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VICTIMS OF CRIME ASSISTANCE REGULATIONS 2010 (S.R. 2010, NO. 135) - REG 5
Application for award
(1) An application for an award is to be lodged with the VAU and include
the following particulars: (a) the applicant's full name, address and date of
birth;
(b) a statement whether the application is for an interim or final
award;
(c) a statement whether the application arises from (i) a
single offence; or
(ii) a series of offences committed by the same offender;
or
(iii) a series of offences committed simultaneously or consecutively by
offenders acting in concert;
(d) details of the criminal conduct giving rise
to the application, including (i) the date of the offence; and
(ii) the nature of the offence; and
(iii) details of the offence; and
(iv) the
name of the offender, if known;
(e) details of any criminal proceedings taken
against the offender, including (i) whether the offender was
charged; and
(ii) whether those proceedings have been completed; and
(iii) the
outcome of those proceedings; and
(iv) details of any penalties imposed on the
offender;
(f) details of any claim for damages made against the offender by
the applicant, including (i) whether a claim for damages has been
made against the offender and, if so, the current status or result of that
claim; and
(ii) whether a claim for compensation was made in any criminal
proceedings taken against the offender and, if so, the current status or
result of that claim;
(g) details of the injuries suffered which form the
basis of the application, including (i) physical injuries; and
(ii) psychiatric or psychological injuries; and
(iii) the impact of these
injuries on the applicant, including details of any pain and suffering;
(h)
details of expenses incurred by the applicant, or by another person on the
applicant's behalf, as a result of any relevant injury, including
(i) details of any medical, pharmaceutical, counselling or other treatment
expenses not recoverable; and
(ii) the cost of purchase and installation of
any therapeutic devices; and
(iii) the cost of travel undertaken for the
applicant's medical or other treatment (A) by the applicant; and
(B) if applicable, by a person accompanying the applicant; and
(iv) any other
costs incurred as a result of the injury;
(i) details of any loss of income
arising from any total or partial incapacity to work arising from a relevant
injury to the applicant or to a primary victim for whom the applicant provides
care;
(j) details of the costs incurred by the applicant, or by another person
on the applicant's behalf, in making the application, including
(i) costs of legal representation; and
(ii) costs of medical or other reports
obtained to support the application; and
(iii) any other costs incurred in
making the application;
(k) a statement whether the applicant wishes to have
the matter dealt with (i) by the conduct of a hearing; or
(ii) by
the conduct of a hearing in respect of a matter other than the amount of the
award; or
(iii) on the basis of the materials lodged with the application
without the need for a hearing;
(l) a statement whether the Crown has notice
of the application and, if so, whether the Crown has (i) conceded
that criminal conduct occurred; or
(ii) conceded the occurrence of a single
offence or a series of offences as specified in subregulation (1)(c) ; or
(iii) conceded the absence of an adequate civil remedy; or
(iv) claimed that
an award should be reduced or should not be made at all by virtue of section 6
of the Act; or
(v) indicated that it seeks an order against the offender under
section 7A of the Act; or
(vi) indicated that it seeks to be represented at
any hearing.
(2) If an application for an award is made by an applicant on behalf of
another person, the application is also to include the following information:
(a) the full name, address and date of birth of the person on behalf of whom
the application is made ( "the claimant" );
(b) the relationship of the
applicant to the claimant;
(c) the reason the application is made by the
applicant rather than the claimant;
(d) if requested by the Commissioner,
evidence of the claimant's consent to the applicant making the application on
the claimant's behalf.
(3) If an application for an award is made by a related victim or a
secondary victim, the application is also to include the following information
about the primary victim of the offence in respect of which the application is
made: (a) the primary victim's full name, address and date of birth;
(b) the
relationship of the applicant to the primary victim (if any);
(c) details of
any claim for damages made against the offender by the primary victim
including the details specified in subregulation (1)(f)(i) and (ii) ;
(d)
details of the injuries suffered by the primary victim including the details
specified in subregulation (1)(g)(i) , (ii) and (iii) .
(4) If an application for an award is made by a person who suffered
injury as a result of witnessing an offence, the application is also to
include a statement of the circumstances in which the applicant witnessed the
relevant offence.
(5) If an application for an award is made by an applicant as a result
of the death of a person, the application is also to include the following
information: (a) the full name and date of birth of the deceased;
(b) the
relationship of the applicant to the deceased;
(c) details of expenses
incurred as a result of the death, including (i) details of any
medical, pharmaceutical or other treatment expenses not recoverable; and
(ii)
details of funeral expenses; and
(iii) any costs of travel arising from the
death; and
(iv) any other costs incurred as a result of the death;
(d) if the
applicant was a dependant of the deceased, details of any other financial loss
suffered by the applicant as a result of the death.
(6) If an application for an award is made as a result of an injury
incurred in the provision of assistance to a police officer, the application
is also to include the following information: (a) the name and rank of the
police officer to whom assistance was provided;
(b) details of the
circumstances giving rise to the provision of assistance;
(c) details of the
assistance provided.
(7) An application is to be accompanied by a statutory declaration made
by the applicant or the person applying on the applicant's behalf.
(8) The statutory declaration is to (a) set out the
particulars of the application as specified in this regulation; and
(b) be in
accordance with the form in Schedule 1 .
(9) An applicant for an award may adduce evidence in support of an
application (a) by filing a statutory declaration by any other
person; or
(b) by filing a document, or a copy of a document, relevant to the
application, including any invoice, account, medical report or similar
document; or
(c) by lodging any exhibit or other thing, other than a document,
with the VAU (i) at the time of lodging the application; or
(ii)
at any time before the application is determined.
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