New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

VICTIMS RIGHTS AND SUPPORT ACT 2013


- As at 5 December 2023 
- Act 37 of 2013 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - VICTIMS RIGHTS

           Division 1 - Preliminary

   4.      Object of Part
   5.      Meaning of "victim of crime"

           Division 2 - Charter of Victims Rights

   6.      Charter of rights of victims of crime
   6A.     Additional matters for Charter of victims rights of forensic patients
   7.      Implementation of Charter

   PART 3 - ADMINISTRATION

           Division 1 - Commissioner of Victims Rights

   8.      Commissioner and other staff
   9.      Functions generally of Commissioner
   10.     Functions of Commissioner
   11.     Inquiries and investigations
   12.     Powers of Commissioner to compel production of information
   13.     Report to Parliament

           Division 2 - Victims Support Fund

   14.     Victims Support Fund
   15.     Payments into Fund
   16.     Payments from Fund
   16A.    Arrangements with Commissioner of Fines Administration

   PART 4 - VICTIMS SUPPORT SCHEME

           Division 1 - Preliminary

   17.     Object of Part
   18.     Definitions
   19.     Meaning of "act of violence"
   19A.    Meaning of "act of modern slavery"
   20.     Meaning of "primary victim"
   21.     Meaning of "secondary victim"
   22.     Meaning of "family victim"

           Division 2 - Eligibility for support

   23.     Eligibility for support
   24.     Death of victim
   25.     Persons not eligible for support

           Division 3 - Composition of support

   26.     Composition of support--primary victims
   27.     Composition of support--parent, step-parent or guardian of child primary victim
   28.     Composition of support--secondary victims
   29.     Composition of support--family victims
   30.     Financial assistance
   30A.    Victims support where act is both act of violence and modern slavery

           Division 4 - Approved counselling services

   31.     Approved counselling services
   32.     Authorisation of payments for approved counselling services
   33.     Amount of payments

           Division 5 - Recognition payments

   34.     Definitions
   35.     Categories of recognition payment
   36.     Recognition payments
   37.     Regulations

           Division 6 - Applications for victims support

   38.     Applications for victims support
   39.     Documentary evidence
   40.     Time for making, and duration of, applications
   41.     Withdrawal of application
   41A.    Lapsing of application if evidence to support application not provided
   42.     Consideration of applications
   43.     Determination of applications
   44.     Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment
   45.     Payments may be applied towards liability for restitution under Part 5
   46.     Persons to whom financial support or recognition payment may be made
   47.     Reimbursement of persons who incur funeral and certain other expenses
   48.     Victims support may be approved subject to conditions

           Division 7 - Review of decisions concerning victims support

   49.     Internal review of victims support decisions
   50.     No internal review under Administrative Decisions Review Act 1997
   51.     Application to Tribunal for administrative review of decision concerning recognition payment
   52.     Operation of other Administrative Decisions Review Act 1997 provisions
   53.     Payment of recognition payment suspended pending application to Tribunal

           Division 8 - Victims support payments

   54.     Victims Support Fund to pay victims support
   55.     Effect of approval on subsequent civil proceedings
   56.     Recovery from fraudulent claimants

   PART 5 - RECOVERY OF VICTIMS SUPPORT PAYMENTS FROM OFFENDERS

           Division 1 - Preliminary

   57.     Object of Part
   58.     Definitions

           Division 2 - Restitution by offenders

   59.     Commissioner's discretion to make provisional order for restitution by offender
   60.     Commissioner's discretion to make order for restitution by other person
   61.     Notification of decision
   62.     Objection to order
   63.     Confirmation by Commissioner of order if no objection
   64.     Powers of Commissioner on objection
   65.     Notice of determination of objection
   66.     Administrative reviews by Tribunal
   67.     Powers of Tribunal on administrative review
   68.     Arrangements for reduction of amount payable
   69.     Provisions relating to orders for restitution confirmed by Tribunal
   70.     Amount payable
   70A.    Effect of confirmation of order and due date for payment
   70B.    Debt notice to be served
   71.     Orders for restitution to be subject to administrative review of relevant approvals of victims support
   72.     Enforcement of order for restitution
   73.     Joint and several liability
   74.     Effect of order for restitution on subsequent civil proceedings
   75.     Access to information about whereabouts of defendant
           76, 77. (Repealed)

           Division 3 - Restraining orders and orders relating to the disposition of property by offenders

   78.     Objects
   79.     Application of Division
   80.     Interpretation
   81.     Nature of restraining order
   82.     Application for restraining order
   83.     Making of restraining order
   84.     Undertakings
   85.     Ancillary orders
   86.     Registration of restraining orders and lodging of caveats
   87.     Court may revoke restraining order
   88.     Time when restraining order ceases to be in force
   89.     Avoidance of liabilities
   90.     Orders setting aside dispositions of property

   PART 6 - COMPENSATION AWARDED BY COURT

           Division 1 - Preliminary

   91.     Object of Part
   92.     Definitions

           Division 2 - Compensation for injury

   93.     Definition
   94.     Directions for compensation for injury
   95.     Restrictions on court's power to give directions for compensation for injury

           Division 3 - Compensation for loss

   96.     Definitions
   97.     Directions for compensation for loss
   98.     Restrictions on court's power to give directions for compensation for loss

           Division 4 - General

   99.     Factors to be taken into consideration
   100.    Payment of sum directed
   101.    Enforcement of directions for compensation
   102.    Effect of directions for compensation on subsequent civil proceedings
   103.    Directions for compensation not appealable on certain grounds

   PART 7 - VICTIMS SUPPORT LEVIES

   104.    Object of Part
   105.    Application of Part
   106.    Imposition of victims support levy
   107.    CPI adjustments of victims support levy
   108.    Effect of appeal proceedings

   PART 8 - VICTIMS ADVISORY BOARD

   109.    Establishment of Victims Advisory Board
   110.    Membership and procedure of Victims Advisory Board
   111.    Functions of Victims Advisory Board

   PART 9 - MISCELLANEOUS

   112.    Act to bind Crown
   112A.   Provision of personal information to victims of crime and family victims
   113.    Inadmissibility and use of certain evidence in subsequent legal proceedings
   114.    Personal liability of Commissioner and others
   115.    Proceedings for offences
   116.    Service of documents
   117.    Regulations
   118.    (Repealed)
   119.    Reviews of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 4 (Repealed)


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback