Section 24(3) provides that a person is not eligible to receive statutory compensation in respect of an act of violence if it occurred whilst the person was engaged in behaviour constituting an offence. There must be a nexus between the behaviour constituting an offence and the act of violence.

Notwithstanding section 24(3), subject to the facts and merits of the case, a person engaged in behaviour constituting an offence where there is no such nexus, might be entitled to statutory compensation, subject to any section 30(1) consideration.

In cases where the person who is the victim of an act of violence was engaged in behaviour constituting an offence that is unrelated to the act of violence, subject to any other provisions of the Act, an award may be made.


C. Brahe
Chairperson
20 February 2008