Australian Capital Territory Current Acts Australian Capital Territory Current Acts(see s 3)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACT
• child
• Criminal Code
• director-general (see s 163)
• domestic partner (see s 169 (1))
• found guilty
• health practitioner
• home address
• human rights commission
• Minister (see s 162)
• parent
• penalty unit (see s 133)
• proceeding
• public servant
• public trustee and guardian
• registrar
• territory law
• the Territory.
"Aboriginal or Torres Strait Islander person" means a person who—
(a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b) identifies as an Aboriginal person or a Torres Strait Islander person; and
(c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
"act of violence"—see section 7.
"application for financial assistance "means an application to the commissioner under section 31.
"assisted person" means a person who receives financial assistance under part 3 (Financial assistance) or a funeral expense payment under part 4 (Funeral expenses).
associated payment to a person (the applicant) who has received, or is eligible to receive, financial assistance or a funeral expenses payment—
(a) means an amount, other than an amount received under this Act, that has been paid to the applicant (or to another person for the applicant) as a result of an act of violence that is the subject of the applicant's application for any financial assistance or funeral expense; and
(b) includes any of the following to the extent that they relate to the act of violence that is the subject of the application:
(i) an award of damages in a civil proceeding;
(ii) a payment under a workers' compensation law;
(iii) an insurance payment;
(iv) a payment made under a reparation order under the Crimes (Sentencing) Act 2005
.
"circumstance of aggravation", for an offence—see section 8.
"class A related victim"—see section 13.
"class B related victim"—see section 14.
"class C related victim"—see section 15.
"close family member", of a primary victim—see section 17.
"commissioner"—see the Victims of Crime Act 1994
, dictionary.
"commissioner's guidelines"—see section 87.
"conduct" includes related conduct.
"contact with the commissioner" includes contact with—
(a) a member of the staff of the commissioner; or
(b) a delegate of the commissioner.
"convicted", for part 7 (Victims financial assistance levy)—see section 81.
"convicts", for part 7 (Victims financial assistance levy)—see section 81.
"Crimes Act", for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.
"Criminal Code", for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.
"dependant", of a primary victim, means—
(a) a person who is wholly or partly dependent for economic support on the primary victim at the time of the primary victim's death; or
(b) a person who would have been wholly or partly dependent for economic support on the primary victim's income at the time of the primary victim's death but for the incapacity of the primary victim because of the act of violence that resulted in the death; or
(c) a child of the primary victim born after the primary victim's death who would have been a dependant of the primary victim under paragraph (a) or (b) if the child had been born before the death.
"economic loss payment" means a financial payment under section 27.
"Family Violence Act", for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.
"financial assistance" means any of the following:
(a) an economic loss payment;
(b) an immediate need payment;
(c) a recognition payment.
"financially independent", of a primary victim, means a person who is not dependant on the primary victim at the time of the primary victim's death.
"Firearms Act", for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.
"funeral expense payment" means a financial payment under part 4 (Funeral expenses).
"homicide"—see section 10.
"homicide witness", in relation to a homicide—see section 16.
"immediate need payment "means a financial payment under section 26.
"injury"—see section 9.
"internally reviewable decision", for part 9 (Notification and review of decisions)—see section 90.
"internal review notice", for part 9 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008
, section 67B (1).
"intimate partner"—see the Family Violence Act 2016
"mental disorder"—see the Mental Health Act 2015
, dictionary.
"mental illness"—see the Mental Health Act 2015
, dictionary.
"offence", for part 7 (Victims financial assistance levy)—see section 80.
"offence against the person "means an offence against a provision mentioned in schedule 1 (Offences—act of violence), division 1.2.1 (General offences), column 3, item 1, 6, or 7.
"offender", for part 6 (Recovery from offender)—see section 69.
"offensive weapon"—see the Crimes Act 1900
, dictionary.
"official", for part 8 (Administration)—see section 85.
"primary victim"—see section 11.
"Public Order Act", for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.
"recognition payment "means a financial payment under—
(a) for a primary victim—section 28; or
(b) for a class A related victim—section 29; or
(c) for a class B related victim—section 30.
"recompensed offence", for part 6 (Recovery from offender)—see section 69.
"recoverable amount", that applies to an offender, for part 6 (Recovery from offender)—see section 69.
"recovery action", by the commissioner, for part 6 (Recovery from offender)—see section 69.
"recovery intention notice", for part 6 (Recovery from offender)—see section 74.
"recovery notice", for part 6 (Recovery from offender)—see section 69.
"related victim"—see section 12.
"relative", of a person, means—
(a) means the person's—
(i) father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or
(ii) son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or
(iii) brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or
(iv) uncle, aunt, uncle-in-law or aunt-in-law; or
(v) nephew, niece or cousin; and
(b) if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and
Note For the meaning of domestic partner, see the Legislation Act
, s 169.
For ACT law, a person acquires relatives through civil union in the same way as they acquire them through marriage (see Civil Unions Act 2012
, s 6 (2)).
(c) includes—
(i) someone who has been a relative mentioned in paragraph (a) or (b) of the person; and
(ii) if the person is an Aboriginal or Torres Strait Islander person, the following people:
(A) someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person's Aboriginal or Torres Strait Islander community;
(B) someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person's Aboriginal or Torres Strait Islander community; and
(iii) someone regarded and treated by the person as a relative; and
(iv) anyone else who could reasonably be considered to be, or have been, a relative of the person.
"relevant person", in relation to a person (the original person) means—
(a) a domestic partner or former domestic partner of the original person; or
Note A domestic partner need not be an adult (see Legislation Act
, s 169).
(b) an intimate partner or former intimate partner of the original person; or
(c) a relative of the original person; or
(d) a child of a domestic partner or former domestic partner of the original person; or
(e) a parent of a child of the original person.
"repayment amount", that applies to an assisted person who has received an associated payment, for part 5 (Repayment of financial assistance and funeral expenses by assisted person)—see section 62.
"repayment arrangement notice", for part 5 (Repayment of financial assistance and funeral expenses by assisted person)—see section 62.
"repayment direction notice", for part 5 (Repayment of financial assistance and funeral expenses by assisted person)—see section 62.
"reviewable decision", for part 9 (Notification and review of decisions)—see section 90.
"RT (S and TM) Act", for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.
schedule 1 offence means—
(a) an offence against a provision mentioned in an item in schedule 1 (Offences—act of violence), division 1.2.1 (General offences), column 3 of an Act mentioned in the item, column 2; and
(b) if the victim of an offence is a relevant person in relation to the person who carried out the offence—an offence against a provision mentioned in an item in schedule 1 (Offences—act of violence), division 1.2.2 (Family violence offences), column 3 of an Act mentioned in the item, column 2.
"sexual offence" means an offence against a provision mentioned in schedule 1 (Offences—act of violence), division 1.2.1 (General offences), column 3, item 2, 4 or 5.
"very serious injury" means an injury that results in at least 1 of the following:
(a) a physical bodily impairment that is very serious;
(b) a disfigurement that is very serious;
(c) a mental illness or mental disorder that is very serious;
(d) the death of a fetus.
"victims services scheme" means the victims service scheme established under the Victims of Crime Act 1994
"workers' compensation law "means the Workers Compensation Act 1951
, or any other law applying in the ACT that provides for the payment of compensation for injuries arising out of or in the course of employment.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Victims of Crime (Financial Assistance) Act 2016 A2016-12
notified LR 16 March 2016
s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
remainder commenced 1 July 2016 (s 2 (1) (a))
as amended by
Justice and Community Safety Legislation Amendment Act 2016
A2016-37 sch 1 pt 1.21
notified LR 22 June 2016
s 1, s 2 commenced 22 June 2016 (LA s 75 (1))
sch 1 pt 1.21 commenced 1 July 2016 (LA s 79A and see A2016-12
s 2 (1) (a))
A2016-42 sch 3 pt 3.21 (as am by A2017-10
notified LR 18 August 2016
s 1, s 2 commenced 18 August 2016 (LA s 75 (1))
sch 3 pt 3.21 commenced 1 May 2017 (s 2 (2) as am by A2017-10
Family and Personal Violence Legislation Amendment Act 2017
A2017-10 s 7
notified LR 6 April 2017
s 1, s 2 commenced 6 April 2017 (LA s 75 (1))
s 7 commenced 30 April 2017 (s 2 (1))
Note This Act only amends the Family
Violence Act 2016
A2016-42
.
Statute Law Amendment Act 2019
A2019-42 sch 3 pt 3.25
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.25 commenced 14 November 2019 (s 2 (1))
Crimes Legislation Amendment Act 2023
A2023-33 sch 2 pt 2.8
notified LR 6 September 2023
s 1, s 2 commenced 6 September 2023 (LA s 75 (1))
sch 2 pt 2.8 commenced 13 September 2023 (s 2)
Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023
A2023-45 pt 11
notified LR 15 November 2023
s 1, s 2 commenced 15 November 2023 (LA s 75 (1))
pt 11 commenced 22 November 2023 (s 2 (1))
Victims of Crime (Financial Assistance) Amendment Act 2024
A2024-28
notified LR 19 June 2024
s 1, s 2 commenced 19 June 2024 (LA s 75 (1))
s 6, s 7, s 11, s 13, s 14, s 16 commenced 20 June 2024 (s 2 (1))
remainder awaiting
commencement
Commencement
s
2 om LA s 89 (4)
Meaning of
injury
s 9 am A2016-42
amdt 3.93
Meaning of
homicide
s 10 am A2023-45
s 145
Meaning of class A related
victim
s 13 am A2016-42
amdt 3.94
Meaning of class B related
victim
s 14 am A2016-42
amdt 3.95; A2024-28
Meaning of class C related
victim
s 15 am A2024-28
Application to
commissioner
s 31 am A2023-45
s 146, s 147; ss renum R7 LA
Power to ask for further
information
s 38 am A2016-42
amdt 3.96
Circumstances in which financial assistance
must not be given
s 45 am A2024-28
How financial assistance may be
given
s 48 am A2016-37
amdt 1.42
Secrecy
s
89 am A2024-28
Application material not admissible in
certain court proceedings
s 95A ins A2024-28
Review of
Act
s 98 exp 1 July 2020 (s 98
(3))
Repeals and consequential
amendments
pt 11 hdg om LA s 89
(3)
Legislation
repealed
s 102 om LA s 89
(3)
Legislation amended––sch
3
s 103 om LA s 89
(3)
Transitional
pt
20 hdg exp 1 July 2021 (s 205)
Definitions—pt
20
s 200 exp 1 July 2021 (s
205)
def assisted
person exp 1 July 2021 (s
205)
def commencement
day exp 1 July 2021 (s
205)
def final
award exp 1 July 2021 (s
205)
def liability
exp 1 July 2021 (s
205)
def
penalty exp 1 July 2021 (s
205)
def
privilege exp 1 July 2021 (s
205)
def related
crime exp 1 July 2021 (s
205)
def repealed
Act exp 1 July 2021 (s
205)
def right
exp 1 July 2021 (s 205)
Application for financial assistance
commenced but not finalised under repealed Act, and later
action
s 201 exp 1 July 2021 (s
205)
Application for financial assistance not
commenced under repealed Act may be made within 12 months after
commencement day, and later action
s
202 exp 1 July 2021 (s 205)
Application for financial assistance under
repealed Act not made within 12 months after commencement day may be made
under this Act
s 203 exp 1 July 2021
(s 205)
Transitional
regulations
s 204 exp 1 July 2021 (s
205)
Expiry—pt
20
s 205 exp 1 July 2021 (s
205)
Offences—act of
violence
sch 1 am A2016-42
amdts 3.97-3.100
General
offences
sch 1 div 1.2.1 am A2024-28
s 16; items renum R8 LA
Consequential
amendments
sch 3 om LA s 89
(3)
Dictionary
dict am
A2016-37
amdt 1.43; A2016-42
amdt
3.101
def Aboriginal or Torres
Strait Islander person ins A2016-42
amdt
3.102
def Domestic Violence
Act om A2016-42
amdt
3.103
def Family Violence
Act ins A2016-42
amdt
3.104
def intimate partner
ins A2016-42
amdt
3.104
def relative ins A2016-42
amdt
3.104
def relevant person
sub A2016-42
amdt
3.105
def relevant
relationship om A2016-42
amdt
3.106
def repayment
amount am A2023-33
amdt
2.34
def schedule 1
offence am A2019-42
amdt
3.107
def very serious
injury am A2019-42
amdt 3.108
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
1 July
2016– |
A2016-37 |
new Act and amendments by A2016-37
R2
1 May
2017
1 May
2017–
13 Nov 2019
A2017-10
amendments by A2016-42
as amended by A2017-10
R3
14 Nov
2019
14 Nov
2019–
30 June 2020
A2019-42
amendments by A2019-42
R4
2 July
2020
2 July
2020–
1 July 2021
A2019-42
expiry of provision (s 98)
R5
2 July
2021
2 July
2021–
12 Sept 2023
A2019-42
expiry of transitional provisions (pt 20)
R6
13
Sept 2023
13 Sept
2023–
21 Nov 2023
A2023-33
amendments by A2023-33
R7
22 Nov
2023
22 Nov
2023–
19 June 2024
A2023-45
amendments by A2023-45
6 Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001
, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp' followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
©
Australian Capital Territory 2024