Australian Capital Territory Current Acts

VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 2016

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against Act—application of Criminal Code etc  
   6.      Object of Act  

   PART 2--IMPORTANT CONCEPTS

   7.      Meaning of act of violence  
   8.      Meaning of circumstance of aggravation for an offence  
   9.      Meaning of injury  
   10.     Meaning of homicide  
   11.     Meaning of primary victim  
   12.     Meaning of related victim  
   13.     Meaning of class A related victim  
   14.     Meaning of class B related victim  
   15.     Meaning of class C related victim  
   16.     Meaning of homicide witness  
   17.     Meaning of close family member  

   PART 3--FINANCIAL ASSISTANCE

           Division 3.1--Eligibility

   18.     Eligibility for financial assistance  
   19.     Primary victim  
   20.     Class A related victim  
   21.     Class B related victim  
   22.     Class C related victim  
   23.     Homicide witness  

           Division 3.2--Amount of financial assistance

   24.     Maximum total financial assistance  
   25.     CPI indexation of certain prescribed amounts  

           Division 3.3--Financial assistance

   26.     Immediate need payment  
   27.     Economic loss payment  
   28.     Recognition payment for primary victim  
   29.     Recognition payment for class A related victim  
   30.     Recognition payment for class B related victim  

           Division 3.4--Applications for financial assistance

   31.     Application to commissioner  
   32.     Time for making application  
   33.     Notice of repayment and recovery procedures  
   34.     Withdrawal of application  
   35.     Amendment of application before commissioner's decision  
   36.     Application lapses if no contact with commissioner  
   37.     Application lapses on death of applicant  

           Division 3.5--Commissioner may ask for information when deciding applications for financial assistance

   38.     Power to ask for further information  
   39.     Power to ask for examination by health practitioner  
   40.     Power to ask for information from chief police officer  
   41.     Power to ask for information from registrar  

           Division 3.6--Deciding applications for financial assistance

   42.     Time for deciding application for financial assistance  
   43.     Deciding matters relevant to application for financial assistance  
   44.     Deciding whether applications involve related acts of violence  
   45.     Circumstances in which financial assistance must not be given  
   46.     Deciding amount of financial assistance  
   47.     Reducing amount of financial assistance  
   48.     How financial assistance may be given  

           Division 3.7--Variation of amount of financial assistance

   49.     Application to vary amount of financial assistance previously received  
   50.     Deciding varied amount of financial assistance  

   PART 4--FUNERAL EXPENSES

   51.     Eligibility to apply for funeral expense payment  
   52.     Application for funeral expense payment  
   53.     Amount of funeral expense payment  
   54.     Time for making application for funeral expense payment  
   55.     Notice of repayment and recovery procedures to applicant for funeral expense  
   56.     Withdrawal of application for funeral expense payment  
   57.     Amendment of application before commissioner's decision for funeral expense  
   58.     Application for funeral expense payment lapses if no contact with  
   59.     Application lapses on death of applicant for funeral expense payment  
   60.     Deciding application for funeral expense payment  
   61.     How funeral expense payment may be given  

   PART 5--REPAYMENT OF FINANCIAL ASSISTANCE AND FUNERAL EXPENSES BY ASSISTED PERSON

   62.     Definitions—pt 5  
   63.     Suspension of financial assistance or funeral expense payment  
   64.     Assisted person must notify commissioner about associated payment  
   65.     Assisted person liable for repayment amount  
   66.     Repayment arrangement notice  
   67.     Repayment direction notice  
   68.     Death of assisted person before repayment made  

   PART 6--RECOVERY FROM OFFENDER

   69.     Definitions—pt 6  
   70.     Offender liable to repay recoverable amount  
   71.     Commissioner must decide whether to take recovery action etc  
   72.     Commissioner must assess risks associated with recovery action  
   73.     Commissioner must consult assisted person before giving recovery intention notice to  
   74.     Recovery intention notice  
   75.     Commissioner may ask registrar for information relevant to recovery  
   76.     Commissioner must not give offender confidential information  
   77.     Recovery notice  
   78.     Arrangement for payment of recoverable amount  
   79.     Commissioner may ask government agency for offender's home address for recovery  

   PART 7--VICTIMS FINANCIAL ASSISTANCE LEVY

   80.     Meaning of offence—pt 7  
   81.     Meaning of convicted and convicts—pt 7  
   82.     Imposition of victims financial assistance levy  
   83.     Exemptions  
   84.     Effect of appeal etc  

   PART 8--ADMINISTRATION

   85.     Meaning of official—pt 8  
   86.     Functions of commissioner  
   87.     Commissioner's guidelines  
   88.     Protection of officials from liability  
   89.     Secrecy  

   PART 9--NOTIFICATION AND REVIEW OF DECISIONS

   90.     Definitions—pt 9  
   91.     Internal review notices  
   92.     Applications for reconsideration  
   93.     Reconsideration of decisions  
   94.     Reviewable decision notice  
   95.     Applications for review  

   PART 10--MISCELLANEOUS

   95A.    Application material not admissible in certain court proceedings  
   96.     Limitation on lawyers legal costs  
   97.     WPI indexation of lawyers legal costs  
   99.     Determination of fees  
   100.    Approved forms  
   101.    Regulation-making power  
           SCHEDULE 1
           SCHEDULE 2
           DICTIONARY
           ENDNOTES