This legislation has been repealed.
TABLE OF PROVISIONS Long Title PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 2A. Notes 3. What is a violent crime? 4. What is a criminal injury? 5. References to applications and awards made on behalf of other people 6. References to convictions—finding of proof without proceeding to 7. Evidence of criminal conduct 8. Legal incapacity—criminal intent PART 2--ELIGIBILITY FOR FINANCIAL ASSISTANCE Division 2.1--Financial assistance for primary victims and responsible people 9. Who is a primary victim? 10. Financial assistance for primary victims and responsible people 11. What is an extremely serious injury? 12. No financial assistance for primary victims or responsible 13. Exhaustion of workers compensation remedies 14. Maximum award—primary victims and responsible people 15. Victims services scheme—primary victims Division 2.2--Financial assistance for related victims 16. Who is a related victim? 17. Financial assistance for related victims 18. No financial assistance for related victims 19. Maximum award—related victims 20. Victims services scheme—related victims Division 2.3--Financial assistance for eligible property owners 21. Who is an eligible property owner? 22. Financial assistance for eligible property owners 23. Maximum award—eligible property owners 24. No financial assistance for eligible property owners 25. Victims services scheme—eligible property owners PART 3--AWARD OF FINANCIAL ASSISTANCE Division 3.1--Procedure 26. Jurisdiction of Magistrates Court 27. Application for financial assistance 28. Proceedings on applications 29. Civil standard of proof 30. Medical examinations Division 3.2--General criteria 31. Relevant considerations 32. Expenses—victims services scheme 33. Dismissal of application—set-offs exceeding entitlements Division 3.3--Set-offs—primary victims, responsible people and eligible property owners 34. Application of div 3.3—primary victims, responsible people and eligible property 35. Set-offs—other entitlements of primary victims, responsible people and eligible property 36. Set-offs—special assistance for primary victims 37. Set-offs—intoxication of primary victims 38. Set-offs—minor crimes by primary victims and eligible property owners Division 3.4--Set-offs—related victims 39. Application of div 3.4—related victims 40. Set-offs—other entitlements of related victims 41. Set-offs—special assistance for related victims Division 3.5--Miscellaneous 42. Adjournment of proceedings pending ascertainment of set-off amounts 43. Interim awards 44. Conditions of awards of financial assistance 45. Restriction on publication 46. Variation of final awards of financial assistance 47. Legal fees 48. Territory liability to pay financial assistance 49. Copies of awards and arrangements for payment 50. Prohibition on financial assistance being applied to other purposes by operation of law or 51. Other rights not affected PART 4--RECOVERY OF FINANCIAL ASSISTANCE Division 4.1--Preliminary 52. Definitions—pt 4 Division 4.2--Recovery from assisted people 53. Repayment of financial assistance if civil damages recovered Division 4.3--Recovery from offenders 54. Provisional order for restitution 55. Notice of objection by defendant 56. Confirmation of provisional order—no recovery proceedings 57. Confirmation of provisional order—recovery proceedings in Magistrates 58. Arrangements for payment under order for restitution 59. Confirmed order for restitution 60. Effect of appeals against award of financial assistance, and variations of 61. Appeals to Supreme Court 61A. Order for restitution—judgment debt 61B. Recovery under restitution orders—Confiscation of Criminal Assets 62. Effect of order for restitution on civil proceedings 63. Access to information about defendant's whereabouts Division 4.4--Reimbursement of offenders 64. Reimbursement of offender if amounts paid under div 4.2 and div 4.3 PART 5--COMPENSATION LEVY 65. Meaning of levy—pt 5 66. Application—pt 5 67. Extended meaning of convicted—pt 5 68. Imposition of levy 69. Exemptions 70. Effect of appeal etc PART 6--MISCELLANEOUS 73. Approved forms 73A. Regulation-making power DICTIONARY ENDNOTES