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Statutory Declaration

To demonstrate 'special circumstances' a statutory declaration will be required, setting out full particulars of the act of violence, the injuries received and the reason why the matter was not reported.

In deciding whether the act of violence was reported within a reasonable time, the Tribunal can consider:

  • the age of the applicant at the time of the act of violence;
  • whether the applicant is intellectually disabled or mentally ill;
  • whether the alleged offender was in a position of power, influence or trust in relation to the applicant;
  • whether the victim was threatened / intimidated by the alleged offender or any other person;
  • the nature of the injury suffered by the victim;
  • any other relevant matters