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VICTIMS OF CRIME ASSISTANCE ACT 2009

- As at 28 September 2018
- Act 35 of 2009

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purposes of Act
   4.      Definitions

CHAPTER 2 - CHARTER OF VICTIMS’ RIGHTS

   5.      Meaning of victim
   6.      Meaning of crime for chapter
   6A.     Meaning of prescribed person
   6B.     Charter of victims’ rights
   6C.     Purposes of victims charter
   7.      Victims charter does not give legal rights or affect legal rights or obligations
   8.      (Repealed)
   9.      (Repealed)
   10.     (Repealed)
   11.     (Repealed)
   12.     (Repealed)
   13.     (Repealed)
   14.     (Repealed)
   15.     (Repealed)
   15A.    (Repealed)
   15B.    (Repealed)
   16.     (Repealed)
   17.     (Repealed)
   18.     Conduct to be consistent with victims’ rights
   19.     Victim may make complaint
   20.     Dealing with complaint—government entity or non-government entity
   20A.    Dealing with complaint—victim services coordinator

CHAPTER 3 - VICTIMS FINANCIAL ASSISTANCE SCHEME

   PART 1 - GENERAL

   21.     Scheme for financial assistance
   22.     Other rights etc. not affected
   23.     Assistance for victim available only in 1 capacity
   24.     Effect of death on eligibility for assistance

   PART 2 - BASIC CONCEPTS

   25.     Meaning of act of violence
   25A.    Meaning of crime
   25B.    Meaning of series of related crimes and series of related acts of domestic violence
   26.     Who is a primary, secondary, parent secondary, witness secondary or related victim
   27.     Meaning of injury
   28.     When exceptional circumstances exist
   29.     When person incurs expenses
   30.     References to government assessor

   PART 3 - RELATIONSHIP WITH WORKERS’ COMPENSATION

   31.     Application of pt 3
   32.     Relationship generally
   33.     When a person’s workers’ compensation application is finally dealt with
   34.     Generally workers’ compensation application finally dealt with before victim assistance application
   35.     (Repealed)
   36.     (Repealed)

   PART 3A - RELATIONSHIP WITH MOTOR ACCIDENT INSURANCE ACT 1994

   36A.    Application of part
   36B.    Making of victim assistance application not affected by motor accident claim
   36C.    When motor accident claim is finally dealt with
   36D.    Requirement to defer decision—motor accident claim not made
   36E.    Requirement to defer decision—motor accident claim made but not finally dealt with
   36F.    Decision about assistance for counselling expenses

   PART 3B - RELATIONSHIP WITH NATIONAL INJURY INSURANCE SCHEME—MOTOR VEHICLE ACCIDENTS

   36G.    Application of part
   36H.    Making of victim assistance application not affected by application for approval to participate in scheme
   36I.    Deferring decision if NIISQ application not made or not decided
   36J.    Decision about assistance for particular expenses

   PART 4 - PRIMARY VICTIMS

   37.     Eligibility for assistance
   38.     Amount of assistance
   39.     Composition of assistance

   PART 5 - PARENT SECONDARY VICTIMS

   40.     Eligibility for assistance
   41.     Amount of assistance
   42.     Composition of assistance

   PART 6 - WITNESS SECONDARY VICTIMS

   43.     Eligibility for assistance
   44.     Amount of assistance
   45.     Composition of assistance—witness to more serious act of violence
   46.     Composition of assistance—witness to less serious act of violence

   PART 7 - RELATED VICTIMS

   47.     Eligibility for assistance
   48.     Amount of assistance
   49.     Composition of assistance

   PART 8 - PERSON WHO INCURS FUNERAL EXPENSES FOR PRIMARY VICTIM’S FUNERAL

   50.     Eligibility and assistance

   PART 9 - APPLYING FOR VICTIM ASSISTANCE

   51.     Who may apply for victim assistance
   52.     Form of application
   53.     (Repealed)
   54.     Time limit
   55.     Applying for victim assistance and funeral expense assistance together

   PART 10 - APPLYING FOR FUNERAL EXPENSE ASSISTANCE

   56.     Who may apply for funeral expense assistance
   57.     Form of application
   58.     Time limit

   PART 11 - WITHDRAWAL, AMENDMENT OR LAPSE OF APPLICATIONS

   59.     Withdrawal of application
   60.     Amendment of application
   61.     Lapse of application if no contact

   PART 12 - CONSIDERING APPLICATIONS FOR ASSISTANCE

           Division 1 - Considering applications generally

   62.     Choosing government assessor
   63.     General principles
   64.     Further information, document or consent
   65.     Obtaining information about act of violence from police commissioner
   66.     Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence
   67.     Obtaining information about prosecution
   67A.    Obtaining information about act of violence from court
   67B.    Obtaining information about relevant payments from SPER registrar
   68.     Confirming release or discharge date
   69.     Obtaining primary victim’s criminal history from police commissioner

           Division 2 - Additional provisions about considering applications for victim assistance

   70.     Deciding applications for series of related crimes or series of related acts of domestic violence
   71.     (Repealed)
   72.     (Repealed)
   73.     Examinations
   74.     Obtaining medical information from designated person
   75.     Obtaining information about child’s injuries or needs
   76.     Obtaining information about person with impaired capacity
   77.     Obtaining information about relevant payments

           Division 3 - Restrictions on granting assistance

   78.     Grant only if applicant is eligible
   79.     No grant if applicant conspired to commit act of violence
   80.     No grant to particular persons if primary victim’s activities caused act of violence
   81.     No grant if act of violence not reported
   82.     No grant if reasonable assistance not given

           Division 4 - Other general provisions about considering applications

   83.     Dealing with application if applicant has earlier application
   84.     Deferring decision if applicant is detained
   84A.    Deferring decision if cause of death unknown
   84B.    Deferring decision if false or misleading information allegedly provided by applicant
   84C.    Deferring decision if recovery of assistance granted to someone else is disputed

           Division 5 - Working out amount of assistance

   85.     Deciding amount of assistance generally
   86.     Reduction if relevant payment received
   87.     Deferring decision if victim’s conduct may be relevant

   PART 13 - GRANTING OR REFUSING ASSISTANCE

           Division 1 - Deciding application

   88.     Inviting submissions from applicant
   89.     Deciding application
   90.     Notice of decision to grant assistance
   91.     Notice of decision to refuse assistance

           Division 2 - Paying assistance

   92.     Application of div 2
   93.     Paying assistance generally
   94.     Paying assistance to someone else
   95.     Paying assistance if applicant liable to pay amount to State
   96.     Unpaid assistance

   PART 14 - INTERIM ASSISTANCE

   97.     Application of pt 14
   98.     Deciding application for interim assistance
   99.     Steps after application for interim assistance decided
   100.    Effect of decision on general application

   PART 15 - AMENDMENT OF GRANTS

           Division 1 - Amendment on application

   101.    Application for amendment
   102.    Person who is to decide application
   103.    Considering application
   104.    Decision on application
   105.    Steps after application decided

           Division 2 - Amendment without application—uncounted relevant payments

   106.    Definitions for division
           106A . Notice proposing to amend grant of assistance
           106B . Obtaining information from chief executive (transport) for giving amendment notice
           106C . Obtaining information for making decision about uncounted relevant payment
           106D . Decision about receipt of uncounted relevant payment
           106E . Amendment of grant of assistance
           106F . Notice of decision
           106G . Refund of excess assistance

   PART 16 - RECOVERING ASSISTANCE FROM OFFENDER

   107.    Purpose of pt 16
   108.    References to assistance granted for an act of violence
   109.    Recovery available only for assistance that is paid
   110.    Recovery available only after appeal rights exhausted
           110A . Recovery available only if action taken within 6 years
   111.    Recovery limited to category of act of violence for which assistance granted
   112.    Recovery from multiple offenders
   113.    Using information obtained for application
   114.    Obtaining information from court
           114A . Obtaining information from SPER registrar
           114B . Obtaining information from chief executive (transport)
   115.    Notice of intended recovery
   116.    Disputing claim that conviction relates to act of violence
   117.    Offender’s liability to pay generally
   118.    Reduction in offender’s liability to pay if assistance refunded
   119.    Reduction in offender’s liability to pay if amount received under Corrective Services Act 2006
   120.    Registration of unpaid amount under State Penalties Enforcement Act 1999

   PART 17 - EFFECT OF CONVICTION FOR FRAUD OFFENCE RELATING TO APPLICATION

   121.    Application of pt 17
   122.    Lapse of application if not decided
   123.    Refund of paid assistance and unpaid assistance stops being payable

   PART 18 - INTERNAL AND EXTERNAL REVIEW OF DECISION

   124.    Internal review of decision
   125.    External review of reviewed decision
   126.    Effect of reducing amount of assistance

   PART 19 - ADMINISTRATION

   127.    Scheme manager
   128.    Government assessors
   129.    Delegation by scheme manager
   130.    Disclosure of interests

   PART 20 - MISCELLANEOUS

   131.    Guidelines
   132.    Table of costs
   133.    Giving information to corresponding scheme managers
   134.    Arrangement with corresponding scheme managers about giving and receiving information
   135.    Other information-sharing arrangements
   136.    (Repealed)
   137.    Inadmissibility of particular matters

CHAPTER 4 - VICTIM SERVICES COORDINATOR

   138.    Appointment of victim services coordinator
   139.    Functions of victim services coordinator

CHAPTER 5 - MISCELLANEOUS

   140.    Confidentiality
           140A . Disclosure by scheme manager of information for research purposes
   141.    False or misleading information
           141A . Requirement to notify scheme manager about relevant payment
           141B . Requirement to comply with mandatory condition
   142.    Proceedings for offences
   143.    Protection from civil liability
   144.    (Repealed)
   145.    Approved forms
   146.    Regulation-making power
   147.    (Repealed)
   148.    (Repealed)

CHAPTER 6 - REPEAL AND TRANSITIONAL PROVISIONS

   PART 1 - REPEAL PROVISION

   149.    Repeal

   PART 2 - TRANSITIONAL PROVISIONS

           Division 1 - Preliminary

   150.    Definitions for pt 2
   151.    References to person making an application
   152.    Acts Interpretation Act 1954, s 20 not limited
   153.    Application of Act to acts done before commencement

           Division 2 - Applications that could have been made to a court

   154.    Application of div 2
   155.    Person may apply for order under repealed legislation in particular circumstances
   156.    Person may apply for assistance
   157.    Deciding application for assistance etc.
   158.    Recovery of assistance granted

           Division 3 - Applications that could have been made to the State

              Subdivision 1 - Applications by persons other than dependants or family members

   159.    Application of sdiv 1
   160.    Person may apply for assistance
   161.    Deciding application for assistance etc.
   162.    Recovery of assistance granted

              Subdivision 2 - Applications by dependants or family members

   163.    Application of sdiv 2
   164.    Person may apply for assistance
   165.    Deciding application for assistance etc.
   166.    Recovery of assistance granted

           Division 4 - Existing applications

   167.    Existing application for compensation order of court
   168.    Existing application for payment of court ordered compensation by the State
   169.    Existing application for payment of another amount by the State

           Division 5 - Special provisions if series of related offences

   170.    Application of div 5
   171.    Personal offences in the series constitute single act of violence
   172.    Effect of decision under repealed legislation for personal offences in the series
   173.    Effect of application under repealed legislation for personal offences in the series
   174.    Deciding component of assistance after reduction under s 172 or 173

           Division 6 - Special provisions if mixed applications

   175.    Mixed applications by dependants
   176.    Mixed applications by family members

           Division 7 - Extensions of time

              Subdivision 1 - Persons for whom period for applying under repealed Act has expired

   177.    Existing applications for extension under repealed Act
   178.    Particular persons may apply for assistance
   179.    Particular persons may apply for approval to apply for assistance

              Subdivision 2 - Persons for whom period for applying under repealed Criminal Code chapter has expired

   180.    Particular persons may apply for approval to apply for assistance

           Division 8 - Compensation orders

   181.    Application of div 8
   182.    Compensation order continues
   183.    Limitations about applications to State for payment of amount payable under compensation order

           Division 9 - Provisions about amounts paid by State under repealed legislation

              Subdivision 1 - Continuing State’s rights

   184.    State’s rights in relation to amounts paid continue

              Subdivision 2 - Recovering amount from offender

   185.    Purpose and application of sdiv 2
   186.    Definition for sdiv 2
   187.    No recovery if relevant agreement in force
   188.    Recovery limited if amount received as subrogated victim
   189.    Notice of intended recovery
   190.    Disputing amount State may recover
   191.    Offender’s liability to pay
   192.    Dealing with refundable amount if assistance granted to offender
   193.    Registration of unpaid amount under State Penalties Enforcement Act 1999
   194.    Obtaining information from court

           Division 10 - Other transitional provision

   195.    References to repealed Act

CHAPTER 7 - VALIDATION PROVISION FOR HEALTH PRACTITIONER REGISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2013

   196.    Definition health practitioner—retrospective operation and validation

CHAPTER 8 - TRANSITIONAL PROVISIONS FOR VICTIMS OF CRIME ASSISTANCE AND OTHER LEGISLATION AMENDMENT ACT 2017

   PART 1 - PRELIMINARY

   197.    Definitions for chapter

   PART 2 - VICTIMS CHARTER

   198.    Complaints about prescribed persons and victims charter

   PART 3 - FINANCIAL ASSISTANCE

           Division 1 - Basic concepts

   199.    Definition of act of violence

           Division 2 - Relationship with other legislation

   200.    New ch 3, pts 3–3B

           Division 3 - Amount and composition of assistance

   201.    Other expenses
   202.    Pools of assistance
   203.    Amount of funeral expense assistance
   204.    Series of related acts of domestic violence that started before commencement

           Division 4 - Applying for assistance

   205.    Form of applications
   206.    Extension of time for applying for funeral expense assistance

           Division 5 - Considering applications for assistance

   207.    Obtaining information etc.
   208.    Reduction if relevant payment received
   209.    Deferral if victim’s conduct may be relevant

           Division 6 - Deciding applications for assistance

   210.    Inviting submissions from applicant
   211.    Mandatory conditions

           Division 7 - Other provisions about assistance

   212.    Interim assistance
   213.    Amendment of grants
   214.    Amendment of grant without application
   215.    Recovering assistance from offender
   216.    Effect of conviction for fraud etc.
   217.    Review of decisions
   218.    Requirement to notify scheme manager about relevant payment
   219.    Primary victims—special assistance
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3


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