This legislation has been repealed.
- As at 3 June 2013 - Act 115 of 1996 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1. Name of Act 2. Commencement 3. Objects of Act 4. Dictionary and notes 5. Act of violence PART 2 - APPROVED COUNSELLING SCHEME AND STATUTORY COMPENSATION SCHEME Division 1 - Victims eligible for statutory compensation 6. Persons eligible for statutory compensation 7. Who is a primary victim? 8. Who is a secondary victim? 9. Who is a family victim? Division 2 - Schedule of compensable injuries 10. Prescription of schedule of compensable injuries 11. Compensable injuries described by reference to act of violence 12. Substitution or amendment of schedule 13. Provisions relating to schedule Division 3 - Statutory compensation payable 14. Compensation payable to primary victims other than for expenses reimbursed under section 14A 14A. Victims Assistance Scheme 15. Compensation payable to secondary victims 16. Compensation payable to family victims 17. Compensation for compensable injuries 18. Compensation for financial loss 19. Maximum amount of compensation 19A. Deduction from certain awards 20. Threshold amount of compensation Division 3A - Approved counselling scheme 21. Special payments for approved counselling services 21A. Approved counselling services Division 4 - Persons not eligible for statutory compensation 22. Secondary or family victims 23. Eligibility to receive compensation in respect of same act of violence 23A. Claim may not be made for acts of violence occurring before successful claim lodged 24. Other persons not eligible to receive compensation Division 5 - Applications for statutory compensation 25. Lodging of applications 26. Time for lodging applications 26A. Withdrawal of application 26B. Lapsing of application if no contact 27. Consideration of applications by compensation assessors 28. Medical examinations 29. Determination of applications 30. Reasons for not making award or for reducing amount of compensation payable 31. Determination for restitution may be set off against award of compensation 32. Persons to whom compensation may be made payable 33. Interim awards of compensation 33A. Reimbursement of persons who incur funeral expenses 34. Compensation may be awarded subject to conditions 35. Costs of applications for compensation and proceedings before Tribunal Division 6 - Reviews by Director and appeals and references to Tribunal and District Court 35A. Review of amount awarded as Victims Assistance 36. Appeal to Tribunal by applicant 37. Reference of application to Tribunal by assessor or by Chairperson of Tribunal 38. Determination by Tribunal of appeals and references 39. Appeals to the District Court on questions of law 40. Payment of compensation suspended pending appeal to Tribunal or District Court 41. Compensation Fund Corporation respondent to appeals Division 7 - Payment of compensation 42. Compensation Fund Corporation to pay compensation 43. Effect of award on subsequent civil proceedings 44. Recovery from fraudulent claimants Division 8 - Recovery of compensation from offenders 45. Definitions 46. Director may make provisional order for restitution by offender 46A. Director may make provisional order for restitution by other person 47. Notice of objection by defendant 48. Confirmation by Tribunal of provisional order for restitution if defendant does not object to order 49. Hearing by Tribunal to confirm provisional order for restitution if defendant objects to order 50. Arrangement between Director and defendant as to payment under order for restitution 51. Provisions relating to orders for restitution 52. Procedural and evidentiary provisions relating to recovery proceedings 53. Orders for restitution to be subject to appeals against relevant awards of statutory compensation 54. Order for restitution to be a judgment enforceable by Tribunal 55. Appeals against orders for restitution 56. Orders for restitution may be set aside 57. Effect of order for restitution on subsequent civil proceedings 58. Access to information about whereabouts of defendant 58A. Charge on property subject to restitution orders 58B. Cancellation of charges Division 9 - Restraining orders and orders relating to the disposition of property by offenders 58C. Application of Division 58D. Nature of restraining order 58E. Application for restraining order 58F. Making of restraining order 58G. Undertakings 58H. Ancillary orders 58I. Registration of restraining orders and lodging of caveats 58J. Court may revoke restraining order 58K. Time when restraining order ceases to be in force 58L. Avoidance of liabilities 58M. Orders setting aside dispositions of property PART 3 - ADMINISTRATION Division 1 - Victims Compensation Tribunal 59. Constitution of Tribunal 60. Jurisdiction and functions of the Tribunal 61. Authorised Magistrates 62. Single member to exercise the jurisdiction and functions of the Tribunal Division 2 - Director, assessors and other staff 63. Director, Registrar of Tribunal and other staff 64. Compensation assessors 65. Guidelines and arrangements relating to compensation assessors 65A. Inquiries and investigations Division 3 - Victims Compensation Fund Corporation 66. Victims Compensation Fund Corporation Division 4 - Victims Compensation Fund 67. Victims Compensation Fund 68. Payments into Compensation Fund 69. Payments from Compensation Fund PART 4 - COMPENSATION AWARDED BY COURT Division 1 - Compensation for injury 70. Definitions 71. Directions for compensation 72. Restrictions on court's power to give directions for compensation 73. Factors to be taken into consideration 74. Payment of sum directed 75. Enforcement of directions for compensation 76. Effect of directions for compensation on subsequent civil proceedings 77. Directions for compensation not appealable on certain grounds Division 2 - Compensation for loss 77A. Definitions 77B. Directions for compensation 77C. Restrictions on court's power to give directions for compensation 77D. Factors to be taken into consideration 77E. Payment of sum directed 77F. Enforcement of directions for compensation 77G. Effect of directions for compensation on subsequent civil proceedings 77H. Directions for compensation not appealable on certain grounds PART 5 - COMPENSATION LEVIES 78. Application of Part 79. Imposition of compensation levy 80. CPI adjustments of compensation levy 81. Effect of appeal proceedings PART 6 - MISCELLANEOUS 82. Act binds Crown 83. Reports by Tribunal 84. Inadmissibility and use of certain evidence in subsequent criminal proceedings 85. Limitation of liability 86. Proceedings for offences 87. Rules 88. Regulations 89. Savings, transitional and other provisions 90. Repeal of Victims Compensation Act 1987 No 237 91. (Repealed) 92. Review of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Schedule 4 (Repealed) SCHEDULE 99 Dictionary