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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Victims of Crime (Compensation) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Victims
of Crime Act 2001
.
Contents
Part 2—Amendment of Victims of Crime
Act 2001
4Amendment of section
3—Objects
5Amendment of section
4—Interpretation
6Amendment of section 17—Eligibility to
make claim
7Amendment of section 20—Orders for
compensation
8Amendment of section 25—Legal costs and
disbursements
9Amendment of section 27—Payment of
compensation etc by Attorney-General
10Amendment of section 28—Right of
Attorney-General to recover money paid out from offender etc
11Amendment of section
29—Recovery from claimant
13Amendment of section
37—Regulations
Schedule a1—Compensation amounts for
non-financial loss (section 20(3)(a))
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Victims of Crime (Compensation) Amendment
Act 2015.
(1) Subject to
subsection (2)
, this Act will be taken to have come into operation on
1 July 2015.
(2)
Section 11
will come into operation on the day on which this Act is assented to by
the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Victims of Crime
Act 2001
4—Amendment
of section 3—Objects
Section 3(d)—delete paragraph (d) and substitute:
(d) to provide a limited statutory scheme of compensation to victims most
directly affected by criminal offending as an acknowledgement of the harm that
they suffer from criminal offending.
5—Amendment
of section 4—Interpretation
(1) Section 4—after the definition of court
insert:
CPI means the Consumer Price Index (All groups index for
Adelaide) published by the Australian Bureau of Statistics;
(2) Section 4—after its present contents (as amended by this section
and now to be designated as subsection (1)) insert:
(2) In this Act, if a monetary amount is followed by the word (indexed),
the amount is (on or after 1 January 2016) to be adjusted on
1 January of each year by multiplying the stated amount by a proportion
obtained by dividing the CPI for the September quarter of the immediately
preceding year by the CPI for the September quarter, 2014, on the basis
that the quotient used for the purposes of the adjustment will be calculated to
2 decimal places and that the amount obtained from the adjustment will be
rounded to the nearest dollar.
6—Amendment
of section 17—Eligibility to make claim
(1) Section 17(2)—after paragraph (a) insert:
(ab) a child of the deceased victim (if the child was under the age
of 18 at the time of the offence); or
(2) Section 17(5)(b)—delete "workers compensation for the same harm
under Division 5 or 6 of Part 4 of the
Workers
Rehabilitation and Compensation Act 1986
" and substitute:
a payment or damages in respect of death or non-economic loss for the same
harm under the
Return
to Work Act 2014
(3) Section 17(6)—delete subsection (6) and substitute:
(6) If—
(a) a payment or damages under the
Return
to Work Act 2014
; and
(b) statutory compensation,
are paid for the same harm, the payment of statutory compensation does not
give rise to a right to recovery under the
Return
to Work Act 2014
.
Note—
Note that this provision will only apply in the comparatively rare cases
where the entitlement under the
Return
to Work Act 2014
does not operate to the exclusion of a right to statutory compensation
under subsection (5)(b) above.
7—Amendment
of section 20—Orders for compensation
(1) Section 20(1)(c)—delete "$10 000" and substitute:
$20 000 (indexed)
(2) Section 20(1)(d)(ii)—delete "$7 000" and
substitute:
$14 000 (indexed)
(3) Section 20(3)(a)(ii)—delete "50" and substitute:
60
(4) Section 20(3)(a)(ii)—delete "arrived at by multiplying the
number so assigned by $1 000" and substitute:
the amount determined in accordance with Schedule a1 as corresponding
to the number so assigned
(5) Section 20(3)(a)(iii)—delete "$50 000" wherever occurring
and substitute in each case:
$100 000 (indexed)
(6) Section 20(3)(b)—delete paragraph (b)
(7) Section 20(3)(c)—delete "$50 000" and substitute:
$100 000 (indexed)
8—Amendment
of section 25—Legal costs and disbursements
(1) Section 25(1)(a)—delete "amount allowable under the prescribed
scale (plus GST)" and substitute:
amounts prescribed by regulation in relation to such costs (plus GST) as at
the time of commencement of the proceedings
(2) Section 25(1)(b)—delete "allowable under the prescribed scale
(plus GST)" and substitute:
prescribed by regulation in relation to such costs (plus GST) as at the
time of commencement of the proceedings
(3) Section 25(2)—delete subsection (2) and substitute:
(2) The regulations may make provision in relation to the recovery of
disbursements by a legal practitioner in relation to a claim for statutory
compensation.
(2a) This section does not apply to the Crown.
9—Amendment
of section 27—Payment of compensation etc by
Attorney-General
Section 27(3)(c)(ii)—after "$10 000" insert:
(indexed)
10—Amendment
of section 28—Right of Attorney-General to recover money paid out from
offender etc
Section 28(5)(b)—after "so certified" insert:
(or a lesser amount if the Attorney-General thinks fit)
11—Amendment
of section 29—Recovery from claimant
After subsection (2) insert:
(3) A claimant referred to in subsection (2) must, within
30 days after being paid compensation or damages referred to in
subsection (2)(b), notify the Attorney-General in writing of the payment
(and including any particulars prescribed by the regulations).
Maximum penalty: $1 250.
After section 34 insert:
34A—Disclosure of information
The Crown Solicitor may (despite any other Act or law) disclose to a victim
any information that the Crown Solicitor has relating to the whereabouts of an
offender or any means of contacting an offender, for the purpose of facilitating
the service of documents on the offender by or on behalf of the
victim.
13—Amendment
of section 37—Regulations
Section 37—after its present contents (now to be designated as
subsection (1)) insert:
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(c) be brought into operation on a date specified in the regulations that
is earlier than the date of its publication in the Gazette.
Before Schedule 1 insert:
Schedule a1—Compensation amounts for non-financial
loss (section 20(3)(a))
Numerical value assigned |
Corresponding amount |
1 |
$1 000 (indexed) |
2 |
$2 000 (indexed) |
3 |
$4 000 (indexed) |
4 |
$5 000 (indexed) |
5 |
$6 000 (indexed) |
6 |
$7 000 (indexed) |
7 |
$8 000 (indexed) |
8 |
$9 000 (indexed) |
9 |
$10 000 (indexed) |
10 |
$11 000 (indexed) |
11 |
$12 000 (indexed) |
12 |
$13 000 (indexed) |
13 |
$14 000 (indexed) |
14 |
$15 000 (indexed) |
15 |
$16 000 (indexed) |
16 |
$17 000 (indexed) |
17 |
$18 000 (indexed) |
18 |
$19 000 (indexed) |
19 |
$20 000 (indexed) |
20 |
$21 000 (indexed) |
21 |
$22 000 (indexed) |
22 |
$23 000 (indexed) |
23 |
$24 000 (indexed) |
24 |
$25 000 (indexed) |
25 |
$26 000 (indexed) |
26 |
$27 000 (indexed) |
27 |
$28 000 (indexed) |
28 |
$29 000 (indexed) |
29 |
$30 000 (indexed) |
30 |
$31 000 (indexed) |
31 |
$32 867 (indexed) |
32 |
$34 733 (indexed) |
33 |
$36 600 (indexed) |
34 |
$38 467 (indexed) |
35 |
$40 333 (indexed) |
36 |
$42 200 (indexed) |
37 |
$44 067 (indexed) |
38 |
$45 933 (indexed) |
39 |
$47 800 (indexed) |
40 |
$49 667 (indexed) |
41 |
$52 000 (indexed) |
42 |
$54 333 (indexed) |
43 |
$56 667 (indexed) |
44 |
$59 000 (indexed) |
45 |
$61 333 (indexed) |
46 |
$63 667 (indexed) |
47 |
$66 000 (indexed) |
48 |
$68 333 (indexed) |
49 |
$70 667 (indexed) |
50 |
$73 000 (indexed) |
51 |
$75 800 (indexed) |
52 |
$78 600 (indexed) |
53 |
$81 400 (indexed) |
54 |
$84 200 (indexed) |
55 |
$87 000 (indexed) |
56 |
$89 800 (indexed) |
57 |
$92 600 (indexed) |
58 |
$95 400 (indexed) |
59 |
$98 200 (indexed) |
60 |
$100 000 (indexed) |