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VICTIMS OF CRIME AMENDMENT REGULATIONS 2002 (NO 1) (NO 40 OF 2002)
2002
AUSTRALIAN CAPITAL TERRITORY
The Victims Of Crime Amendment Regulations 2002 are made
under the Victims of Crime Act 1994. The purpose of these amendments is
to make technical amendments to regulations dealing with the functions,
membership and powers of the Victims Assistance Board (the Board).
Clause 1 explains that the regulations are the Victims of Crime
Amendment Regulations 2002 (No.1).
Clause 2 explains that the
regulations commence the day after they are notified.
Clause 3
explains that the regulations amend the Victims of Crime Regulations
2000.
Clause 4 amends regulation 6 of the Victims of Crime
Regulations 2000 to omit the function of "managing funding arrangements for
the responsible service agency" from the list of the Board's functions. It is
necessary to omit this function because it is inconsistent with the requirements
of the Financial Management Act 1996. The effect of that Act is to
confer the responsibility for managing the funds that have been appropriated for
the Victims Services Scheme on the chief executive of the Department of Justice
and Community Safety. It should be noted that the chief executive has in fact
managed the funding for the scheme, as required by the Financial Management
Act 1996.
Clause 5 provides for regulation 6 of the Victims
of Crime Regulations 2000 to be renumbered when next republished. This
amendment is consequential on clause 4.
Clause 6 amends
regulation 8(1)(a), which deals with membership of the Board. Amended
regulation 8(1)(a)(v) will ensure that Board membership aligns more closely with
the functions performed by government departments, following changes made
earlier this year to the Administrative Arrangements Order. Under those
arrangements, it is now the Department of Disability, Housing and Community
Services that has responsibility for the administration of community support
services. It is clearly desirable for that department to be represented on the
Board that is responsible for monitoring the Victims Services Scheme, which
provides assistance and support to victims of crime.
New regulation
8(1)(a)(vi) was included at the recommendation of the current Victims Assistance
Board. It ensures that Board membership includes representation from the
government agency with responsibility for youth policy and services, that is,
the Department of Education, Youth and Family Services. Many young people are
vulnerable to becoming victims of crime and it is important that the Board
include representation from this Department to ensure that the needs of young
people are taken fully into account.
Clause 7 amends regulation 11
of the Victims of Crime Regulations 2000 to update references to members
of the Board, to take account of the changes made by clause 6 to the membership
of the Board.
Clause 8 amends regulation 43 of the Victims of
Crime Regulations 2000 to clarify the Board's power to cancel the approval
of a service provide who continues to fail to meet the criteria for approval.
At present, the Board may cancel a service provider's approval if on at least 3
occasions, there have been grounds to suspend that provider. This power is
difficult to apply where the ground for suspension relates to an ongoing state
of affairs, rather than to specific acts or omissions by the service provider.
New regulation 43(ab) makes it clear that the Board may cancel a service
provider's approval if the ground of suspension for a service provider is a
state of affairs, and that state of affairs has existed for 3 months or
longer.
Clause 9 provides for regulation 43 of the Victims of
Crime Regulations 2000 to be renumbered when next republished. This
amendment is consequential on clause 8.
Clause 10 amends
regulation 49 of the Victims of Crime Regulations 2000 to confer
responsibility for preparing the annual report of the Victims Services Scheme on
the chief executive of the Department of Justice and Community Safety. This
amendment ensures greater consistency with the chief executive's reporting
responsibilities in relation to the funding of the scheme under the Financial
Management Act 1996.
Clause 11 amends the dictionary to the
Victims of Crime Regulations 2000. It is consequential on the
amendment to the Board's membership in clause 6.