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When to apply

An application must be lodged within two years of the date of the act of violence occurring. However, the Tribunal may still consider hearing the application for assistance despite it being filed out of time.

Lodging applications out of time.

If the application is lodged outside the two year period, the Tribunal will require the applicant to make an 'Application for Extension of Time', which sets out the reasons why the application was not filed within the prescribed time limit.

Once this additional application is completed and returned to the Tribunal, a Tribunal Member will consider whether to grant an extension of time. The Tribunal Member may consider the following issues:

• 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;
• the physical or psychological effect of the act of violence on the applicant;
• whether the delay threatens the capacity of the Tribunal to make a fair decision;
• whether the applicant was a child at the time of the act of violence and the application was made within a reasonable time after he or she reached the age of 18;
• all other circumstances that it considers relevant.

The Tribunal must not grant the extension of time if the only grounds for the application is that the applicant was unaware that such an application could be made.

If an extension of time is granted, the application may then proceed. If refused, the application for assistance is unsuccessful and cannot proceed any further.

The Tribunal will automatically send out a copy of the application for extension of time if required, once an application for assistance is received. Alternatively, a copy may be downloaded by clicking on the link below. The form may be completed and sent to the Tribunal with the application for assistance.