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This is a Bill, not an Act. For current law, see the Acts databases.


VICTIMS RIGHTS AND SUPPORT AMENDMENT (MOTOR VEHICLES) BILL 2018





                               New South Wales




Victims Rights and Support Amendment
(Motor Vehicles) Bill 2018
Contents
                                                                             Page

             1   Name of Act                                                   2
             2   Commencement                                                  2
Schedule 1       Amendment of Victims Rights and Support Act 2013 No 37        3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.

                                                Clerk of the Legislative Assembly.
                                                Legislative Assembly,
                                                Sydney,                                   , 2018




                                    New South Wales




Victims Rights and Support Amendment
(Motor Vehicles) Bill 2018

Act No     , 2018



An Act to amend the Victims Rights and Support Act 2013 to provide for the eligibility of certain
persons to make applications for victims support in respect of an act of violence that involved a
member of the person's immediate family being intentionally killed by a motor vehicle.




I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.


                                                Assistant Speaker of the Legislative Assembly.
Victims Rights and Support Amendment (Motor Vehicles) Bill 2018 [NSW]




The Legislature of New South Wales enacts:
  1   Name of Act
             This Act is the Victims Rights and Support Amendment (Motor Vehicles) Act 2018.
  2   Commencement
             This Act commences on a day or days to be appointed by proclamation.




Page 2
Victims Rights and Support Amendment (Motor Vehicles) Bill 2018 [NSW]
Schedule 1 Amendment of Victims Rights and Support Act 2013 No 37



Schedule 1             Amendment of Victims Rights and Support Act
                       2013 No 37
[1]   Section 25 Persons not eligible for support
      Insert after section 25 (2):
           (2A)     Exception to ineligibility for motor vehicle accidents
                    Despite subsection (2), a family victim is eligible to receive victims support in
                    respect of an act of violence referred to in that subsection if:
                     (a) the act of violence took the form of the intentional killing of the primary
                          victim, and
                    (b) a person has been charged with murder in relation to the death of the
                          primary victim.
[2]   Section 44 Reasons for not approving the giving of victims support or for reducing
      amount of financial support or recognition payment
      Insert after section 44 (6):
           (6A)     If the Commissioner is satisfied that an applicant for victims support, who is a
                    family victim referred to in section 25 (2A), may be entitled to any damages
                    under the Compensation to Relatives Act 1897, or any payment under the
                    Motor Accident Injuries Act 2017, in respect of the act of violence to which the
                    application relates, the Commissioner is to postpone the determination of the
                    application until any entitlement to those damages or to that payment (as the
                    case may be) has been determined.
[3]   Schedule 2 Savings, transitional and other provisions
      Insert at the end of the Schedule, with appropriate Part and clause numbering:

      Part          Provision consequent on enactment of Victims
                    Rights and Support Amendment (Motor Vehicles)
                    Act 2018
             Amendments do not apply to acts of violence that occurred before the
             amendments commenced
             (1)    Section 25 (2A), as inserted by the amending Act, does not apply to an
                    application for victims support relating to an act of violence that occurred
                    before the commencement of the subsection.
             (2)    In this clause:
                    amending Act means the Victims Rights and Support Amendment (Motor
                    Vehicles) Act 2018.




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