Victims of Crime Assistance and Other Legislation Amendment Bill 2023


Queensland Crest

An Act to amend the Penalties and Sentences Act 1992 and the Victims of Crime Assistance Act 2009 for particular purposes

The Parliament of Queensland enacts—

Part 1 Preliminary

1Short title

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

2Commencement

Parts 2 and 3 commence on a day to be fixed by proclamation.

Part 2 Amendment of Penalties and Sentences Act 1992

3Act amended

This part amends the Penalties and Sentences Act 1992.

4Amendment of s 201 (Appointment of members)

(1)Section 201(1), ‘12’—
omit, insert

14

(2)Section 201
insert
(2A)At least 1 member of the council must be a person who has lived experience as a victim of crime.
(3)Section 201(2A) to (4)—
renumber as section 201(3) to (5).

Part 3 Amendment of Victims of Crime Assistance Act 2009

5Act amended

This part amends the Victims of Crime Assistance Act 2009.

6Amendment of s 38 (Amount of assistance)

Section 38(1), ‘$75,000’—
omit, insert

$120,000

7Amendment of s 41 (Amount of assistance)

Section 41(1), ‘$50,000’—
omit, insert

$75,000

8Amendment of s 44 (Amount of assistance)

(1)Section 44(1)(a), ‘$50,000’—
omit, insert

$75,000

(2)Section 44(1)(b), ‘$10,000’—
omit, insert

$20,000

9Amendment of s 48 (Amount of assistance)

Section 48(1), ‘$50,000’—
omit, insert

$75,000

10Amendment of s 49 (Composition of assistance)

Section 49(f), ‘$10,000’—
omit, insert

$15,000

11Amendment of s 50 (Eligibility and assistance)

Section 50(3) and (4), ‘$8,000’—
omit, insert

$15,000

12Amendment of s 111 (Recovery limited to category of act of violence for which assistance granted)

(1)Section 111(2), example, ‘$10,000’—
omit, insert

$15,000

(2)Section 111(2), example, ‘$3,500’—
omit, insert

$9,000

13Insertion of new ch 10

After chapter 9—
insert

Chapter 10 Transitional provisions for Victims of Crime Assistance and Other Legislation Amendment Act 2023

221Definition for chapter

In this chapter—
amendment Act means the Victims of Crime Assistance and Other Legislation Amendment Act 2023.

222Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under this Act was made but not decided.
(2)This Act, as amended by the amendment Act, applies to the application.

223Recovering assistance from offender

(1)This section applies if—
(a)assistance was paid before the commencement to a person under chapter 3, part 13, division 2 for an act of violence; and
(b)at the commencement the State has not recovered the assistance granted from a person under chapter 3, part 16.
(2)This section also applies if assistance is paid after the commencement to a person under chapter 3, part 13, division 2 for an act of violence.
(3)The unamended Act applies for the recovery of the assistance granted under chapter 3, part 16 if—
(a)the act of violence happened before the commencement; or
(b)the act of violence is made up of a series of related crimes and 1 or more of the crimes happened before the commencement and 1 or more of the crimes happen after the commencement; or
(c)the act of violence is made up of a series of related acts of domestic violence and 1 or more of the acts of domestic violence happened before the commencement and 1 or more of the acts of domestic violence happen after the commencement.
(4)If the act of violence happens after the commencement, this Act, as amended by the amendment Act, applies for the recovery of the assistance granted under chapter 3, part 16.
(5)In this section—
unamended Act means this Act as in force immediately before the commencement.

14Amendment of sch 2 (Amounts and categories for special assistance)

(1)Schedule 2, section 1(3), definition category B circumstances, paragraph (a)(ii) and (b), ‘or a series of related acts of domestic violence’—
omit.
(2)Schedule 2, section 1(3), definition category C circumstances, paragraphs (a) and (b), ‘or a series of related acts of domestic violence’—
omit.
(3)Schedule 2, section 2, table, entry for category A act of violence, column 2, ‘$10,000’—
omit, insert

$15,000

(4)Schedule 2, section 2, table, entry for category B act of violence, column 2, ‘$3,500’—
omit, insert

$9,000

(5)Schedule 2, section 2, table, entry for category C act of violence, column 2, ‘$2,000’—
omit, insert

$6,000

(6)Schedule 2, section 2, table, entry for category D act of violence, column 2, ‘$1,000’—
omit, insert

$3,000

(7)Schedule 2, section 3(2)—
insert
(j)an act of violence that is domestic violence.
(8)Schedule 2, section 3(4)(c)—
omit.

© State of Queensland 2023