to the following:

        (a)     the character, behaviour (including past criminal activity and the number and nature of any findings of guilt or convictions) or attitude of the applicant at any time, whether before, during or after the commission of the act of violence;

        (b)     in the case of an application by a related victim—

              (i)     the character or behaviour (including past criminal activity and the number and nature of any findings of guilt or convictions) of the deceased primary victim of the act of violence;

              (ii)     any obligations owed to the applicant and any other related victim applicants by the deceased primary victim of the act of violence;

              (iii)     the financial resources (including earning capacity) and financial needs of the applicant and any other related victim applicants;

              (iv)     if the related victim is a close family member of, or had an intimate personal relationship with, the deceased primary victim of the act of violence, the nature of the relationship between them;

        (c)     whether the applicant provoked the commission of the act of violence and, if so, the extent to which the act of violence was in proportion to that provocation;

        (d)     any condition or disposition of the applicant which directly or indirectly contributed to his or her injury or death;

        (e)     whether the person by whom the act of violence was committed or alleged to have been committed will benefit directly or indirectly from the award;

        (f)     any other circumstances that it considers relevant.