Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SCHEDULE 3

SCHEDULE 3 – Dictionary

"act of violence" see section 25 .

"administrator" , for a person with impaired capacity, means an administrator appointed for the person under the Guardianship and Administration Act 2000 .

"amendment notice" , for chapter 3 , part 15 , division 2 , see section 106A (2) .

"appeal" includes an application for leave to appeal.

"applicant" , for chapter 3 , means a person who has applied for financial assistance under the scheme.

"appropriately qualified" ...

"approved carer" , of a child, means—

(a) an approved foster carer under the Child Protection Act 1999 , schedule 3 , in whose care the child is placed under section 82 of that Act; or

(b) an approved kinship carer of the child under the Child Protection Act 1999 , schedule 3 .

(a) a person who is entirely or substantially dependant on the person’s income; or

(b) if the person has died as a result of an act of violence or crime—

(i) a person who was entirely or substantially dependant on the person’s income when the person died; or

(ii) a person who would have been entirely or substantially dependant on the person’s income if the person had not died, including a child of the person who is born after the person’s death.

(a) mediation under the Dispute Resolution Centres Act 1990 , part 4 ; or

(b) the restorative justice process under the Youth Justice Act 1992 , part 3 .

(a) the person’s spouse; or

(b) the person’s child; or

(c) the person’s parent or step-parent; or

(d) the person’s brother, sister, stepbrother or stepsister; or

(e) a person who, under Aboriginal tradition or Island custom is regarded as a person mentioned in paragraph (a) , (b) , (c) or (d) .

(a) generally, means a government assessor appointed under section 128 ; and

(b) for chapter 3 , in relation to an application for financial assistance under the scheme—see section 30 .

Note—

See also section 127 (7) .

(a) a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in any of the following—

(i) the chiropractic profession;

(ii) the dental profession as any of the following—

(A) dental therapist;

(B) dental hygienist;

(C) oral health therapist;

(D) dentist;

(iii) the medical profession;

(iv) the occupational therapy profession;

(v) the optometry profession;

(vi) the osteopathy profession;

(vii) the physiotherapy profession;

(viii) the podiatry profession;

(ix) the psychology profession; or

(b) a person who is eligible for practising membership of The Speech Pathology Association of Australia Limited ACN 008 393 440.

(a) if the travel is for obtaining counselling services or medical treatment for the injury and—

(i) the distance reasonably travelled from the person’s place of residence or place of work to the other place, or vice versa, is at least 20km, and the counselling services or medical treatment is not reasonably available nearer than the other place; or

(ii) the total distance reasonably travelled between the person’s place of residence or place of work and the other place (in either direction) during a period of 7 consecutive days is 150km, and the counselling services or medical treatment is not reasonably available nearer than the other place; or

(b) if the travel is for undergoing an examination under section 73 and the distance reasonably travelled from the person’s place of residence or place of work to the other place, or vice versa, is at least 20km.

(a) for chapter 3 —see section 27 ; or

(b) for chapter 6 , part 2 —see section 150 .

(a) that the person has a right to have the decision reviewed by the scheme manager under section 124 ;

(b) how, and the period within which, the person may apply for the review.

(a) interest on the amounts; and

(b) disbursements other than for obtaining a report from a counsellor or health practitioner; and

(c) interest on disbursements other than disbursements for obtaining a report from a counsellor or health practitioner.

(a) treatment by a health practitioner; and

(b) treatment received in a hospital.

(a) the chief executive; or

(b) the scheme manager; or

(c) a government assessor; or

(d) a departmental employee performing a function or exercising a power under chapter 3 ; or

(e) the victim services coordinator; or

(f) a person acting under the authority or direction of the chief executive.

1
"Parent" , of a child, includes—

(a) a step-parent of the child; or

(b) an approved carer of the child; or

(c) a person in whose favour a parenting order is in force under the Family Law Act 1975 (Cwlth) ; or

(d) a person who otherwise has the right and responsibility to make decisions about the child’s daily care.

2 However, a person standing in the place of a parent of a child on a temporary basis, or a person granted a temporary order in relation to a child, is not a parent of the child.

3 Also, parent of a child does not include the chief executive (child protection).

Note—

However, see section 51 (3) for who is the parent of a child for making an application for financial assistance under the scheme for the child.

(a) the office of the director of public prosecutions; or

(b) the police service; or

(c) an entity authorised to bring proceedings for an offence against an Act.

(a) the director of public prosecutions; or

(b) a person prosecuting the offence on behalf of the director of public prosecutions; or

(c) a police prosecutor prosecuting the offence.

(a) means any payment made or to be made to a person in relation to the act of violence whether as damages, compensation, restitution, financial assistance, rebate, superannuation benefit, payment of an insurance claim, or otherwise; and

(b) includes an amount paid or payable in relation to the act of violence under—

(i) the Motor Accident Insurance Act 1994 ; or

(ii) the Police Service Administration Act 1990 , section 10 .8; or

(iii) the Workers’ Compensation Act ; or

(iv) a scheme or arrangement under another Act or law, including an Act that has been repealed and a law of the Commonwealth, another State or a foreign country; or

(v) the Corrective Services Act 2006 , chapter 6 , part 12B ; or

(vi) the Health Insurance Act 1973 (Cwlth) , part 2 ; or

(vii) a superannuation scheme; or

(viii) an insurance policy, including, for example, life insurance and private health insurance; or

(ix) an agreement reached following mediation under the Dispute Resolution Centres Act 1990 between a person who allegedly committed a relevant offence for an act of violence and a victim of the act; and

(c) also includes an amount paid or payable under the NIISQ Act, for a person’s treatment, care or support needs resulting from the act of violence—

(i) that is funded under the scheme; or

(ii) for an expense incurred for the person’s treatment, care or support; but

(d) does not include a redress payment under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) paid or payable in relation to the act of violence.

1 The
"relevant person" for giving consent in relation to an applicant for financial assistance under the scheme is—

(a) generally—the applicant; or

(b) for a child, if the application was made under section 51 (2) (a) or (c) —the child’s parent; or

(c) for an adult with impaired capacity for giving the consent—

(i) if the adult has a guardian—the guardian; or

(ii) if the adult does not have a guardian but has an administrator—the administrator; or

(iii) if the adult does not have a guardian or an administrator—an attorney appointed by the adult under an enduring power of attorney; or

(iv) if the adult does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney—a member of the adult’s support network.

2 For paragraph 1(b)—

(a) if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999 —the reference to the child’s parent in the paragraph is taken to be a reference to that person; and

(b) if a person has the right and responsibility to make decisions about a child’s daily care under a decision or order of a federal court or a court of a State, other than a temporary order—the reference to the child’s parent in the paragraph is taken to be a reference to that person.

(a) generally, means the manager of victims assistance appointed under section 127 ; or

(b) for chapter 3 , part 15 , division 2 , see section 106 .

(a) rape;

(b) assault with intent to commit rape;

(c) an offence against the Criminal Code , section 352 .

(a) a temporary assessment order or a court assessment order under the Child Protection Act 1999 ; or

(b) an order of a court of another State that is of similar nature to an order mentioned in paragraph (a) .

(a) generally—see section 5 ; or

(b) for chapter 3 —means a primary victim, secondary victim or related victim of an act of violence.