VICTIMS OF CRIME ASSISTANCE AMENDMENT BILL 2023

A Bill for an Act to amend the Victims of Crime Assistance Act 2006 and for related purposes

19 Effect of death on applications and entitlement to financial assistance
25A Withdrawal of application

25B Meaning of interim payment
29A Meaning of award
31 No time limit for lodging application
Division 5A Funeral expense assistance

Division 5B Closure of financial assistance application if applicant uncontactable

58 Recovery by set-off
Division 4 Victims of Crime Assistance Amendment Act 2023

An Act to amend the Victims of Crime Assistance Act 2006 and for related purposes

This Act may be cited as the Victims of Crime Assistance Amendment Act 2023.

(1) Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice.

(2) If a provision of this Act does not commence before 16 October 2025, it commences on that day.

(ab) to provide financial assistance for the cost of funerals of victims of violent acts; and

who have committed violent acts resulting in payments of financial assistance to their victims and others; and

(1) Section 4, definitions applicant, assessor, award, immediate payment and Tribunal

(a) in relation to an application for an interim payment, award or increased award – the eligible victim by or for whom the application is made; or

(b) in relation to an application for funeral expense assistance – the individual who makes the application.

assessor, of an application for an award or increased award, means the assessor for the financial assistance scheme who is deciding the application.

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

interim payment of financial assistance for the financial loss mentioned in subsection (3)(b) to (d) if the family victim is in circumstances of hardship.

(1) Despite any law to the contrary, if a person who is eligible for or entitled to receive financial assistance dies, the person's eligibility for or entitlement to receive the assistance does not survive for the benefit of the person's estate.

(2) Subsection (1) does not prevent any other person from applying for counselling or financial assistance as a secondary victim, family victim or related victim of a violent act.

(3) If an applicant for financial assistance dies before the application is decided, the application lapses.

(4) If a person is entitled to receive financial assistance but dies before the assistance is paid, the assistance is taken to never have been approved or awarded and the person's application for the assistance lapses.

(1) A person is an assessor for the financial assistance scheme while the person is, under section 8(4)(b) of the Law Officers Act 1978, authorised to act in the name of the Solicitor for the Northern Territory generally.

(2) Subject to subsection (3), the Minister may appoint a person, including the Director, to be an assessor for the financial assistance scheme.

(3) A person cannot be appointed under subsection (2) unless the person is a lawyer.

An applicant for financial assistance may, by notice to the Director, withdraw the application at any time before it is decided.

An interim payment is a payment of financial assistance made under this Division to an eligible victim for the victim's financial loss mentioned in section 10(5), 12(6) or 14(2).

(2) Subject to subsection (2A), there is no time limit for making an application under subsection (1).

(2A) If an eligible victim has applied for an award, the victim cannot make an application under subsection (1) after the assessor decides the application for an award.

An award is an award of financial assistance made under Division 4 to an eligible victim for any of the following:

Funeral expense assistance is a payment under this Division made to or for an individual who has incurred the costs of a funeral of a primary victim of a violent act.

(1) Subject to subsection (2), an individual who has incurred or is reasonably likely to incur the costs of a funeral of a primary victim of a violent act who died as a direct result of the act is eligible to apply for funeral expense assistance.

(2) If the individual committed the violent act, the individual is not eligible to apply for funeral expense assistance.

(3) An individual who is eligible to apply, may apply to the Director for funeral expense assistance.

(4) An individual may apply under subsection (3) for more than one payment of funeral expense assistance in relation to a single primary victim's funeral if the total of the payments does not exceed the maximum amount mentioned in section 47D.

(1) Subject to subsection (2), an application under section 47B must be made within 2 years after the death of the primary victim in relation to whose funeral the application is made.

(2) The Director may accept an application under section 47B after the expiry of the period mentioned in subsection (1) if the Director considers the circumstances justify it.

The maximum amount of funeral expense assistance payable in relation to a primary victim's funeral is the lesser of the following amounts:

(a) the amount equal to the costs that the Director considers the applicant reasonably incurred, or will reasonably incur, for the funeral less any amounts that are paid by an organisation to or for the applicant in relation to the funeral including a payment made under an insurance policy;

(1) Subject to section 47J and subsection (2), after considering an application under section 47B, the Director must:

(a) decide whether to approve the payment of funeral expense assistance or refuse to do so; and

(ii) whether any of the assistance is to be paid to a person other than the applicant.

(2) The Director must not approve the payment of funeral expense assistance unless the Director is satisfied that:

(a) the applicant is entitled, under section 47B, to apply for funeral expense assistance; and

(3) To avoid doubt, the Director may decide that funeral expense assistance is payable even if:

(a) no person has been charged with or found guilty of the violent act that caused the death of the primary victim; or

(b) a person has been charged with or found guilty of a different violent act than is described in the application.

(4) The Director must give written notice of the decision to the applicant that includes the following information:

(b) the fact that the applicant has a right to have the decision reviewed by NTCAT.

As soon as practicable, but no later than 28 days after the Director decides to pay funeral expense assistance, the Territory must pay the amount specified in the notice given to the applicant under section 47E(4) in accordance with the notice.

(1) The Director may decide to require an individual to refund an amount of funeral expense assistance to the Territory if satisfied that:

(a) the individual has received funeral expense assistance to which the individual was not entitled; or

(b) an amount has been paid by an organisation to or for the individual in relation to the funeral for which the funeral expense assistance was paid, including a payment made under an insurance policy.

(2) The Director must give written notice of the decision to the individual that includes the following information:

(c) the time in which the individual must refund the amount, which must be at least 28 days after receipt of the notice by the individual;

(d) the fact that the individual has a right to have the decision reviewed by NTCAT.

Division 5B Closure of financial assistance application if applicant uncontactable

(1) If a CVSU officer is unable to contact an applicant for financial assistance after making reasonable attempts over a period of at least 3 months, a CVSU officer may send, to the last known address and email address (if applicable) of the applicant, a notice of proposed closure of the application.

(a) a CVSU officer has been unable to contact the applicant for at least 3 months after making reasonable attempts to do so;

(b) the applicant's application will be closed, without further notice, unless the applicant provides updated contact details to a CVSU officer within 30 days after the date of the notice;

(i) it will be reopened if the applicant requests that it be reopened within 6 months of the date on which it was closed; or

CVSU officer, see section 4 of the Victims of Crime Rights and Services Act 2006.

(1) Subsection (2) applies in relation to an application for financial assistance if the applicant:

(2) On the expiry of the period specified in the notice, the assessor or the Director, as the case requires, is taken to have closed the application without deciding it.

The Director must reopen an application that has been closed under section 47J if, within 6 months of the date of the closure, the applicant requests the Director to reopen it.

(1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in Schedule 1.

(2) An affected person, for a reviewable decision, is a person specified in Schedule 1 for the reviewable decision.

(3) An affected person for a reviewable decision may apply to NTCAT for review of the decision.

The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews.

(ii) to or for an individual who has incurred the costs of a funeral of a primary victim of a violent act; and

(b) one or more offenders are found guilty of an offence that resulted in the payment.

(2) Subject to subsections (4) and (5), the Director may give a notice (a debt recovery notice) to the offender or offenders requiring payment of a specified amount (the debt amount).

(3) The debt amount must be an amount that is equal to or less than the total amount of financial assistance paid by the Territory.

(4) The debt recovery notice cannot be given to an offender more than 3 years after the last to occur of the following:

(b) the offender being found guilty of an offence that resulted in the payment of the financial assistance.

(5) The debt recovery notice cannot be given to an offender against whom the Territory has commenced a proceeding in the Court under section 56 for recovery of the financial assistance.

(b) the amount of financial assistance paid by the Territory and the date or dates on which the assistance was paid;

(c) details of the violent act that constituted the offence committed by the offender or offenders that resulted in the financial assistance being paid;

(e) if the notice is directed to more than one offender – that each of the offenders is jointly and severally liable for payment of the debt amount;

(f) the date by which the offender or offenders must pay the debt amount, which must be at least 28 days after the date of the notice;

(g) that the offender may object to the notice by lodging a written objection with NTCAT;

(h) any other information prescribed by regulation or that the Director considers should be included.

(a) served on the offender in a way mentioned in section 25 of the Interpretation Act 1978; or

(b) given to the offender by means of electronic communication as defined in section 5 of the Electronic Transactions (Northern Territory) Act 2000.

(1) An offender who receives a debt recovery notice may object to the notice by making an application to NTCAT on one or both of the following grounds:

(a) the victim contributed to the injury or death for which the financial assistance sought to be recovered was paid;

(ii) if NTCAT extends the period for lodgement under subsection (3) – within the extended period.

(3) If an offender has a reasonable excuse for not being able to lodge an objection within 28 days after the date of the debt recovery notice, NTCAT may extend the period for lodgement.

(4) The objection must specify fully and in detail the facts relied on by the offender.

(2) NTCAT must give the offender who lodged the objection written notice of the decision including the reasons for it.

(3) An application for an internal review under section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 cannot be made in relation to a decision of NTCAT on an objection.

(1) An offender who receives a debt recovery notice must pay the debt amount by the date or within the period specified in the notice.

(2) For subsection (1), if the debt recovery notice is directed to more than one offender, each of the offenders is jointly and severally liable to pay to the Territory the debt amount specified in the notice.

(3) Despite subsections (1) and (2), if an offender objects to a debt recovery notice under section 55D:

(a) the requirement for the offender, and any other offender to whom the notice is directed, to pay the debt amount specified in the notice is suspended pending NTCAT's decision on the objection; and

(i) the suspension of the requirement to pay the debt amount ceases on the date of the decision; and

(ii) the due date for payment of the debt amount is extended by the period of the suspension unless NTCAT orders otherwise.

(4) Despite subsection (3)(b), if an offender lodges an appeal against NTCAT's decision under section 141 of the Northern Territory Civil and Administrative Tribunal Act 2014:

(a) the requirement for the offender, and any other offender to whom the debt recovery notice (as confirmed or varied by NTCAT) is directed, to pay the debt amount specified in the notice is suspended pending a decision on the appeal; and

(b) if, on appeal, the Supreme Court or NTCAT decides to confirm or vary the notice:

(i) the suspension of the requirement to pay the debt amount ceases on the date of the decision; and

(ii) the due date for payment of the debt amount is extended by the period of the suspension unless the Supreme Court or NTCAT orders otherwise.

(1) If a person who is required to pay an amount under section 55F fails to pay the amount, or pays only a part of the amount, by the due date, the Director may refer the outstanding amount to the Fines Recovery Unit.

(2) Enforcement action for recovery of the outstanding amount may be taken by the Fines Recovery Unit under the Fines and Penalties (Recovery) Act 2001 as if the outstanding amount were an outstanding fine imposed by a court.

Fines Recovery Unit, see section 5 of the Fines and Penalties (Recovery) Act 2001.

(1) Subsection (2) applies to the Territory if it has paid financial assistance:

(b) to or for an individual who has incurred the costs of a funeral of a primary victim of a violent act.

(2) The Territory may commence a proceeding in the Court for recovery of an equal or lesser amount of money from an offender who:

(b) is alleged to have committed an offence that resulted in the payment but who has not been charged with or found guilty of the offence.

A party to a proceeding under this Division is not entitled to appeal to the Supreme Court against any order of the Court.

(1) Subsection (2) applies in relation to an amount that is payable under section 55F or that the Court, under section 56, orders that the Territory may recover from an offender.

(2) The Territory is entitled to recover all or part of the amount by set-off if, under the financial assistance scheme, financial assistance is payable to the offender.

18 Section 64 amended (Inadmissibility of certain information in proceedings)

A reference to an interim payment is taken to include a reference to an immediate payment as defined in section 4 immediately before the commencement.

Part 4, as amended by the amending Act, applies in relation to an application for financial assistance that was made, but had not been decided, before the commencement.

To avoid doubt, an application for funeral expense assistance may be made in relation to costs incurred before the commencement, unless an application for financial assistance has been made and decided before the commencement in relation to the same costs.

(a) in relation to financial assistance that was paid to a victim of a violent act before the commencement; or

(b) to an offender who, before the commencement, was found guilty of an offence that resulted in the payment of the financial assistance specified in the notice.

Item	Reviewable decision	Affected person
1	A decision of an assessor under section 34 on an application for an award	The applicant
2	A decision of an assessor under section 46(4) on an application for an increased award	The applicant
3	A decision of an assessor under section 47(1) to require a person to refund an amount	The person required to refund the amount
4	A decision of the Director under section 47E on an application for funeral expense assistance	The applicant
5	A decision of the Director under section 47G(1) to require an individual to refund an amount of funeral expense assistance	The individual

Part 3 Consequential amendment of Personal Injuries (Liabilities And Damages) Act 2003
21 Section 32G amended (Public entity defendant may withhold damages for specified payments)

(a) an amount the offender is required to pay under section 55F of the Victims of Crime Assistance Act 2006 or an order made under section 56 of that Act;

Provision	Amendment
	omit	insert
section 5(1)	violent act	*violent act*
section 10(2)	immediate	interim
section 10, note 1	immediate	interim
section 12(2)	immediate	interim
section 12(5)	whole subsection
section 12, note 1	immediate	interim
sections 17(1) to (3) and 18(1) to (3)	financial assistance	an interim payment or award
section 25, heading	for financial assistance
section 25(1)	financial assistance all words after "violent"	an interim payment or award act.
section 25(3) and (4)	immediate (all references)	interim
section 25(5)	financial assistance (including by an increased award)	an interim payment, award or increased award
section 27, heading	immediate	interim
section 27(1)	As	Subject to section 47J, as
sections 27(1), (2), (6)(a) and (b), 28(2) and 29	immediate	interim
section 29	financial assistance as	amount
Part 4, Division 3 heading	of financial assistance
section 30	award of financial assistance.	award.
section 32(1)(i)	immediate payment of financial assistance;	interim payment;
Part 4, Division 4 heading	of financial assistance
section 34(1)	The assessor must decide an application,	Subject to section 47J, the assessor must decide an application for an award,
section 37(1)	for	of
section 38(1)	is $40 000,	under this Division is $40 000 less any amount paid as an interim payment,
section 38(2)	immediate	interim
section 39(1)	is $40 000	under this Division is $40 000 less any amounts paid as interim payments
section 39(2)	immediate	interim
section 40(1)	is $40 000	under this Division is $40 000 less any amounts paid as interim payments
section 40(2)	immediate	interim
section 40(3)	whole subsection
section 42(2)(a)	immediate	interim
section 44(2)(f) and (4)(c)	the Tribunal	NTCAT
section 44(4)(b)	immediate	interim
Part 4, Division 5, heading	financial assistance	awards or interim payments
section 45, heading	financial assistance	award
section 45	financial assistance as	amount
section 46, heading	financial assistance	award
section 46(4), after "Director,"		subject to section 47J,
section 46(7)(c)	the Tribunal	NTCAT
section 46(10)	financial assistance as	amount
section 47, heading	financial assistance	award or interim payment
section 47(1)(a)	immediate	interim
sections 47(2)(d) and 55(3)(b)	the Tribunal	NTCAT
section 72	the Schedule	Schedule 2
Schedule, heading, after "Schedule"		2

Northern Territory Bills

VICTIMS OF CRIME ASSISTANCE AMENDMENT BILL 2023