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VICTIMS OF CRIME ASSISTANCE ACT 2009
- As at 1 February 2024
- 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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 - FUNERAL EXPENSE ASSISTANCE
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. (Expired)
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
CHAPTER 9 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023
220. Application of s 5 and ch 3
CHAPTER 10 - TRANSITIONAL PROVISIONS FOR VICTIMS OF CRIME ASSISTANCE AND OTHER LEGISLATION AMENDMENT ACT 2023
221. Definition for chapter
222. Existing applications for assistance
223. Recovering assistance from offender
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
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