Victims of Crime Assistance Act 2009

An Act to declare and implement a charter of rights for certain victims and to provide a scheme to give financial assistance to certain victims

long title amd 2017 No. 8 s 15

1Short title

This Act may be cited as the Victims of Crime Assistance Act 2009.

2Commencement

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

(a)sections 127, 128, 131 and 138;

(b)schedule 3, definitions appropriately qualified, government assessor, scheme manager, the scheme and victims assistance unit.

3Purposes of Act

(1)The purposes of this Act are—

(a)to declare a charter of rights for victims; and

(b)to provide a mechanism for implementing the rights and processes for making complaints about conduct inconsistent with the rights; and

(c)to provide a scheme to give financial assistance to certain victims of acts of violence.

(2)The objectives of the scheme mentioned in subsection (1)(c) are—

(a)to help victims of acts of violence to recover from the acts by giving them financial assistance; and

(b)for primary victims, to give the victims amounts representing a symbolic expression by the State of the community’s recognition of the injuries suffered by them; and

(c)for related victims who have suffered distress, to give the victims amounts representing a symbolic expression by the State of the community’s recognition of the distress suffered by them; and

(d)to add to other services provided by or for government to victims of acts of violence.

(3)However, grants of financial assistance (including special assistance and assistance as mentioned in section 49(f)) to victims of acts of violence under the scheme are not intended to reflect the level of compensation to which victims of acts of violence may be entitled at common law or otherwise.

s 3 amd 2017 No. 8 s 16

4Definitions

The dictionary in schedule 3 defines particular words used in this Act.

ch hdg sub 2017 No. 8 s 17

ch 2 pt 1 hdg om 2017 No. 8 s 18

ch 2 pt 2 hdg om 2017 No. 8 s 22

ch 2 pt 3 hdg om 2017 No. 8 s 23

5Meaning of victim

(1)

A victim is a person who has suffered harm—

(a)because a crime is committed against the person; or

(b)because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or

(c)as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person.

(2)A person who commits a crime against a person as mentioned in subsection (1)(a) is not a victim of the crime under subsection (1)(b) or (c).

(3)For sections 18 to 20 and schedule 1AA, part 1, divisions 1 and 3, victim includes a person, other than a person mentioned in subsection (1), who has suffered harm—

(a)because domestic violence is committed against the person; or

(b)because the person is a family member or dependant of a person mentioned in paragraph (a); or

(c)as a direct result of intervening to help a person mentioned in paragraph (a).

s 5 amd 2017 No. 8 s 19

6Meaning of crime for chapter

(1)In this chapter and schedule 1AA, crime means an act or omission constituting any of the following offences—

(a)an offence against the person of someone;

(b)a domestic violence offence within the meaning of the Criminal Code, section 1;

(c)an offence against the Domestic and Family Violence Protection Act 2012, section 177(2), 178(2) or 179(2);

(d)an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph (a), (b) or (c).

(2)For deciding whether an act or omission constitutes an offence mentioned in subsection (1)(a), (b), (c) or (d)—

(a)any justification, excuse or defence a person may have for doing the act or making the omission is to be disregarded; and

(b)it does not matter whether the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission.

(3)A reference to a justification, excuse or defence in subsection (2)(a) does not include—

(a)a matter mentioned in the Criminal Code, section 31(1)(a) or (b); or

(b)an authorisation to do an act or make an omission that is provided for under an Act.

s 6 sub 2017 No. 8 s 20

6AMeaning of prescribed person

(1)Prescribed person means—

(a)a government entity; or

(b)a non-government entity; or

(c)an officer, member or employee of a government entity or non-government entity.

(2)However, a person is not a prescribed person if, or to the extent, the person is dealing with a victim in the person’s capacity as a legal representative of a person accused of committing a crime or domestic violence against the victim.

s 6A ins 2017 No. 8 s 20

6BCharter of victims’ rights

(1)The Charter of Victims’ Rights (the victims charter) is set out in schedule 1AA.

(2)As far as practicable and appropriate, the victims charter is to govern the conduct of prescribed persons in dealing with victims.

Note—

See also the principles for victims and others under the Mental Health Act 2016, section 6.

s 6B ins 2017 No. 8 s 20

amd 2017 No. 8 s 101 sch 1

6CPurposes of victims charter

The purposes of the victims charter are to—

(a)advance the interests of victims by stating rights that are to be observed by prescribed persons in dealing with victims; and

(b)inform victims of the rights the victims can expect will underlie the conduct of prescribed persons in dealing with the victims.

s 6C ins 2017 No. 8 s 20

7Victims charter does not give legal rights or affect legal rights or obligations

(1)The rights stated in the victims charter—

(a)are not enforceable by criminal or civil redress; and

(b)do not affect the validity, or give grounds for review, of anything done or not done, or a decision made or not made, in contravention of them; and

(c)do not affect the operation of any other law, including, for example—

(i)the Criminal Practice Rules 1999 and the rules of evidence in criminal proceedings; and

(ii)the Criminal Code, chapter 62, chapter division 3; and

(d)do not affect confidentiality obligations applying to a prescribed person.

(2)Subsection (1) does not prevent disciplinary action being taken against a prescribed person who contravenes processes for implementing the rights stated in the victims charter that have been adopted by the government entity or non-government entity responsible for the prescribed person’s conduct.

(3)In this section—

confidentiality obligation means an obligation to maintain confidentiality about particular information under an Act, oath, or rule of law or practice.

criminal or civil redress means a proceeding for the enforcement of a right or obligation, whether the right or obligation is substantive or procedural, direct or indirect.

s 7 amd 2017 No. 8 s 21

18Conduct to be consistent with victims’ rights

(1)This section applies—

(a)if a prescribed person is dealing with a person who the prescribed person is aware, or ought reasonably to be aware, is a victim; and

(b)to the extent the rights stated in the victims charter apply to the prescribed person in dealing with the victim.

(2)The prescribed person must not, in dealing with the victim, engage in conduct that is inconsistent with the rights.

s 18 amd 2017 No. 8 s 25

19Victim may make complaint

(1)This section applies if a victim believes a prescribed person has, in relation to the victim, engaged in conduct that is inconsistent with the rights stated in the victims charter.

(2)The victim may make a complaint about the conduct to—

(a)if the prescribed person is a government entity—the government entity; or

(b)if the prescribed person is a non-government entity—the non-government entity; or

(c)if the prescribed person is an officer, member or employee of a government entity or non-government entity—the government entity or non-government entity concerned; or

(d)the victim services coordinator.

(3)A complaint may be made for the victim by another person acting with the victim’s consent.

s 19 amd 2017 No. 8 s 26

20Dealing with complaint—government entity or non-government entity

(1)This section applies if—

(a)a complaint is made to a government entity or non-government entity (the relevant entity) under section 19(2)(a), (b) or (c); or

(b)the victim services coordinator refers a complaint made under section 19(2)(d) to a government entity or non-government entity (also the relevant entity).

(2)The relevant entity must—

(a)give the victim information about the process that will be used for resolving the complaint; and

(b)take all reasonable steps to resolve the complaint as soon as is reasonably practicable.

(3)Without limiting subsection (2)(b), the relevant entity may comply with the subsection by—

(a)referring the complaint to another entity mentioned in subsection (4) to resolve; and

(b)giving the other entity timely and reasonable assistance to resolve the complaint.

(4)For subsection (3)(a), the other entities are—

(a)for a complaint mentioned in subsection (1)(a)—the victim services coordinator; or

(b)for a government entity—another government entity; or

Example of another government entity—

the ombudsman

(c)for a non-government entity—the government entity that gives the relevant entity funding to provide services to help victims.

s 20 sub 2017 No. 8 s 27

20ADealing with complaint—victim services coordinator

(1)This section applies if a complaint is made to the victim services coordinator under section 19(2)(d).

(2)The victim services coordinator may—

(a)liaise with the relevant entity concerned and facilitate the resolution of the complaint; or

(b)refer the complaint to the relevant entity concerned.

(3)For this section, a complaint concerns a relevant entity if the complaint is about the conduct of—

(a)the relevant entity; or

(b)an officer, member or employee of the relevant entity.

s 20A ins 2017 No. 8 s 27

21Scheme for financial assistance

(1)This chapter establishes a scheme for the payment of financial assistance—

(a)to a victim of an act of violence; or

(b)to a person who incurs, or is reasonably likely to incur, funeral expenses for the death of a primary victim of an act of violence.

(2)This chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if—

(a)the person committed or conspired to commit the act; or

(b)for a person claiming assistance as a primary victim of the act—the person’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the person; or

(c)for a person claiming assistance for the death of a primary victim of the act—the primary victim’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the primary victim, and the person was or should have been aware of the involvement.

(3)Also, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if, in the absence of a reasonable excuse—

(a)the act has not been reported to a person as mentioned in section 81(1)(a); or

(b)for an act that is a crime or a series of related crimes—the person has not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act.

(4)Further, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence to the extent the person has received, or will receive, payment of an amount in relation to the act of violence from another source.

s 21 amd 2017 No. 8 s 28

22Other rights etc. not affected

The granting of financial assistance under the scheme to a person does not limit a right, entitlement or remedy the person has under common law or otherwise.

23Assistance for victim available only in 1 capacity

(1)This section applies if a person is a victim of an act of violence in 2 or more of the following capacities—

(a)primary victim;

(b)parent secondary victim;

(c)witness secondary victim;

(d)related victim.

(2)The person is eligible for victim assistance in relation to the act of violence in only 1 of the capacities.

(3)This section does not prevent a witness secondary victim or related victim of an act of violence also being granted assistance for funeral expenses for the death of a primary victim of the act.

24Effect of death on eligibility for assistance

(1)Despite any other Act or law, if a person entitled to assistance dies, the person’s entitlement to assistance does not survive for the benefit of the person’s estate.

(2)If a person applies for assistance but dies before the application is decided, the application lapses.

(3)If a person is granted assistance but dies before the assistance is paid to the person, the assistance is taken to never have been granted and the person’s application lapses.

25Meaning of act of violence

(1)

An act of violence is a crime or a series of related crimes, whether committed by 1 or more persons, that—

(a)are committed in Queensland; and

(b)directly result in the death of, or injury to, 1 or more persons, irrespective of where the death or injury happened.

Note—

In general terms, it is intended by this section that assistance may be granted to a person in relation to an act of violence even though the person who committed the act has not been, or can not be, found guilty of the relevant prescribed offence because of a justification, excuse or defence.

On the other hand, it is not intended by this section that assistance be payable for an act done or omission made by a person, for example, a police officer, if the act or omission is lawfully done or made in the course of the person performing duties under an Act.

See, however, sections 26(6), 50(2), 79 and 80.

(2)Also, an act of violence is domestic violence, or a series of related acts of domestic violence, that—

(a)is committed in Queensland; and

(b)directly results in the death of, or injury to, 1 or more persons, irrespective of where the death or injury happened; and

(c)is not an act of violence under subsection (1).

(3)In this chapter, a reference to an act of violence in relation to an application for assistance includes a reference to an alleged act of violence.

s 25 sub 2017 No. 8 s 29

25AMeaning of crime

(1)

A crime is an act or omission constituting a prescribed offence—

(a)disregarding any justification, excuse or defence that a person may have for doing the act or making the omission; and

(b)whether or not the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission.

(2)However, a reference to a justification, excuse or defence in subsection (1)(a) does not include—

(a)a matter mentioned in the Criminal Code, section 31(1)(a) or (b); or

(b)an authorisation to do an act or make an omission that is provided for under an Act.

(3)In this section—

prescribed offence means—

(a)an offence committed against the person of someone; or

(b)an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph (a).

s 25A ins 2017 No. 8 s 29

25BMeaning of series of related crimes and series of related acts of domestic violence

(1)

A series of related crimes is 2 or more crimes that are related because the crimes—

(a)are committed against the same person and—

(i)are committed at about the same time; or

(ii)are committed over a period by the same person or group of persons; or

(iii)share another common factor; or

(b)all contribute to the death of or injury to a person; or

(c)having regard to the circumstances of the crimes, are related in some other way.

(2)However, a crime (later crime) is not related to a previous crime (earlier crime) if the later crime is committed after assistance is granted in relation to the earlier crime.

(3)A series of related acts of domestic violence is 2 or more acts or omissions constituting domestic violence that are related because the acts or omissions—

(a)are committed in relation to the same person and—

(i)are committed at about the same time; or

(ii)are committed over a period by the same person; or

(iii)share another common factor; or

(b)all contribute to the death of or injury to a person; or

(c)having regard to the circumstances, are related in some other way.

(4)However, an act or omission constituting domestic violence (later domestic violence) is not related to a previous act or omission constituting domestic violence (earlier domestic violence) if the later domestic violence is committed after assistance is granted in relation to the earlier domestic violence.

(5)To remove any doubt, it is declared that, for this chapter—

(a)a series of related crimes, or a series of related acts of domestic violence, is taken to be a single act of violence; and

(b)assistance may be granted only for the single act of violence.

s 25B ins 2017 No. 8 s 29

26Who is a primary, secondary, parent secondary, witness secondary or related victim

(1)

A primary victim, of an act of violence, is a person who dies or is injured as a direct result of the act being committed against the person.

(2)

A secondary victim, of an act of violence, is a person who is a parent secondary victim or witness secondary victim of the act.

(3)

A parent secondary victim, of an act of violence, is a person who—

(a)is a parent of a child who is injured as a direct result of the act being committed against the child; and

(b)is injured as a direct result of becoming aware of the act.

(4)

A witness secondary victim, of an act of violence, is a person who is injured as a direct result of witnessing the act.

(5)

A related victim, of an act of violence, is a person who is a close family member, or a dependant, of a primary victim of the act who has died as a direct result of the act.

(6)However, a person is not a victim of an act of violence, of a kind mentioned in subsections (1) to (5), if the person committed the act.

(7)In this section—

close family member, of a primary victim of an act of violence who has died as a direct result of the act, means a family member of the primary victim who had a genuine personal relationship with the primary victim when the primary victim died.

27Meaning of injury

(1)In this chapter, injury means—

(a)bodily injury; or

(b)mental illness or disorder; or

(c)intellectual impairment; or

(d)pregnancy; or

(e)disease; or

(f)for a sexual offence or domestic violence, the totality of the following adverse impacts of the sexual offence or domestic violence suffered by a person—

(i)sense of violation;

(ii)reduced self worth or perception;

(iii)lost or reduced physical immunity;

(iv)lost or reduced physical capacity (including the capacity to have children), whether temporary or permanent;

(v)increased fear or increased feelings of insecurity;

(vi)adverse effect of others reacting adversely to the person;

(vii)adverse impact on lawful sexual relations;

(viii)adverse impact on feelings; or

(g)a combination of matters mentioned in paragraphs (a) to (f).

(2)For this chapter, injury also includes an aggravation of an injury mentioned in subsection (1)(a) to (g), if the aggravation arises as a direct result of an act of violence.

(3)To remove any doubt, it is declared that, for this chapter, an aggravation mentioned in subsection (2) is an injury only to the extent of the effects of the aggravation.

s 27 amd 2017 No. 8 s 30

28When exceptional circumstances exist

For this chapter, exceptional circumstances exist for a victim of an act of violence if, because of the victim’s circumstances or the nature of the act, the act has had an unusual, special or out of the ordinary effect on the victim.

Examples of when exceptional circumstances may exist—

1An elderly person who lives alone suffers injury as a direct result of an act of violence committed against the person in the person’s home. Because of the act, the person becomes seriously concerned about the person’s security.

2A person who lives in a remote area suffers injury as a direct result of an act of violence committed against the person by a person who lives in the same area. Because of the remoteness of the area, the person becomes seriously concerned about another act of violence being committed against the person by the same person.

29When person incurs expenses

For this chapter, a person incurs expenses if—

(a)the person pays the expenses; or

(b)someone else pays the expenses on the person’s behalf; or

(c)the person receives an invoice for the payment of the expenses.

Note—

Part 13, division 2 provides for the payment of assistance to a person who is granted assistance, including providing for payments to someone else who has paid expenses on the person’s behalf or who has given the person an invoice for the payment of expenses.

30References to government assessor

In this chapter, a reference to the government assessor in relation to an application for assistance is a reference to the government assessor who, for the time being, is dealing with the application.

Note—

See sections 62, 127(6) and (7) and 130(5).

31Application of pt 3

This part applies if, for an act of violence, a person is—

(a)a primary victim, witness secondary victim or related victim; and

(b)a person who is entitled to compensation under the Workers’ Compensation Act.

32Relationship generally

(1)This section states the assistance for which the person is eligible if the person is paid compensation under the Workers’ Compensation Act.

(2)If the person is a primary victim, the person is eligible for the following assistance—

(a)assistance under section 38(1) for—

(i)the components mentioned in section 39(f) and (g); and

(ii)special assistance as mentioned in subsection (6);

(b)additional assistance under section 38(2).

(3)If the person is a witness secondary victim of a more serious act of violence, the person is eligible for the following assistance—

(a)assistance under section 44(1)(a) for the component mentioned in section 45(f);

(b)additional assistance under section 44(2);

(c)funeral expense assistance.

(4)If the person is a witness secondary victim of a less serious act of violence, the person is eligible for funeral expense assistance.

(5)If the person is a related victim of an act of violence, the person is eligible for the following assistance—

(a)assistance under section 48(1) for—

(i)the components mentioned in section 49(a), (b), (c), (d) and (g); and

(ii)non-expense assistance as mentioned in subsection (7);

(b)additional assistance under section 48(2).

(6)For subsection (2)(a)(ii), the person is eligible for the following special assistance—

(a)if the person has not been paid any lump sum compensation under the Workers’ Compensation Act—special assistance of the amount that would ordinarily be payable to the person;

(b)if the person has been paid lump sum compensation under the Workers’ Compensation Act of an amount that is less than the amount of special assistance that would ordinarily be payable to the person—special assistance of the difference between the special assistance that would ordinarily be payable and the lump sum compensation paid.

(7)For subsection (5)(a)(ii), the person is eligible for non-expense assistance—

(a)only if the amount of the compensation paid under the Workers’ Compensation Act is less than the amount of the non-expense assistance that would ordinarily be payable to the person; and

(b)only for the difference between the non-expense assistance that would ordinarily be payable to the person and the compensation paid under the Workers’ Compensation Act.

(8)In this section—

non-expense assistance means the total amount of assistance for the components mentioned in section 49(e) and (f).

s 32 amd 2017 No. 8 s 101 sch 1

33When a person’s workers’ compensation application is finally dealt with

For this part, a person’s workers’ compensation application is finally dealt with when the person’s total entitlement to compensation under the Workers’ Compensation Act, including the person’s entitlement to treatment, care and support payments under chapter 4A of that Act, has been decided under that Act, including, for example, because—

(a)the person’s workers’ compensation application has been rejected under that Act; or

(b)the person accepts or rejects an offer of lump sum compensation under that Act; or

(c)the person’s entitlement to compensation under that Act stops under that Act.

Note—

See, for example, the Workers’ Compensation Act, chapter 3 (Compensation), part 8A (When entitlement to compensation stops).

s 33 amd 2017 No. 8 s 31

34Generally workers’ compensation application finally dealt with before victim assistance application

(1)The person may apply for victim assistance in relation to the act of violence committed against the person only if—

(a)the person has made a workers’ compensation application; and

(b)the workers’ compensation application has been finally dealt with.

(2)The person may apply for victim assistance—

(a)within 3 years after the person’s workers’ compensation application is finally dealt with; or

(b)if the person is a child when the person’s workers’ compensation application is finally dealt with—before the person turns 21.

(3)Subsection (2) applies despite section 54(1).

(4)However, the scheme manager may, on application by the person, give the person approval to make an application for assistance without first making a workers’ compensation application if—

(a)the reason the person has not made the workers’ compensation application is because the prescribed period has passed; and

(b)the person has, under the Workers’ Compensation Act, section 131(4) or (5), applied to an insurer to waive the need to make the workers’ compensation application within the prescribed period, and has been unsuccessful; and

(c)the scheme manager is reasonably satisfied the person has a reasonable excuse for not making the workers’ compensation application within the prescribed period, having regard to any of the following—

(i)the person’s age when the act of violence was committed;

(ii)whether the person has an impaired capacity;

(iii)whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the person;

Examples of persons who may be in a position of power, influence or trust in relation to a person—

a person’s parent, spouse or carer

(iv)the physical or psychological effect of the act of violence on the person;

(v)any other matter the scheme manager considers relevant.

(5)The scheme manager must give a person who applies for an approval under subsection (4) notice of the scheme manager’s decision on the application.

(6)If the scheme manager decides not to give the approval, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(7)In this section—

prescribed period means the period within which a workers’ compensation application may be made under the Workers’ Compensation Act, section 131(1).

pt hdg ins 2017 No. 8 s 33

36AApplication of part

This part applies if—

(a)for an act of violence, a person is a primary victim, secondary victim or related victim; and

(b)the act resulted in a motor vehicle accident within the meaning of the Motor Accident Insurance Act 1994; and

(c)the person has made, or is or was entitled to make, a motor accident claim in relation to the motor vehicle accident.

s 36A ins 2017 No. 8 s 33

36BMaking of victim assistance application not affected by motor accident claim

The person may apply for victim assistance in relation to the act of violence whether or not—

(a)a motor accident claim has been made in relation to the motor vehicle accident; or

(b)if a motor accident claim has been made in relation to the motor vehicle accident—the claim has been finally dealt with.

Note—

However, under section 86 the amount of victim assistance that would otherwise be payable to an applicant is reduced by the amount of a relevant payment the applicant has received or will receive. An amount payable under the Motor Accident Insurance Act 1994 is a relevant payment—see schedule 3, definition relevant payment.

s 36B ins 2017 No. 8 s 33

36CWhen motor accident claim is finally dealt with

For this part, a motor accident claim is finally dealt with when 1 of the following things happens under the Motor Accident Insurance Act 1994—

(a)an insurer denies liability for the claim;

(b)an offer, or counter offer, of settlement of the claim is accepted;

(c)a proceeding in a court based on the claim ends, including any appeal.

s 36C ins 2017 No. 8 s 33

36DRequirement to defer decision—motor accident claim not made

(1)This section applies if—

(a)the person (the applicant) applies for victim assistance in relation to the act of violence; and

(b)the applicant has not made a motor accident claim in relation to the motor vehicle accident.

(2)The government assessor must defer deciding the application until—

(a)the applicant has made a motor accident claim in relation to the motor vehicle accident; and

(b)the claim has been finally dealt with.

Note—

However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section.

(3)However, subsection (2) does not apply if the scheme manager is satisfied—

(a)that—

(i)a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994, section 37(3); or

(ii)the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994, section 37(3) to give notice of a motor accident claim in relation to the motor vehicle accident after the period mentioned in section 37(2) of that Act; and

(b)the applicant has a reasonable excuse for not making the motor accident claim within the period mentioned in section 37(2) of that Act.

(4)For deciding whether the applicant has a reasonable excuse under subsection (3)(b), the scheme manager must have regard to each of the following—

(a)the applicant’s age at the time the act of violence occurred;

(b)whether the applicant has impaired capacity;

(c)whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the applicant;

Examples of persons who may be in a position of power, influence or trust in relation to the applicant—

the applicant’s parent, spouse or carer

(d)the physical or psychological effect of the act of violence on the applicant;

(e)any other matter the scheme manager considers relevant.

(5)If the scheme manager decides the applicant does not have a reasonable excuse, the scheme manager must give the applicant a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

s 36D ins 2017 No. 8 s 33

36ERequirement to defer decision—motor accident claim made but not finally dealt with

(1)This section applies if—

(a)the person applies for victim assistance in relation to the act of violence; and

(b)a motor accident claim made by the person in relation to the motor vehicle accident has not been finally dealt with.

(2)The government assessor must defer deciding the application until the motor accident claim is finally dealt with.

Note—

However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section.

s 36E ins 2017 No. 8 s 33

36FDecision about assistance for counselling expenses

(1)This section applies if—

(a)the person applies for victim assistance in relation to the act of violence; and

(b)the government assessor defers deciding the application under section 36D or 36E.

(2)Despite the deferral of the decision, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a), 42(a), 45(a), 46(a) or 49(a).

Note—

The effect of this subsection is that the person may be granted assistance for counselling expenses before the motor accident claim has been finally dealt with.

(3)The government assessor must give the person a notice for the decision mentioned in subsection (2) stating—

(a)if the decision is to grant the application to the extent mentioned in the subsection—

(i)the amount payable to the person; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision; or

(b)if the decision is to refuse to grant the application to the extent mentioned in the subsection—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

(4)If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14.

Note—

See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance.

(5)This section does not limit part 14.

s 36F ins 2017 No. 8 s 33

pt hdg ins 2017 No. 8 s 33

36GApplication of part

This part applies to the primary victim of an act of violence if the primary victim or another person has made, or is entitled to make, an application (an NIISQ application) under the NIISQ Act for approval to participate in the scheme in relation to the injury suffered by the primary victim as a direct result of the act of violence.

Note—

See the NIISQ Act, sections 16 to 18.

s 36G ins 2017 No. 8 s 33

36HMaking of victim assistance application not affected by application for approval to participate in scheme

The primary victim may apply for victim assistance in relation to the act of violence whether or not—

(a)an NIISQ application has been made in relation to the injury suffered by the primary victim as a direct result of the act of violence; or

(b)if an NIISQ application has been made—the application has been decided by the agency under the NIISQ Act.

Note—

However, under section 86 the amount of victim assistance that would otherwise be payable to an applicant is reduced by the amount of a relevant payment the applicant has received or will receive. An amount payable under the NIISQ Act is a relevant payment—see schedule 3, definition relevant payment.

s 36H ins 2017 No. 8 s 33

36IDeferring decision if NIISQ application not made or not decided

(1)This section applies if—

(a)the primary victim applies for victim assistance in relation to the act of violence; and

(b)either—

(i)an NIISQ application has not been made; or

(ii)an NIISQ application has been made but has not been decided by the agency under the NIISQ Act.

(2)The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until the NIISQ application is decided.

Note—

However, under section 36J the government assessor must decide the application to the extent it relates to assistance for particular expenses despite the deferral under this section.

(3)If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable.

(4)If the government assessor defers deciding the application or the amount of assistance to be granted under subsection (2), the government assessor must give the primary victim a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

s 36I ins 2017 No. 8 s 33

36JDecision about assistance for particular expenses

(1)This section applies if—

(a)the primary victim applies for victim assistance in relation to the act of violence; and

(b)the government assessor defers deciding the application, or the amount of the assistance to be granted, under section 36I; and

(c)section 36F does not apply.

(2)Despite the deferral, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a) and (c) to (h).

(3)The government assessor must give the primary victim a notice for the decision mentioned in subsection (2) stating—

(a)if the decision is to grant the application to the extent mentioned in the subsection—

(i)the amount payable to the primary victim; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision; or

(b)if the decision is to refuse to grant the application to the extent mentioned in the subsection—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

(4)If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14.

Note—

See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance.

(5)This section does not limit part 14.

s 36J ins 2017 No. 8 s 33

37Eligibility for assistance

A primary victim of an act of violence is eligible for assistance.

Note—

See, however, section 24.

38Amount of assistance

(1)A primary victim of an act of violence may be granted assistance of up to $75,000.

(2)Also, in addition to the assistance mentioned in subsection (1), the primary victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act.

39Composition of assistance

The assistance granted under section 38(1) to a primary victim of an act of violence may consist of 1 or more of the following components—

(a)reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence;

(b)reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence;

(c)reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence;

(d)reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73);

(e)loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of the act of violence, during a period of up to 2 years after the act of violence;

(f)expenses incurred by the victim for loss of or damage to clothing the victim was wearing when the act of violence happened;

(g)if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence;

Examples of other reasonable expenses—

•relocation expenses

•costs of securing the victim’s place of residence or business

(h)special assistance in relation to the act of violence.

s 39 amd 2017 No. 8 s 34

40Eligibility for assistance

A parent secondary victim of an act of violence is eligible for assistance.

Note—

See, however, section 24.

41Amount of assistance

(1)A parent secondary victim of an act of violence may be granted assistance of up to $50,000.

(2)In addition to the assistance mentioned in subsection (1), each parent secondary victim of an act of violence may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act.

s 41 amd 2017 No. 8 s 35

42Composition of assistance

The assistance granted under section 41(1) to a parent secondary victim of an act of violence may consist of 1 or more of the following components—

(a)reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence;

(b)reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence;

(c)reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence;

(d)reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73);

(e)if exceptional circumstances exist for the victim, loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of becoming aware of the act of violence, during a period of up to 2 years after becoming aware of the act;

(f)if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence.

Examples of other reasonable expenses—

•relocation expenses

•costs of securing the victim’s place of residence or business

s 42 amd 2017 No. 8 s 36

43Eligibility for assistance

A witness secondary victim of an act of violence is eligible for assistance.

Note—

See, however, section 24.

44Amount of assistance

(1)A witness secondary victim of an act of violence may be granted assistance of—

(a)if the act is a more serious act of violence—up to $50,000, less any funeral expense assistance granted to the victim for the act; or

(b)if the act is a less serious act of violence—up to $10,000, less any funeral expense assistance granted to the victim for the act.

(2)In addition to the assistance mentioned in subsection (1)(a), each witness secondary victim of a more serious act of violence may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act.

45Composition of assistance—witness to more serious act of violence

The assistance granted under section 44(1)(a) to a witness secondary victim of a more serious act of violence may consist of 1 or more of the following components—

(a)reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence;

(b)reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence;

(c)reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence;

(d)reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73);

(e)if exceptional circumstances exist for the victim, loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of witnessing the act of violence, during a period of up to 2 years after the act;

(f)if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence.

Examples of other reasonable expenses—

•relocation expenses

•costs of securing the victim’s place of residence or business

s 45 amd 2017 No. 8 s 37

46Composition of assistance—witness to less serious act of violence

The assistance granted under section 44(1)(b) to a witness secondary victim of a less serious act of violence may consist of 1 or more of the following components—

(a)reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence;

(b)reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence;

(c)reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence;

(d)reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73).

47Eligibility for assistance

A related victim of an act of violence is eligible for assistance.

Note—

See, however, section 24.

48Amount of assistance

(1)A related victim of an act of violence may be granted assistance of up to $50,000 less any funeral expense assistance granted to the victim in relation to the act.

(2)In addition to the assistance mentioned in subsection (1), each related victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act.

s 48 amd 2017 No. 8 s 38

49Composition of assistance

The assistance granted under section 48(1) to a related victim may consist of 1 or more of the following components—

(a)reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim’s death;

(b)reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim’s death;

(c)reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim’s death;

(d)reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73);

(e)an amount of up to $20,000 that, but for the death of the primary victim of the act of violence, the related victim would have been reasonably likely to receive from the primary victim, during a period of up to 2 years after the primary victim’s death;

(f)an amount of up to $10,000 for distress suffered, or reasonably likely to be suffered, by the related victim as a direct result of the primary victim’s death;

(g)if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the primary victim’s death.

Examples of other reasonable expenses—

•relocation expenses

•costs of securing the victim’s place of residence or business

s 49 amd 2017 No. 8 s 39

50Eligibility and assistance

(1)A person who incurs funeral expenses for the funeral of a primary victim of an act of violence who has died as a direct result of the act is eligible for assistance.

(2)However, a person who incurs funeral expenses for the funeral of a primary victim of an act of violence committed by the person is not eligible for assistance under subsection (1).

(3)A person eligible for assistance under subsection (1) may be granted assistance of up to $8,000 for funeral expenses incurred, or reasonably likely to be incurred, by the person for the funeral of the primary victim.

(4)However, if more than 1 person is eligible for assistance under subsection (1) in relation to an act of violence, only a combined total of $8,000 may be granted to the persons for the funeral expenses incurred, or reasonably likely to be incurred, by them for the funeral of the primary victim.

(5)To remove any doubt, it is declared that a person may be eligible for assistance under subsection (1) in relation to an act of violence even though the person is also a witness secondary victim or related victim of the act.

s 50 amd 2017 No. 8 s 40

51Who may apply for victim assistance

(1)A victim of an act of violence may apply to the scheme manager for victim assistance.

(2)If the victim is a child, the application may be made by—

(a)the child’s parent on behalf of the child; or

(b)if the child is at least 12 years old and is represented by a lawyer, the child; or

(c)someone else approved by the scheme manager.

(3)For subsection (2)(a)—

(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 subsection 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 subsection is taken to be a reference to that person; and

(c)subject to paragraphs (a) and (b), the reference to the child’s parent in the subsection does not include an approved carer of the child.

(4)If the victim is an adult with an impaired capacity, the application may be made by—

(a)if the victim has a guardian—the guardian; or

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

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

(d)if the victim does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney—

(i)a member of the victim’s support network; or

(ii)someone else approved by the scheme manager.

(5)If the victim is not a child or an adult with impaired capacity but requires assistance in making an application under this chapter, the application may be made by someone else approved by the scheme manager.

Example—

If a victim can not understand English, the scheme manager may approve a relative of the victim who can understand English to make the application on the victim’s behalf.

(6)For this Act, the victim is still the applicant even though under subsection (2), (4) or (5) an application is made by someone else for the victim.

(7)In this section—

lawyer means an Australian legal practitioner, or a government legal officer, within the meaning of the Legal Profession Act 2007.

support network see the Guardianship and Administration Act 2000, schedule 4.

s 51 amd 2017 No. 8 s 41

52Form of application

An application for victim assistance must—

(a)be in the approved form; and

(b)be accompanied by documents supporting the application; and

(c)contain the consent of the relevant person for the government assessor to obtain information mentioned in section 74 or 77(1) or (4).

s 52 sub 2017 No. 8 s 42

54Time limit

(1)An application for victim assistance for an act of violence must be made within 3 years after—

(a)the act of violence happens; or

(b)for an application by a related victim—the death of the primary victim of the act; or

(c)for a victim who is a child—the day the child turns 18.

(2)The scheme manager may, on application by a person, extend the time for the person making an application for victim assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following—

(a)the person’s age when the act of violence was committed;

(b)whether the person has an impaired capacity;

(c)whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the person;

Examples of persons who may be in a position of power, influence or trust in relation to a person—

a person’s parent, spouse or carer

(d)the physical or psychological effect of the act of violence on the person;

(e)whether the delay in making the application undermines the possibility of a fair decision;

(f)any other matter the scheme manager considers relevant.

(3)The scheme manager must give a person who applies for an extension of time under subsection (2) notice of the scheme manager’s decision on the application.

(4)If the scheme manager decides not to extend the time for making an application for victim assistance, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

55Applying for victim assistance and funeral expense assistance together

(1)This section applies if, on the same approved form, a victim of an act of violence is applying for—

(a)victim assistance; and

(b)funeral expense assistance.

(2)The government assessor may consider the applications together.

s 55 amd 2017 No. 8 s 43

56Who may apply for funeral expense assistance

A person who incurs, or is reasonably likely to incur, funeral expenses for the funeral of a primary victim of an act of violence may apply to the scheme manager for funeral expense assistance.

57Form of application

An application for funeral expense assistance must be in the approved form.

s 57 amd 2017 No. 8 s 44

58Time limit

(1)An application for funeral expense assistance must be made within 3 years after the death of the primary victim.

(2)The scheme manager may, on application by a person, extend the time for the person to make an application for funeral expense assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following—

(a)the person’s age when the death occurred;

(b)whether the person has impaired capacity;

(c)the physical or psychological effect of the act of violence on the person;

(d)whether the delay in making the application undermines the possibility of a fair decision;

(e)any other matter the scheme manager considers relevant.

(3)The scheme manager must give the person notice of the scheme manager’s decision on the application.

(4)If the scheme manager decides not to grant the application, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

s 58 amd 2017 No. 8 s 45

59Withdrawal of application

An applicant for assistance may, by notice given to the scheme manager, withdraw the application at any time before the application is decided.

60Amendment of application

(1)An applicant for assistance may, by notice given to the scheme manager, amend the application at any time before the application is decided.

(2)Without limiting subsection (1), an applicant may amend the application to change the capacity in which the applicant is applying for assistance.

61Lapse of application if no contact

(1)This section applies if an applicant for assistance has not made any contact with the government assessor dealing with the application for 6 months.

(2)The government assessor may give the applicant a notice stating that if the applicant does not contact the government assessor within 6 months after the notice is given, the application will lapse under subsection (4).

(3)The notice must be sent to the address stated in the application for assistance or, if the applicant has given the government assessor another address for service of notices, the other address.

(4)If the applicant is given a notice under this section and the applicant does not contact the government assessor within 6 months after the notice is given, the applicant’s application for assistance lapses.

(5)The lapsing of an application under this section does not prevent the applicant making another application for assistance under this chapter.

Note—

See section 54 (for victim assistance) or 58 (for funeral expense assistance) for the time within which the application must be made.

(6)For this section, contact with the government assessor dealing with the application includes—

(a)contact with the scheme manager; and

(b)contact with another government assessor acting for the government assessor dealing with the application.

62Choosing government assessor

(1)The scheme manager must, as soon as practicable after receiving an application for assistance, choose an appropriately qualified government assessor to deal with the application.

Note—

See section 130 for the requirement that a government assessor disclose interests that may conflict with the performance of functions in relation to the application.

(2)From time to time, the scheme manager may assign another appropriately qualified government assessor to deal with the application, whether in addition to or in place of the government assessor previously assigned under subsection (1) or section 130.

(3)In this section—

appropriately qualified, for dealing with an application for assistance, means appropriately qualified having regard to—

(a)the complexity of the issues involved; and

(b)any other matter the scheme manager considers relevant.

63General principles

In deciding an application for assistance, the government assessor must—

(a)observe the principles of natural justice; and

(b)act as quickly as the requirements under this Act and a proper consideration of the application permit.

64Further information, document or consent

(1)Before deciding an application for assistance, the government assessor may—

(a)ask the applicant for further information or a document the assessor reasonably requires to decide the application; or

(b)ask the relevant person for consent for the assessor to obtain from someone else stated further information or a stated document about the applicant the assessor reasonably requires to decide the application.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(2)The government assessor may stop considering the application until the further information or document or the consent is given to the assessor.

(3)If the applicant does not give the further information or document, or the relevant person does not given the consent, within 42 days after the government assessor asks for it, or a longer period agreed to by the scheme manager, the application lapses.

(4)The lapsing of an application under this section does not prevent the applicant making another application for assistance under this chapter.

Note—

See section 54 (for victim assistance) or 58 (for funeral expense assistance) for the time within which the application must be made.

s 64 amd 2017 No. 8 s 46

65Obtaining information about act of violence from police commissioner

(1)The government assessor may ask the police commissioner for the following for a stated act of violence in relation to which assistance is sought—

(a)information about—

(i)the circumstances of the act of violence, including details of the injury suffered by a victim of the act; or

(ii)the progress of investigations being conducted about the act of violence; or

(iii)the charge (if any) laid for the act of violence and details of the place and date of hearing of the proceeding for the charge; or

(iv)if a charge is not laid or not continued with—the reasons for not laying or continuing with a charge; or

(v)the outcome of a proceeding for the charge, including any sentence imposed and the outcome of any appeal;

(b)a copy of any statement about the act of violence made by the primary victim of the act or the person who allegedly committed the act, including a recording of the questioning of the person under the Police Powers and Responsibilities Act 2000, section 436;

(c)further details about any of the information mentioned in paragraph (a) or (b), including any changes to the information previously provided.

(2)The police commissioner must comply with a request under subsection (1).

(3)The police commissioner’s obligation to comply with a request under subsection (1) applies only—

(a)to information in the police commissioner’s possession or to which the police commissioner has access; and

(b)for a statement requested under subsection (1)(b) that is made by the person who allegedly committed the act of violence—if the police commissioner is reasonably satisfied the government assessor reasonably requires the statement to decide the application.

(4)The police commissioner must not give information about an investigation relating to the act of violence if the police commissioner is reasonably satisfied giving the information—

(a)may prejudice or otherwise hinder an investigation or prosecution to which the information may be relevant; or

(b)may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999, section 186; or

(c)may affect the safety of a police officer, complainant or other person; or

(d)may lead to the disclosure of methods, practices or systems used generally by police in investigating alleged offences.

(5)The police commissioner may give information requested under subsection (1) by allowing the government assessor to access an electronic database maintained by the police service.

(6)If the police commissioner gives the government assessor access to an electronic database as mentioned in subsection (5), the access to, and the use of, the database is limited to the extent it is connected with the requested information.

(7)The giving of information under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(8)In this section—

information includes a document.

Example of a document—

a recording from a body-worn camera under the Police Powers and Responsibilities Act 2000, section 609A.

s 65 amd 2017 No. 8 s 47

66Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence

(1)The government assessor may ask the following (each the relevant police official) for the information mentioned in subsection (2) for a stated act of violence in relation to which assistance is sought—

(a)the police officer investigating the act of violence;

(b)if the government assessor does not know the name of the police officer investigating the act of violence, or the police officer is not available—the police commissioner.

(2)For subsection (1), the information is the information the relevant police official considers may be relevant to deciding the application for the assistance, including—

(a)copies of statements made by any person about the act of violence, including statements made by witnesses to the act of violence; and

(b)information the relevant police official considers may be relevant to deciding—

(i)whether the applicant for the assistance committed the act of violence, or conspired with the person who allegedly committed the act of violence; or

(ii)whether the only or main reason the act of violence was committed against the primary victim of the act was the primary victim’s involvement in a criminal activity; or

(iii)if the applicant for assistance is not the primary victim of the act of violence—whether the applicant was aware of the primary victim’s involvement in a criminal activity mentioned in subparagraph (ii); or

(iv)whether the applicant has not given reasonable assistance in the police investigation of the act of violence, or in the arrest or prosecution of the person who allegedly committed the act of violence, and whether the failure has prevented the arrest or prosecution of the person who allegedly committed the act of violence.

(3)The relevant police official must comply with a request under subsection (1) if, and to the extent, the relevant police official is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(4)A copy of a statement mentioned in subsection (2)(a) may include particulars identifying the witness only if the relevant police official reasonably believes the identity of the witness is relevant to deciding the application.

(5)The relevant police official’s obligation to comply with a request under subsection (1) applies only to information in the relevant police official’s possession or to which the relevant police official has access.

(6)The relevant police official must not give information about an investigation relating to the act of violence if the relevant police official is reasonably satisfied giving the information—

(a)may prejudice or otherwise hinder an investigation or prosecution to which the information may be relevant; or

(b)may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999, section 186; or

(c)may affect the safety of a police officer, complainant or other person; or

(d)may lead to the disclosure of methods, practices or systems used generally by police in investigating alleged offences.

(7)The giving of information under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(8)In this section—

information includes a document.

Example of a document—

a recording from a body-worn camera under the Police Powers and Responsibilities Act 2000, section 609A.

s 66 amd 2017 No. 8 s 48

67Obtaining information about prosecution

(1)The government assessor may ask the director of public prosecutions for the following information about a stated act of violence in relation to which assistance is sought—

(a)details of the charges laid for the act of violence, including any charge laid against a person for conspiring with the person who committed the act;

(b)details of the place and date of hearing of the proceeding for the charge;

(c)a decision to substantially change the charge, or not to continue with the charge, or to accept a plea of guilty to a lesser charge;

(d)the outcome of a proceeding for the charge, including any sentence imposed and the outcome of any appeal.

(2)The director must comply with the request if the director is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(3)The giving of information by the director under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

67AObtaining information about act of violence from court

(1)The government assessor may ask the registrar of a court for information about a stated act of violence, including details of the injury suffered by the primary victim of the act, for which an application for victim assistance has been made.

(2)The registrar must give the government assessor the requested information if the registrar is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(3)The registrar may give the requested information by allowing the government assessor to access an electronic database kept for the court.

(4)If the registrar gives the government assessor access to an electronic database under subsection (3), the access to, and use of, the database is limited to the extent it is connected with the requested information.

(5)The giving of information by the registrar under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(6)In this section—

registrar, in relation to a Magistrates Court, means the clerk of that court.

s 67A ins 2017 No. 8 s 49

67BObtaining information about relevant payments from SPER registrar

(1)The government assessor may ask the SPER registrar for information about compensation amounts for a stated act of violence in relation to which assistance is sought.

(2)The SPER registrar must comply with the request if the registrar is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(3)The giving of information by the SPER registrar under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(4)In this section—

compensation amount, for an act of violence, means an amount—

(a)ordered by a court to be paid to a person, under the Penalties and Sentences Act 1992, by way of restitution or compensation for the act; and

(b)particulars of which are registered under the State Penalties Enforcement Act 1999, section 34.

s 67B ins 2017 No. 8 s 49

68Confirming release or discharge date

(1)This section applies if an applicant for assistance is being detained in a correctional services facility under the Corrective Services Act 2006.

(2)The government assessor may ask the chief executive (corrective services) to confirm the date the applicant will be released or discharged under the Corrective Services Act 2006.

(3)The chief executive (corrective services) must comply with the request if the chief executive (corrective services) is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(4)The disclosure of information by the chief executive (corrective services) under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

69Obtaining primary victim’s criminal history from police commissioner

(1)If a primary victim of an act of violence is an applicant for victim assistance and the government assessor has the relevant person’s consent for obtaining the victim’s criminal history, the government assessor may ask the police commissioner for a written report about the victim’s criminal history.

Note—

See section 80 for when a primary victim’s criminal history may be relevant.

(2)The government assessor may also ask the police commissioner for a written report about the criminal history of a primary victim of an act of violence who has died as a direct result of the act if it may be relevant for deciding an application for assistance by someone else.

Note—

See section 80(2) for when a primary victim’s criminal history may be relevant for deciding an application for assistance by someone else.

(3)Also, the government assessor may ask the police commissioner for a brief description of the circumstances of a conviction for an offence mentioned in the primary victim’s criminal history.

(4)A request under this section may include the following—

(a)the name of the person in relation to which the report is sought and any other name the government assessor believes the person may use or may have used;

(b)the date and place of birth, gender and address of the person in relation to which the report is sought.

(5)The police commissioner must comply with a request under this section.

(6)The police commissioner’s obligation to comply with a request under this section applies only to information in the police commissioner’s possession or to which the commissioner has access.

(7)The disclosure of a person’s criminal history under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about particular information included in the criminal history.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(8)The government assessor may stop considering a primary victim’s application for victim assistance if the relevant person does not give the government assessor consent for obtaining the victim’s criminal history under this section.

(9)The government assessor may use the contents of a report obtained under this section only for the following purposes—

(a)deciding whether an application should be refused under section 80;

(b)deciding an application for amendment of a grant of assistance under section 103;

(c)the State recovering an amount from a person under part 16.

(10)The government assessor must destroy a report obtained under this section—

(a)if assistance is granted for the act of violence and an offender is convicted of a relevant offence for the act, at the later of the following times—

(i)when the period mentioned in section 110A ends;

(ii)when the scheme manager decides not to recover the assistance from the offender under part 16; or

(b)otherwise—when the report is no longer required for deciding the application for which it was sought or a review or appeal, or potential review or appeal, relating to the application.

s 69 amd 2017 No. 8 s 50

70Deciding applications for series of related crimes or series of related acts of domestic violence

(1)This section applies if—

(a)a person has made 2 or more applications for victim assistance; and

(b)the scheme manager reasonably considers the applications relate to a series of related crimes or a series of related acts of domestic violence.

(2)The scheme manager may decide that the applications must be decided together as 1 application for a single act of violence involving the series of related crimes or series of related acts of domestic violence.

Note—

See section 25B(4).

(3)However, before acting under subsection (2), the scheme manager must—

(a)give the person a notice—

(i)stating the manager is proposing that the applications be decided together as 1 application for a single act of violence involving the series of related crimes or series of related acts of domestic violence; and

(ii)inviting the person to give the scheme manager, within a stated time of at least 7 days, a written submission about the proposal; and

(b)have regard to any submission received from the person within the stated time.

(4)If the scheme manager decides that the applications must be decided together under subsection (2), the scheme manager must give the person a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

s 70 amd 2017 No. 8 ss 51, 101 sch 1

73Examinations

(1)The government assessor may—

(a)ask an applicant for victim assistance to undergo an examination by a health practitioner nominated by the assessor so that a report of the examination can be given to the assessor under this section; and

(b)ask the relevant person to give the government assessor consent to obtain the report of the examination from the health practitioner who conducts the examination.

(2)If the relevant person gives consent as mentioned in subsection (1)(b), the government assessor may ask the health practitioner who conducts the examination under subsection (1)(a) to give a report of the examination to the government assessor.

(3)A health practitioner who is asked by the government assessor to give the assessor a report of an examination conducted under subsection (1)(a) may give the assessor a report of the examination.

(4)A report given under subsection (3)—

(a)must be in the approved form; and

(b)may include another document the health practitioner considers should be read with the report.

(5)The giving of a report under this section by a health practitioner is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the examination.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(6)The government assessor may stop considering the applicant’s application for victim assistance until the government assessor receives a report of the examination requested under this section.

74Obtaining medical information from designated person

(1)If the government assessor has the necessary consent for obtaining medical information about an applicant for victim assistance, the government assessor may ask a designated person for medical information about the applicant.

(2)A designated person who is asked by the government assessor to give the assessor medical information about a stated applicant for victim assistance may give the assessor the medical information.

(3)The disclosure of medical information by a designated person under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(4)In this section—

designated person see the Hospital and Health Boards Act 2011, schedule 2.

medical information, about a person, means the person’s medical history so far as it is relevant to deciding the application.

necessary consent, in relation to an applicant for victim assistance, means consent of the relevant person for the applicant as mentioned in section 52(c).

s 74 amd 2011 No. 32 s 332 sch 1pt 2 (amd 2012 No. 9 s 47)

75Obtaining information about child’s injuries or needs

(1)This section applies if an applicant for victim assistance is a child who, under the Child Protection Act 1999, is in the custody, or under the guardianship, of the chief executive (child protection) or someone else.

(2)The government assessor may ask the chief executive (child protection) for information about the following—

(a)the applicant’s injuries;

(b)any special needs the applicant may have;

(c)confirmation that a stated person has been granted custody or guardianship of the applicant under a child protection order under the Child Protection Act 1999.

(3)The chief executive (child protection) must comply with the request if the chief executive is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(4)The disclosure of information by the chief executive (child protection) under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

76Obtaining information about person with impaired capacity

(1)This section applies if the government assessor knows, or reasonably suspects, an applicant for victim assistance has an impaired capacity.

(2)The government assessor may ask the QCAT principal registrar to—

(a)advise whether a person has been appointed under the Guardianship and Administration Act 2000 as the guardian or administrator of the applicant and, if so, the person’s name and address; or

(b)confirm whether a stated person is the guardian or administrator of the applicant.

(3)The QCAT principal registrar must comply with the request if the principal registrar is reasonably satisfied the government assessor reasonably requires the information to decide the application.

(4)The disclosure of information by the QCAT principal registrar under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(5)In this section—

QCAT principal registrar means the principal registrar under the QCAT Act.

77Obtaining information about relevant payments

(1)If the government assessor has the necessary consent for obtaining information under this section about an applicant for victim assistance in relation to an act of violence, the government assessor may—

(a)ask the insurance commissioner under the Motor Accident Insurance Act 1994 for information about—

(i)whether the applicant has, in relation to the act of violence, made a claim under that Act and, if so, the status of the claim; or

(ii)if the applicant’s claim is successful under that Act—the amount paid or payable to the applicant in relation to the claim; or

(b)ask the police commissioner for information about—

(i)whether the applicant has, in relation to the act of violence, applied for compensation under the Police Service Administration Act 1990, section 10.8 and, if so, the status of the application; or

(ii)if the applicant’s application for compensation is granted under that Act—the amount of compensation paid or payable to the applicant; or

(c)ask the Workers’ Compensation chief executive officer for information about—

(i)whether the applicant has, in relation to the act of violence, applied for compensation under the Workers’ Compensation Act and, if so, the status of the application; or

(ii)if the applicant’s application for compensation is granted under the Workers’ Compensation Act—the amount of compensation paid or payable to the applicant and the expenses, loss of earnings or other amount for which the compensation was paid or is payable.

(2)Also, the government assessor may ask the chief executive (corrective services) for information about—

(a)whether an applicant for victim assistance has, in relation to the act of violence in relation to which assistance is sought, started a proceeding under chapter 6, part 12B of that Act and, if so, the status of the proceeding; or

(b)if an applicant for victim assistance is successful in a proceeding under chapter 6, part 12B of that Act—the amount paid or payable to the applicant in relation to the proceeding.

(3)Also, if a dispute relating to a relevant offence for an act of violence in relation to which assistance is sought has been referred for mediation under the Dispute Resolution Centres Act 1990, the government assessor may ask a director under that Act for information about—

(a)whether an agreement has been reached for the dispute following mediation under that Act; or

(b)if an agreement has been reached for the dispute following mediation under that Act—whether the agreement provided for the payment of an amount from the person who allegedly committed the offence to a stated victim of the act of violence and, if so, the amount paid or to be or payable to the victim under the agreement.

(4)Also, if the government assessor has the necessary consent for obtaining information under this section about an applicant for victim assistance in relation to an act of violence, the government assessor may ask the chief executive officer (NIISQ) for information about the matters mentioned in subsection (5) or (6).

(5)If the act of violence resulted in a motor vehicle accident within the meaning of the Motor Accident Insurance Act 1994, the matters are—

(a)whether the applicant has made an NIISQ application in relation to the injury suffered by the applicant as a direct result of the act of violence and, if so, the status of the application; and

(b)if the applicant has been accepted under the NIISQ Act as a participant in the scheme in relation to the injury mentioned in paragraph (a)—

(i)a support plan made under that Act for the applicant; and

(ii)any service requests made or decided under that Act for the applicant; and

(iii)any funding agreement entered into by the agency under that Act for the applicant’s treatment, care or support; and

(iv)any payment requests made or decided under that Act for the applicant’s treatment, care or support.

(6)If the applicant has made a workers’ compensation application, the matters are—

(a)whether the agency under the NIISQ Act has been engaged by an insurer under the Workers’ Compensation Act, section 232ZI, to perform the insurer’s functions, or exercise the insurer’s powers, under chapter 4A of the Workers’ Compensation Act in relation to the applicant; and

(b)if the agency under the NIISQ Act has been engaged as mentioned in paragraph (a)—

(i)the applicant’s entitlement to treatment, care or support payments under the Workers’ Compensation Act; and

(ii)any support plan made under that Act for the applicant; and

(iii)any service requests made or decided under that Act for the applicant; and

(iv)any funding agreement entered into by the agency under that Act for the applicant’s treatment, care or support; and

(v)any payment requests made or decided under that Act for the applicant’s treatment, care or support.

(7)An entity to whom a request is made under subsection (1), (2), (3) or (4) must comply with the request.

(8)For a request under subsection (2), (3) or (4), subsection (7) applies only if the entity is reasonably satisfied the government assessor reasonably requires the requested information to decide the application.

(9)The disclosure of information by an entity under subsection (4) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(10)In this section—

chief executive officer (NIISQ) means the chief executive officer of the National Injury Insurance Agency, Queensland under the NIISQ Act.

necessary consent, in relation to an applicant for victim assistance, means consent of the relevant person for the applicant as mentioned in section 52(c).

Workers’ Compensation chief executive officer means the chief executive officer of the Authority, or WorkCover, within the meaning of the Workers’ Compensation Act.

s 77 amd 2017 No. 8 s 53

78Grant only if applicant is eligible

The government assessor may grant assistance to a person only if the government assessor is satisfied, on the balance of probabilities, the person is eligible for the assistance under this chapter.

79No grant if applicant conspired to commit act of violence

The government assessor can not grant assistance to a person if the government assessor is satisfied, on the balance of probabilities, the person conspired with the person who committed the act of violence in relation to which assistance is sought.

80No grant to particular persons if primary victim’s activities caused act of violence

(1)The government assessor can not grant assistance to a primary victim of an act of violence if the government assessor is satisfied, on the balance of probabilities, the only reason, or the main reason, the act of violence was committed against the primary victim was—

(a)because the victim was involved in a criminal activity when the act of violence happened; or

(b)because of the victim’s previous involvement in a criminal activity, whether or not the victim is currently involved in the criminal activity.

(2)The government assessor can not grant assistance in relation to an act of violence to a person who is not the primary victim of the act if the government assessor is satisfied, on the balance of probabilities—

(a)the only reason, or the main reason, the act of violence was committed against the primary victim of the act was a reason mentioned in subsection (1)(a) or (b); and

(b)the person was, or ought reasonably to have been, aware of the primary victim’s involvement in the criminal activity.

(3)Subsection (2) does not apply if the person was aware of the primary victim’s involvement in the criminal activity only because the person witnessed the act of violence.

(4)In deciding whether a primary victim of an act of violence was involved in a criminal activity, the government assessor may have regard to the following—

(a)any information, or the contents of any document, about the act of violence obtained under section 65 or 66; and

(b)the circumstances of the offences to which the convictions mentioned in the victim’s criminal history relate, including—

(i)when the offences happened; and

(ii)the seriousness of the offences; and

(iii)the primary victim’s age when the offences happened; and

(iv)the regularity of the offences; and

(c)any other matters the assessor considers relevant for assessing the primary victim’s involvement in a criminal activity.

81No grant if act of violence not reported

(1)The government assessor can not grant assistance in relation to an act of violence if—

(a)the act of violence has not been reported to—

(i)a police officer; or

(ii)for an act of violence against a special primary victim—a police officer, the victim’s counsellor, psychologist or doctor, or a domestic violence service; and

(b)the government assessor is reasonably satisfied there is no reasonable excuse for the report not being made.

(2)In this section—

domestic violence service means an entity that provides services to persons who fear or experience domestic violence.

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.

special primary victim means—

(a)a primary victim of an act of violence—

(i)involving a sexual offence; or

(ii)committed by a person who was in a position of power, influence or trust in relation to the primary victim when the act was committed; or

Examples of persons who may be in a position of power, influence or trust in relation to a person—

a person’s parent, spouse or carer

(iii)involving domestic violence; or

(b)a primary victim of an act of violence who—

(i)was a child when the act was committed; or

(ii)has an impaired capacity, whether or not it existed when the act was committed; or

(c)a primary victim of an act of violence who is being threatened or intimidated by the person who committed the act, or by someone else.

s 81 amd 2010 No. 14 s 124 sch; 2017 No. 8 s 54

82No grant if reasonable assistance not given

(1)The government assessor can not grant assistance to a person if the government assessor is satisfied, on the balance of probabilities—

(a)the person has not given reasonable assistance in—

(i)the police investigation (if any) of the act of violence in relation to which assistance is sought; or

(ii)if the act of violence in relation to which assistance is sought is a crime or series of related crimes—the arrest or prosecution of the person who committed, or allegedly committed, the act; and

(b)if paragraph (a)(ii) applies—the failure has prevented the arrest or prosecution of the person who committed, or allegedly committed, the act of violence.

(2)Subsection (1) does not apply if the government assessor is reasonably satisfied the person had a reasonable excuse for not providing the assistance.

(3)For subsection (2), in considering whether the person had a reasonable excuse for not providing the assistance, the government assessor must have regard to the following—

(a)the person’s age when the act was committed;

(b)whether the person has an impaired capacity, whether or not it existed when the act was committed;

(c)if the person is the primary victim of the act of violence—whether the act of violence involves a sexual offence;

(d)whether the person who allegedly committed the act of violence is in a position of power, influence or trust in relation to the person;

Examples of persons who may be in a position of power, influence or trust in relation to a person—

the person’s parent, spouse or carer

(e)whether the act of violence involves domestic violence;

(f)whether the person was threatened or intimidated by the person who committed, or allegedly committed, the act or violence or by someone else;

(g)the nature of the person’s injury or alleged injury;

(h)whether any other special circumstances prevented the person from providing the assistance;

(i)any other matter the assessor considers relevant.

s 82 amd 2017 No. 8 s 55

83Dealing with application if applicant has earlier application

(1)This section applies if an applicant for assistance has made an earlier application for assistance for the same act of violence.

(2)The government assessor must refuse the later application.

(3)However, if the earlier application has not been decided, the government assessor may act under subsection (2) only if—

(a)the applicant has been invited to withdraw the earlier application under section 59 within a stated period of at least 7 days; and

(b)the applicant has not withdrawn the earlier application within the stated time.

Note—

See also section 60 for amendments of applications.

(4)Also, if the earlier application has not been decided and the government assessor considers the applications relate to a series of related crimes or a series of related acts of domestic violence, the government assessor—

(a)must not refuse the later application under subsection (2); and

(b)must refer the earlier and later applications to the scheme manager to be dealt with under section 70.

Note—

Section 70 provides for deciding 2 or more applications for a series of related crimes, or a series of related acts of domestic violence, as 1 application for a single act of violence involving the series.

(5)Subsection (2) does not apply if 1 of the applications is an application for victim assistance and the other application is for funeral expense assistance.

s 83 amd 2017 No. 8 s 56

84Deferring decision if applicant is detained

(1)This section applies if the applicant for assistance is being detained in a correctional services facility under the Corrective Services Act 2006.

(2)The government assessor can not decide the application until the applicant is released or discharged under the Corrective Services Act 2006.

(3)However, if under subsection (2) the application is not decided within 5 years after it was made, the government assessor must, despite that subsection, decide the application as soon as reasonably practicable.

84ADeferring decision if cause of death unknown

(1)This section applies if—

(a)an applicant has applied for assistance in relation to an act of violence; and

(b)the primary victim has died as a direct result of the act of violence; and

(c)the police commissioner has notified the government assessor under section 65 that the cause of the primary victim’s death is unknown.

(2)The government assessor may defer deciding the application until the first of the following happens—

(a)a person is charged with an offence the government assessor reasonably considers is a relevant offence for the act of violence;

(b)a coroner under the Coroners Act 2003 makes a finding under that Act in relation to the death of the primary victim;

(c)a cause of death certificate for the primary victim is issued under the Births, Deaths and Marriages Registration Act 2003;

(d)the police commissioner advises the government assessor about the cause of the primary victim’s death.

(3)If the government assessor defers deciding the application, the government assessor must give the applicant a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

s 84A ins 2017 No. 8 s 57

84BDeferring decision if false or misleading information allegedly provided by applicant

(1)This section applies if the scheme manager has made a complaint to a police officer alleging that an applicant for assistance has committed an information offence.

(2)The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until either of the following happens—

(a)the applicant is charged with an information offence and the proceeding relating to the offence ends, including any appeal;

(b)the police commissioner advises the scheme manager the investigation into the scheme manager’s complaint has ended without the applicant being charged with an information offence.

(3)If the government assessor defers deciding the application or the amount of assistance to be granted, the government assessor must give the applicant a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(4)If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable.

(5)In this section—

information offence means an offence involving the giving of false or misleading information by the applicant in connection with the application.

s 84B ins 2017 No. 8 s 57

84CDeferring decision if recovery of assistance granted to someone else is disputed

(1)This section applies if—

(a)an applicant for assistance has been given a notice under section 115 in relation to an offence; and

(b)the applicant has given the scheme manager a notice under section 116 (the applicant’s notice) disputing the claim; and

(c)the dispute mentioned in the applicant’s notice has not been finally decided as mentioned in section 117(2)(b)(i).

(2)The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until the dispute mentioned in the applicant’s notice is finally decided as mentioned in section 117(2)(b)(i).

(3)If the government assessor defers deciding the application or the amount of assistance to be granted, the government assessor must give the applicant a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(4)If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable.

s 84C ins 2017 No. 8 s 57

85Deciding amount of assistance generally

(1)This section applies for deciding the amount of assistance (if any) to be granted to an applicant.

(2)In deciding the amount, the government assessor may have regard to, and may reduce the amount that would otherwise be payable to the applicant on the basis of, the following—

(a)the extent to which the applicant’s conduct directly or indirectly contributed to the injury suffered by the applicant as a direct result of the act of violence in relation to which assistance is sought;

(b)any other matter prescribed under a regulation for this section.

(3)A question of fact for deciding the matter mentioned in subsection (2)(a), or for deciding the category of the act of violence in relation to which special assistance is sought, must be decided on the balance of probabilities.

(4)The government assessor may be satisfied on the balance of probabilities that an act of violence of a particular category has caused a person’s injury even though—

(a)no person has been charged with, or convicted of, an act of violence of that category in relation to the injury; or

(b)a person has been charged with, or convicted of, an act of violence of a different category in relation to the injury.

(5)If a regulation prescribes a matter for subsection (2)(b), the government assessor may reduce the amount of assistance that would otherwise be payable to a person on the basis of the matter only if the person’s application for assistance is made after the matter is prescribed.

s 85 amd 2017 No. 8 s 101 sch 1

86Reduction if relevant payment received

(1)This section applies if the government assessor is reasonably satisfied an applicant for assistance in relation to an act of violence has received, or will receive, a relevant payment for the act.

(2)The government assessor must reduce the amount of assistance that would otherwise be payable to the applicant by an amount equivalent to the relevant payment.

(2A)However, subsection (2) does not apply to the extent the government assessor is satisfied the purpose for which the relevant payment was or will be made does not include compensating the applicant for expenses in relation to which the applicant is eligible for assistance.

Example—

An applicant is eligible for assistance for counselling expenses mentioned in section 39(a), 42(a), 45(a), 46(a) or 49(a). A relevant payment is received by the applicant under the NIISQ Act for the applicant’s treatment, care and support within the meaning of that Act. The purpose of the relevant payment does not include compensating the applicant for counselling expenses.

(3)If the assistance payable to an applicant is reduced under subsection (2) and an amount of assistance remains payable to the applicant after the reduction, the government assessor must—

(a)decide the component of assistance for which the amount is payable, having regard to—

(i)the applicant’s needs; and

(ii)whether the applicant has incurred any expenses; and

(iii)anything else the government assessor considers relevant; and

(b)give the applicant a notice stating—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

s 86 amd 2017 No. 8 s 58

87Deferring decision if victim’s conduct may be relevant

(1)This section applies if—

(a)a person (applicant) has applied for assistance in relation to an act of violence; and

(b)a person (charged person) has been charged with an offence that the government assessor reasonably considers is a relevant offence for the act; and

(c)the government assessor reasonably believes that, in relation to the charge, a relevant justification, excuse or defence may be raised.

(2)The government assessor may defer deciding the amount of assistance to be granted to the applicant until 1 of the following happens—

(a)the prosecuting agency decides not to continue with the charge;

(b)there is a mistrial for the charge;

(c)the charged person is acquitted or convicted of the charge;

(d)the prosecution process for the charge ends in another way.

(3)If a trial is started in relation to the charge and evidence given at the trial raises a relevant justification, excuse or defence, the government assessor must, in deciding the matter mentioned in section 85(2)(a), have regard to the evidence.

(4)Subsection (3) applies only to the extent the government assessor has lawful access to the evidence.

(5)If the government assessor decides to defer deciding the amount of assistance under this section, the government assessor must give the applicant a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(6)In this section—

relevant justification, excuse or defence means a justification, excuse or defence that involves the conduct of—

(a)the applicant; or

(b)if the applicant is not the primary victim of the act of violence—the primary victim.

s 87 amd 2017 No. 8 s 59

88Inviting submissions from applicant

(1)This section applies if—

(a)under part 12, division 3, the government assessor proposes to refuse an application for assistance; or

(b)under part 12, division 5, the government assessor proposes to reduce the assistance that would otherwise be payable to an applicant.

(2)The government assessor must give the applicant a notice—

(a)stating—

(i)the basis on which the government assessor is proposing to refuse the application or reduce the assistance that would otherwise be payable to the applicant; and

(ii)if the government assessor is proposing to reduce the assistance that would otherwise be payable to the applicant under section 86(2)—the component of assistance for which the government assessor is proposing to pay any remaining amount of assistance payable to the applicant; and

(b)inviting the applicant to make, within a stated time, an oral or written submission about the matter mentioned in paragraph (a).

(3)The stated time must be reasonable and, in any case, at least 28 days after the government assessor gives the notice to the applicant.

(4)Before deciding the application, the government assessor must consider any submission made by the applicant within the stated time.

(5)Despite subsections (2) to (4), the government assessor may decide the application before the stated time if the applicant has advised the government assessor that the applicant will not make a submission about the matter mentioned in subsection (2)(a).

s 88 amd 2017 No. 8 s 60

89Deciding application

(1)After considering an application for assistance, and any information or documents obtained under this chapter for the application, the government assessor must decide—

(a)to grant the applicant assistance as worked out under this chapter, with the condition mentioned in subsection (2) and any other conditions the government assessor considers appropriate; or

(b)to refuse the application.

(2)The government assessor must impose a condition on a grant of assistance that, if the applicant receives a relevant payment for the act of violence within 6 years after the assistance is granted, the applicant must give the scheme manager written or oral notice of the payment within 28 days after receiving it.

Note—

Failure to comply with the condition imposed under subsection (2) is an offence—see section 141B.

s 89 amd 2017 No. 8 s 61

90Notice of decision to grant assistance

If the government assessor decides to grant assistance, the government assessor must give the applicant a notice stating the following—

(a)any amount payable to the applicant, including—

(i)the total amount payable to the applicant; and

(ii)the amount payable for each component of assistance;

(b)the conditions imposed on the grant of assistance;

(c)the reasons for the decision, including the imposition of any conditions;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(d)the internal review details for the decision.

s 90 amd 2017 No. 8 s 62

91Notice of decision to refuse assistance

If the government assessor’s decision is to refuse an application for assistance, the government assessor must give the applicant a notice stating the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

92Application of div 2

This division applies if an applicant is granted assistance.

93Paying assistance generally

(1)The assistance may be paid—

(a)entirely to the applicant; or

(b)partly to the applicant and partly to someone else for the benefit of the applicant; or

(c)entirely to someone else for the benefit of the applicant.

Example of person to whom assistance may be paid for the benefit of the applicant—

a counsellor as payment for a stated number of counselling sessions

(2)If the applicant is granted assistance for expenses, the assistance does not become payable until the government assessor receives a copy of an invoice or receipt for the expenses.

(3)This section is subject to sections 94 and 95.

94Paying assistance to someone else

(1)Assistance may be paid, entirely or partly, to someone else for the benefit of the applicant if—

(a)the assistance is for unpaid expenses and the assistance is paid to the person who gave the invoice for the expenses; or

(b)the assistance is for expenses paid by a person other than the applicant and the assistance is paid to the person who paid the expenses; or

(c)the applicant is a child, and the assistance is lump sum assistance and is paid to the public trustee to be held on trust under the Public Trustee Act 1978; or

(d)the applicant is an adult with an impaired capacity for a prescribed financial matter who has an administrator for the matter, and the assistance is lump sum assistance and is paid to the administrator; or

(e)the applicant is an adult with an impaired capacity for a prescribed financial matter who does not have an administrator for the matter but has appointed an attorney for the matter under an enduring power of attorney, and the assistance is lump sum assistance and is paid to the attorney.

(2)In this section—

lump sum assistance means—

(a)special assistance; or

(b)assistance for loss of earnings; or

(c)assistance as mentioned in section 49(e) or (f).

prescribed financial matter means the financial matter of receiving lump sum assistance.

unpaid expenses means expenses for which an invoice has been given but have not been paid.

s 94 amd 2017 No. 8 s 63

95Paying assistance if applicant liable to pay amount to State

(1)If the applicant is liable to pay an amount (payable amount) to the State under a recovery provision because of an offence committed by the applicant—

(a)the assistance granted to the applicant or, if the assistance is greater than the payable amount, the part of the assistance equivalent to the payable amount, is to be retained by the State; and

(b)the amount retained under paragraph (a) must be applied towards satisfying the applicant’s liability to the State under the recovery provision and, for that purpose, is taken to have been paid to the State by the applicant.

(2)If, after assistance is granted to the applicant, the applicant becomes liable to pay an amount to the State under a recovery provision because of an offence committed by the applicant, subsection (1)(a) and (b) apply in relation to any part of the assistance not already paid to the applicant.

(3)If the assistance payable to an applicant is reduced under subsection (1) or (2) and an amount of assistance remains payable to the applicant after the reduction, the government assessor must—

(a)decide the component of assistance for which the amount is payable, having regard to—

(i)the applicant’s needs; and

(ii)whether the applicant has incurred any expenses; and

(iii)anything else the government assessor considers relevant; and

(b)give the applicant a notice stating—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

(4)The scheme manager must give notice to the SPER registrar of any amount taken to have been paid by the applicant to the State under subsection (1)(b) or (2).

(5)In this section—

recovery provision means section 117(4) or 191(4).

96Unpaid assistance

If, because of the acts or omissions of the applicant, all or a part of the assistance granted to the applicant is not paid to, or for the benefit of the applicant, within 6 years after the assistance is granted, the assistance or part stops being payable to the applicant.

Example—

If the assistance granted to the applicant included amounts for 10 counselling sessions and the applicant only attends 8 counselling sessions within 6 years after the assistance is granted, the part of the assistance payable for the 2 remaining counselling sessions stops being payable.

97Application of pt 14

This part applies if—

(a)under part 9 or 10, a person applies for assistance in relation to an act of violence (general application); and

(b)the government assessor has not decided the general application; and

(c)the person incurs, or is reasonably likely to incur before the general application is decided, urgent and immediate expenses of a kind for which the person may be eligible for assistance; and

(d)in the general application, the person also applies for interim assistance under this part in relation to the act of violence.

s 97 amd 2017 No. 8 s 64

98Deciding application for interim assistance

(1)The government assessor may grant the person assistance of up to $6,000 (interim assistance) for urgent or immediate expenses incurred, or reasonably likely to be incurred, by the person if the assessor is reasonably satisfied it is necessary for the person to incur the expenses before the general application is decided.

(2)The government assessor must impose a condition on the grant of interim assistance that, if the person receives a relevant payment for the act of violence before the general application is decided, the applicant must give the scheme manager written or oral notice of the payment within 28 days after receiving it.

Notes—

1Failure to comply with the condition imposed under subsection (2) is an offence—see section 141B.

2Under section 89(2), a similar condition is required to be imposed if the government assessor grants the applicant assistance.

(3)The government assessor may impose other conditions on the grant of interim assistance.

(4)Section 88 does not apply to deciding an application for interim assistance.

s 98 amd 2017 No. 8 s 65

99Steps after application for interim assistance decided

(1)The government assessor must give the person a notice for the decision on the application for interim assistance stating—

(a)if the decision is to grant interim assistance—

(i)the amount payable to the applicant, and the conditions imposed; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision; or

(b)if the decision is to refuse to grant interim assistance—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

(2)Part 13, division 2 applies to interim assistance in the same way it applies to other assistance.

s 99 amd 2017 No. 8 s 66

100Effect of decision on general application

(1)If the government assessor decides to grant the person assistance under the general application—

(a)the amount paid in interim assistance must be deducted from the assistance otherwise payable to the person; and

(b)if the amount paid in interim assistance is more than the assistance payable in relation to the general application—the person must refund the excess amount paid to the State.

(2)If the government assessor refuses the person’s general application for assistance, the person must refund the amount paid in interim assistance to the State.

(3)An amount that is refundable under this section is a debt owed to the State by the person.

div hdg ins 2017 No. 8 s 67

101Application for amendment

(1)This section applies if—

(a)a person has been granted assistance; and

(b)the person’s circumstances have changed or are likely to change.

(2)The person may apply to the scheme manager for an amendment of the grant to—

(a)change the amount of assistance granted; or

(b)change the conditions imposed on the grant, other than the condition imposed under section 89(2).

(3)An application for amendment of the grant of assistance must be made—

(a)if the assistance was granted to an adult—within 6 years after the assistance was originally granted; or

(b)if the assistance was granted to a child—before the child turns 24.

(4)The application must state the person’s circumstances that have changed or are likely to change.

(5)Only 1 application for amendment of the grant of assistance may be made under this section in a calendar year.

(6)Subsection (5) does not apply if the scheme manager is reasonably satisfied that exceptional circumstances exist to allow more than 1 application to be made in a calendar year.

(7)Subsection (5) does not prevent an application being made if the person has been given an amendment notice under division 2 for the grant of assistance.

s 101 amd 2017 No. 8 s 68

102Person who is to decide application

If an application for amendment of the grant of assistance is made to the scheme manager under section 101, the scheme manager may—

(a)decide the application; or

(b)ask the government assessor who granted the assistance, or another government assessor, to decide the application.

103Considering application

(1)The person deciding an application for amendment of the grant of assistance under this part may have regard to—

(a)the change or likely change in the applicant’s circumstances for which the application is made; and

(b)any other changes in the applicant’s circumstances that may be relevant; and

(c)any fresh evidence that has become available since the assistance was granted or since the grant was last amended under this part; and

(d)any relevant payments for the act of violence in relation to which the assistance was granted that have been received by, or that have become payable to, the applicant since the assistance was granted or since the grant was last amended under this part; and

(e)any other matter the person considers relevant.

(2)The following provisions apply in relation to the amendment application in the same way as they apply in relation to the original application for assistance—

(a)sections 63 to 69;

(b)sections 73 to 77;

(c)part 12, division 5.

s 103 amd 2017 No. 8 s 69

104Decision on application

(1)The person deciding an application for amendment of the grant of assistance under this part may—

(a)change the amount of assistance granted, by increasing or decreasing the amount; or

(b)change the conditions imposed on the grant, other than the condition imposed under section 89(2), including by imposing new conditions on the grant.

(2)However, the person may decrease the amount of assistance granted only if—

(a)the applicant has asked for the decrease; or

(b)the decrease relates to unpaid assistance for expenses reasonably likely to be incurred, and the expenses have not been incurred and are not reasonably likely to be incurred; or

(c)the decrease relates to unpaid assistance for loss of earnings and, as a result of a change in the applicant’s circumstances, the applicant’s loss of earnings is lower than the loss of earnings that formed the basis on which the unpaid assistance was granted.

Example of a change in circumstances for paragraph (c)—

The applicant returns to work earlier than expected.

(4)In this section—

unpaid assistance means assistance that has been granted but not paid.

s 104 amd 2017 No. 8 s 70

105Steps after application decided

(1)The person who decides an application for amendment of a grant of assistance under this part must give the applicant notice of the person’s decision on the application.

(2)If the decision is to refuse the application, or to amend the grant of assistance in a way other than sought by the applicant, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(3)Part 13, division 2 applies to an increase in assistance granted under section 104 in the same way as it applies to the original grant of assistance.

div hdg ins 2017 No. 8 s 71

106Definitions for division

In this division—

amendment notice see section 106A(2).

response period see section 106A(2)(c).

scheme manager, in relation to a grant of assistance, includes the government assessor who granted the assistance, or another government assessor, if the scheme manager asks the government assessor to perform the scheme manager’s functions under this division in relation to the assistance.

uncounted relevant payment, in relation to a grant of assistance, means a relevant payment for the act of violence in relation to which the assistance was granted that—

(a)was not taken into account by the government assessor when the assistance was granted; and

(b)would have resulted in a reduction of assistance granted to the person under section 86 if it had been taken into account by the government assessor when the assistance was granted.

s 106 sub 2017 No. 8 s 72

106A Notice proposing to amend grant of assistance

(1)This section applies if—

(a)a person is granted assistance; and

(b)the scheme manager reasonably suspects the person has received, or is likely to receive, an uncounted relevant payment.

(2)The scheme manager must give the person a notice (an amendment notice) stating the following—

(a)that the scheme manager proposes to amend the grant of assistance under this division;

(b)the basis on which the scheme manager reasonably suspects the person has received, or is likely to receive, an uncounted relevant payment;

(c)that the person may, within a stated period (the response period), make oral or written representations to the scheme manager—

(i)agreeing to the proposed amendment; or

(ii)about why the proposed amendment should not be made;

(d)that the person may, within the response period, avoid further action being taken under this division by applying for an amendment of the grant of assistance under division 1 in relation to the uncounted relevant payment.

(3)The response period must end at least 14 days after the person is given the amendment notice.

(4)An amendment notice may only be given for a grant of assistance—

(a)if the assistance was granted to an adult—within 6 years after the assistance was originally granted; or

(b)if the assistance was granted to a child—before the child turns 24.

s 106A ins 2017 No. 8 s 72

106B Obtaining information from chief executive (transport) for giving amendment notice

(1)This section applies if the scheme manager—

(a)proposes to give a person an amendment notice for a grant of assistance; and

(b)reasonably believes the scheme manager does not possess up-to-date information about the person’s address.

(2)The scheme manager may, to enable the scheme manager to give the person an amendment notice, ask the chief executive (transport) for the person’s address.

(3)The chief executive (transport) must comply with the request if the chief executive is reasonably satisfied the scheme manager reasonably requires the information to give the person an amendment notice.

(4)The giving of information by the chief executive (transport) under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(5)If the scheme manager uses the information to give the person an amendment notice, the notice must state that the scheme manager has obtained information under this section.

s 106B ins 2017 No. 8 s 72

106C Obtaining information for making decision about uncounted relevant payment

(1)This section applies if the scheme manager has given a person an amendment notice for a grant of assistance.

(2)Sections 65 to 67B and 74 to 77 (the applied provisions) apply in relation to the amendment notice as if the notice were an application for assistance.

(3)However, the scheme manager may obtain information under an applied provision only if the scheme manager reasonably requires the information to decide whether the person has received, or is likely to receive, an uncounted relevant payment.

(4)For subsection (2), the applied provisions apply as if a reference in the provisions to—

(a)the government assessor were a reference to the scheme manager; and

(b)deciding an application for assistance were a reference to deciding whether the person has received, or is likely to receive, an uncounted relevant payment; and

(c)the applicant were a reference to the person; and

(d)an act of violence in relation to which assistance is sought were a reference to the act of violence in relation to which the assistance was granted.

(5)If the scheme manager asks an entity for information under an applied provision, the scheme manager must, within 28 days after the request is made, give the person a notice stating the name of the entity from whom information has been requested.

s 106C ins 2017 No. 8 s 72

106D Decision about receipt of uncounted relevant payment

(1)This section applies if—

(a)the response period for an amendment notice has ended; and

(b)the person to whom the notice was given has not applied during the response period to amend the grant of assistance under division 1 in relation to the uncounted relevant payment; and

(c)information requested by the scheme manager under an applied provision within the meaning of section 106C has been received or the scheme manager’s request for the information has been otherwise dealt with.

(2)The scheme manager must decide whether the person has received, or is likely to receive, an uncounted relevant payment.

(3)In making the decision, the scheme manager must—

(a)consider all oral or written representations made by the person during the response period; and

(b)observe the principles of natural justice.

s 106D ins 2017 No. 8 s 72

106E Amendment of grant of assistance

(1)This section applies if, under section 106D, the scheme manager decides the person has received, or is likely to receive, an uncounted relevant payment.

(2)The scheme manager must amend the amount of assistance granted to reduce it to the amount that would have been granted under section 86 if the government assessor had taken the uncounted relevant payment into account when the assistance was granted.

(3)If, after the reduction, an amount of assistance remains payable to the person, the scheme manager must decide the component of assistance for which the amount is payable.

(4)In making the decision, the scheme manager must have regard to the following—

(a)the person’s needs;

(b)whether the person has incurred expenses;

(c)anything else the scheme manager considers relevant.

s 106E ins 2017 No. 8 s 72

106F Notice of decision

The scheme manager must give the person a notice stating the following—

(a)the decisions under section 106D(2) and 106E(3);

(b)the reasons for the decisions;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decisions.

s 106F ins 2017 No. 8 s 72

106G Refund of excess assistance

(1)If the grant of assistance is amended under this division, the person must refund to the State the amount of assistance paid to the person in excess of the amount of assistance granted following the amendment.

(2)An amount refundable under this section is a debt payable to the State by the person.

s 106G ins 2017 No. 8 s 72

107Purpose of pt 16

This part helps the State to recover assistance granted for an act of violence from a person who is convicted of a relevant offence for the act.

108References to assistance granted for an act of violence

In this part, a reference to assistance granted for an act of violence is a reference to assistance granted as victim assistance, or funeral expense assistance, in relation to the act.

109Recovery available only for assistance that is paid

The State may, under this part, recover assistance, or a part of assistance, granted for an act of violence from a person who is convicted of a relevant offence for the act only if the assistance or part has been paid to a person under part 13, division 2.

Note—

See section 118 for the reduction in a person’s liability to pay an amount to the State if the amount of assistance in relation to which the liability accrued is reduced after it is granted. See also section 117(5).

110Recovery available only after appeal rights exhausted

The State may, under this part, recover assistance granted for an act of violence from a person who is convicted of a relevant offence for the act only if—

(a)if the convicted person has appealed the conviction—the appeal is decided and the conviction is upheld; or

(b)otherwise—the period within which the person may appeal the conviction has passed.

110A Recovery available only if action taken within 6 years

The State may, under this part, recover assistance granted for an act of violence from a person only if action to recover the assistance is started within 6 years after the later of the following days—

(a)the day the person was convicted of a relevant offence for the act;

(b)the day the application for the grant of the financial assistance was made.

s 110A ins 2017 No. 8 s 73

111Recovery limited to category of act of violence for which assistance granted

(1)This section applies if—

(a)a person was granted special assistance for an act of violence; and

(b)a person is convicted of a relevant offence for the act of violence; and

(c)the conviction is for an offence involving an act of violence of a category that is lower than the category for which special assistance was granted.

Note—

See schedule 2, section 4 for the order of categories of acts of violence.

(2)For the special assistance granted to the person mentioned in subsection (1)(a), the State may, under this part, recover from the convicted person the amount stated in schedule 2, section 2 for the category of the act of violence involved in the offence.

Example—

A person is granted $10,000 as special assistance for an act of violence on the basis the act is attempted murder, which is a category A act of violence. A person is convicted of the offence of causing grievous bodily harm arising out of substantially the same facts and circumstances as those constituting the act, which is a category B act of violence. The State may recover $3,500 from the convicted person, which is the amount stated in schedule 2, section 2 for a category B act of violence.

(3)To remove any doubt, it is declared that subsection (2) does not affect the amount of assistance other than special assistance granted to the person mentioned in paragraph (a) that the State may, under this part, recover from the convicted person.

s 111 amd 2017 No. 8 s 74

112Recovery from multiple offenders

(1)This section applies if 2 or more persons are convicted of a relevant offence for the act of violence for which assistance is granted.

(2)The total amount the State may, under this part, recover from the convicted persons must be divided equally between them, and each convicted person is liable to pay no more than that person’s share of the total amount.

Example—

A person is granted assistance of $60,000 for an act of violence. Three persons are convicted of a relevant offence for the act. The State may recover only up to $20,000 from each convicted person.

113Using information obtained for application

The scheme manager may use information obtained under part 12, division 1 or section 74, 75, 76 or 77 for the following purposes—

(a)the State recovering an amount from a person under this part;

(b)obtaining information from a court under section 114.

s 113 amd 2017 No. 8 s 75

114Obtaining information from court

(1)The scheme manager may, for the purpose of the State recovering an amount from a person under this part, ask the registrar of a court—

(a)to confirm whether a stated person has been convicted of a relevant offence for a stated act of violence for which assistance has been granted; or

(b)for a stated person who has been convicted of a relevant offence for an act of violence for which assistance has been granted—for information about—

(i)the offence; and

(ii)the sentence imposed on the person, including, whether the sentencing court made, under the Penalties and Sentences Act 1992, section 35(1), an order requiring the person to pay someone else an amount by way of restitution or compensation; or

(c)the identifying particulars for a stated person, including—

(i)the person’s full name, date of birth and gender; and

(ii)the person’s address or, if the person has been sentenced to a period of imprisonment, the place at which the person is being detained for the period.

(2)The registrar must give the requested information to the scheme manager if the registrar is satisfied the information will help the State to recover an amount under this part.

(3)The registrar may give the requested information by allowing the scheme manager to access an electronic database maintained for the court.

(4)If the registrar gives the scheme manager access to an electronic database as mentioned in subsection (3), the access to, and the use of, the database is limited to the extent it is connected with the requested information.

(5)The giving of information by the registrar under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(6)In this section—

registrar, in relation to a Magistrates Court, means the clerk of that court.

s 114 amd 2017 No. 8 s 76

114A Obtaining information from SPER registrar

(1)The scheme manager may, for the purpose of the State recovering an amount from a person under this part, ask the SPER registrar for information mentioned in subsection (2) in relation to a stated act of violence.

(2)For subsection (1), the information is—

(a)information about an unpaid amount—

(i)ordered by a court to be paid to a person, under the Penalties and Sentences Act 1992, by way of restitution or compensation for the act of violence; and

(ii)particulars of which are registered under the State Penalties Enforcement Act 1999, section 34; and

(b)the address of the offender for an unpaid amount mentioned in paragraph (a).

(3)The SPER registrar must comply with the request if the registrar is reasonably satisfied the information will help the State recover an amount under this part.

(4)The giving of information by the SPER registrar under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

s 114A ins 2017 No. 8 s 77

114B Obtaining information from chief executive (transport)

(1)The scheme manager may, for the purpose of the State recovering an amount from a person under this part, ask the chief executive (transport) for the address of a stated person who has been convicted of a relevant offence for a stated act of violence.

(2)The chief executive (transport) must comply with the request if the chief executive is reasonably satisfied the information will help the State recover an amount under this part.

(3)The giving of information by the chief executive (transport) under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act.

s 114B ins 2017 No. 8 s 77

115Notice of intended recovery

Before the State may, under this part, recover from a person all or a part of the assistance granted to someone else, the scheme manager must give the person a notice stating—

(a)the date on which the assistance was granted; and

(b)the amount of the assistance granted and the conditions imposed on the grant; and

(c)the act of violence for which the assistance was granted; and

(d)whether the assistance was granted to a primary victim, secondary victim or related victim of the act of violence; and

(e)the offence of which the person has been convicted that the scheme manager claims is a relevant offence for the act of violence for which the assistance was granted; and

(f)the amount of the assistance, or the part of the assistance, the State seeks to recover from the person under this part; and

(g)that the person may—

(i)within 14 days after being given the notice, dispute a claim mentioned in paragraph (e) by giving the scheme manager notice of the dispute; and

(ii)if the person does not agree with the scheme manager’s decision given after considering the notice of the dispute—apply to QCAT for a review of the scheme manager’s decision; and

(h)that when the question of whether the offence of which the person has been convicted is a relevant offence for the act of violence for which the assistance was granted is no longer in dispute, the person is liable to pay the amount mentioned in paragraph (f) to the State under section 117(4); and

(i)anything else prescribed under a regulation.

s 115 amd 2017 No. 8 s 78

116Disputing claim that conviction relates to act of violence

(1)This section applies if a person who is given a notice under section 115 disputes the claim mentioned in the notice that the offence of which the person has been convicted is a relevant offence for the act of violence for which the assistance was granted.

(2)The person may, within 14 days of being given the notice, give notice of the dispute (the dispute notice) to the scheme manager.

(3)The dispute notice must state the facts relied on by the person to dispute the claim.

(4)After considering the dispute notice, the scheme manager must decide whether the offence is a relevant offence for the act of violence for which the assistance was granted.

(5)The scheme manager must give the person notice of the scheme manager’s decision.

(6)If the scheme manager’s decision is that the offence is a relevant offence for the act of violence for which the assistance was granted, the notice given under subsection (5) must be a QCAT information notice.

(7)The person may apply, as provided under the QCAT Act, to QCAT for a review of the scheme manager’s decision.

117Offender’s liability to pay generally

(1)This section applies if—

(a)the scheme manager has given a person a notice under section 115 (the recovery notice); and

(b)the question of whether the offence of which the person has been convicted is a relevant offence for the act of violence for which the assistance was granted is no longer in dispute.

(2)For subsection (1)(b), the question is no longer in dispute if—

(a)the person has not, for the offence, given the scheme manager a dispute notice under section 116(2) within 14 days after the scheme manager gave the person the recovery notice; or

(b)the person has, for the offence, given the scheme manager a dispute notice under section 116(2) within 14 days after the scheme manager gave the person the recovery notice and—

(i)the consideration of the dispute mentioned in the dispute notice has been finally decided by the scheme manager under section 116(4), by QCAT on any review of the scheme manager’s decision or by another entity on any appeal against QCAT’s decision; and

(ii)the result of the consideration is that the offence of which the person has been convicted is a relevant offence for the act of violence for which the assistance was granted.

(3)The scheme manager must give the person a notice stating—

(a)the amount (payable amount) the State seeks to recover from the person under this part; and

(b)that under subsection (4), the person is liable to pay the stated amount to the State within a stated period of at least 28 days (the payment period); and

(c)that if the person does not pay the stated amount within the stated period, the scheme manager may give particulars of the amount to the SPER registrar for registration under that Act.

(4)The person is liable to pay the State the payable amount within the payment period.

Note—

See section 95 for the application of assistance granted to a person towards satisfying the person’s liability to pay under subsection (4).

(5)For subsection (3)(a), the amount must be—

(a)the amount mentioned in the recovery notice as the amount the State seeks to recover from the person under this part; or

(b)if, after the recovery notice was given to the person, the amount of assistance granted to a person for the act of violence is, under this chapter, reduced to an amount that is lower than the amount mentioned in paragraph (b)—the lower amount.

118Reduction in offender’s liability to pay if assistance refunded

(1)This section applies if—

(a)in relation to assistance granted to a person (the victim) for an act of violence, a person (offender) convicted of a relevant offence for the act becomes liable to pay an amount (payable amount) to the State under section 117(4); and

(b)the amount of assistance granted to the victim is, under this chapter, reduced to an amount (the new amount) that is less than the payable amount.

(2)The offender’s liability under section 117(4) is reduced to the new amount.

(3)The scheme manager must give the offender a notice stating the new amount and the effect of subsection (2).

(4)If the offender has already paid the State an amount more than the new amount, the difference (excess amount) between the amount already paid and the new amount must be refunded to the offender.

(5)However, if under section 95 an amount of assistance granted to the offender (offset amount) was taken to be paid to the State for satisfying the offender’s liability under section 117(4), the following applies—

(a)if paragraph (b) does not apply—the excess amount must be paid to the offender as assistance;

(b)if the excess amount is more than the offset amount—the part of the excess amount equivalent to the offset amount.

Example—

The victim is paid assistance of $10,000. The offender becomes liable to pay $10,000 to the State under section 117(4). The offender is granted assistance of $5,000 but it is taken, under section 95, to be paid to the State for satisfying the offender’s liability under section 117(4) (which is the offset amount). The offender also pays a further $4,000 towards satisfying the offender’s liability under section 117(4), bringing the total payment to $9,000.

The assistance granted to the victim is reduced to $3,000. The offender’s liability to the State is also reduced to $3,000 under subsection (2). The excess amount is $6,000, which is the difference between what the offender has paid and the offender’s new liability to the State. Because the offender was taken, under section 95, to have paid $5,000 to the State for satisfying the offender’s liability, $5,000 must be paid to the offender as assistance and the remaining $1,000 of the excess amount is refunded to the offender.

(6)If, under subsection (5), an amount is paid to the offender as assistance, the government assessor must—

(a)decide the component of assistance for which the amount is payable, having regard to—

(i)the components (if any) for which assistance granted to the person was paid or payable under section 95; and

(ii)the offender’s needs; and

(iii)whether the offender has incurred any expenses for which assistance has not already been paid or become payable under section 95; and

(iv)anything else the government assessor considers relevant; and

(b)give the offender a notice stating—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

119Reduction in offender’s liability to pay if amount received under Corrective Services Act 2006

(1)This section applies if—

(a)a person (offender) becomes liable to pay an amount (payable amount) to the State under section 117(4); and

(b)the chief executive is, under the Corrective Services Act 2006, paid an amount (the corrective services amount) from the offender’s prisoner’s account, or victim trust fund, under that Act.

Note—

See the Corrective Services Act 2006, section 314 and the Corrective Services Regulation 2006, section 44 (for payments from prisoner’s accounts) and the Corrective Services Act 2006, chapter 6, part 12B, division 4 (for payments from victim trust funds).

(2)The offender’s liability under section 117(4) is reduced by the corrective services amount.

(3)The scheme manager must give the offender a notice stating—

(a)the effect of subsection (2); and

(b)the amount the offender is liable to pay after the reduction under subsection (2).

(4)This section does not limit the Corrective Services Act 2006, section 319ZD(4).

120Registration of unpaid amount under State Penalties Enforcement Act 1999

(1)If a person who is liable to pay an amount under section 117(4) fails to pay the amount, or pays only a part of the amount, the scheme manager may give particulars of the unpaid amount to the SPER registrar for registration under the State Penalties Enforcement Act 1999, section 34 as if—

(a)the notice given under section 117(3) were an order of a court fining a person the amount stated in the notice; and

(b)the scheme manager were the registrar of that court; and

(c)the particulars were the prescribed particulars of the unpaid amount of a fine imposed by that court.

(2)The SPER registrar must register the particulars under the State Penalties Enforcement Act 1999, section 34 and for that purpose that Act applies with all necessary and convenient changes.

(3)The imprisonment provisions do not apply in relation to an amount payable under section 117(4).

(4)For this section, the person who is liable to pay an amount under section 117(4) fails to pay the amount if—

(a)the scheme manager gives the person a notice under section 117(3) about the amount; and

(b)the person fails to pay the amount within the period stated in the notice, or a longer period agreed to by the scheme manager.

(5)If the person’s liability to pay an amount under section 117(4) is reduced under section 118 or 119—

(a)the scheme manager must give the SPER registrar notice of the reduction; and

(b)the SPER registrar must amend the particulars registered under the State Penalties Enforcement Act 1999, section 34 to reflect the reduction.

(6)In this section—

imprisonment provisions means the following—

(a)the State Penalties Enforcement Act 1999, section 52 to the extent it applies to an arrest and imprisonment warrant, and the other provisions of that Act relating to arrest and imprisonment warrants;

(b)the State Penalties Enforcement Act 1999, part 6.

s 120 amd 2017 No. 13 s 90 sch 1

121Application of pt 17

This part applies if a person is, in relation to the person’s application for assistance, convicted of an offence against—

(a)section 141(1) or (2); or

(b)the Criminal Code, section 408C or 488.

s 121 amd 2017 No. 8 s 79

122Lapse of application if not decided

If the person’s application has not been decided, the application lapses.

123Refund of paid assistance and unpaid assistance stops being payable

(1)This section applies if—

(a)the person has been granted assistance in relation to the application; and

(b)in the prosecution of the person, the prosecuting agency proves the assistance was granted on the basis of the person’s acts or omissions constituting the offence.

(2)The assistance is taken never to have been granted and the person must refund to the State any amount of the assistance paid to the person.

(3)An amount that is refundable under this section is a debt owed to the State by the person.

(4)Any part of the amount of assistance not paid to the person stops being payable to the person.

124Internal review of decision

(1)An applicant to whom a decision identified in schedule 1 applies may apply to the scheme manager for a review of the decision.

(2)An application for a review of the decision must—

(a)be made within 28 days after the applicant is given notice of the decision; and

(b)state in detail the basis on which the applicant is aggrieved by the decision.

(3)However, the scheme manager may, at any time, extend the time for applying for a review of the decision if the scheme manager considers it is reasonable in the circumstances to do so.

(4)The making of an application for a review of a decision under this section does not affect the operation of the decision or prevent the decision being implemented.

(5)The review must be conducted by—

(a)for a decision of a government assessor—

(i)the scheme manager; or

(ii)another government assessor nominated by the scheme manager; or

(b)for a decision of the scheme manager—a departmental employee, of a classification level in the public service that is the same as or higher than the scheme manager’s classification level, nominated by the chief executive.

(6)If a review is conducted by a departmental employee under subsection (5)(b), any decision on the review is taken to be a decision of the scheme manager.

(7)The person conducting the review—

(a)has, in reviewing the decision, the same powers as the original decision-maker; and

(b)may—

(i)confirm or amend the decision being reviewed; or

(ii)substitute the person’s own decision for the decision being reviewed; and

(c)must give the applicant a QCAT information notice about the person’s decision.

(8)An application for a review of a decision under this section must be decided within 42 days after it is made.

s 124 amd 2017 No. 8 s 80

125External review of reviewed decision

(1)This section applies if a decision is confirmed, amended or substituted on review under section 124 (the internal review decision).

(2)The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the internal review decision.

Note—

The QCAT Act, section 22(3) provides that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.

s 125 amd 2017 No. 8 s 81

126Effect of reducing amount of assistance

(1)This section applies if, following a review of a decision under section 124 or 125, the amount of assistance granted to a person is reduced.

(2)The person must refund to the State the amount of assistance paid to the person in excess of the amount of assistance granted following the review.

(3)An amount that is refundable under this section is a debt owed to the State by the person.

127Scheme manager

(1)The chief executive must appoint, in writing, a manager of victims assistance.

(2)A person is eligible for appointment as the manager of victims assistance if the person is—

(a)a public service employee; and

(b)appropriately qualified for the functions and powers of the manager of victims assistance under this Act.

(3)The appointment of the scheme manager is subject to the conditions stated in the document of appointment.

(4)The scheme manager stops being the scheme manager—

(a)at the end of the term of appointment stated in the document of appointment; or

(b)if the scheme manager stops being a public service employee.

(5)The scheme manager may do all things necessary or convenient to be done for the performance of the scheme manager’s functions under this Act.

(6)The scheme manager may perform all the functions and exercise all the powers of a government assessor under this Act.

(7)A reference to a government assessor in this Act includes a reference to the scheme manager performing a function or exercising a power of a government assessor under subsection (6).

128Government assessors

(1)As many government assessors as are required for the proper administration of the scheme must be appointed.

(2)Government assessors are to be appointed by the chief executive in writing.

(3)A person is eligible for appointment as a government assessor if the person is—

(a)a public service employee; and

(b)appropriately qualified for the functions and powers of government assessors under this Act.

(4)The appointment of a government assessor is subject to the conditions stated in the document of appointment.

(5)A government assessor stops being a government assessor—

(a)at the end of the term of appointment stated in the document of appointment; or

(b)if the assessor stops being a public service employee.

(6)A government assessor may do all things necessary or convenient to be done for the performance of the government assessor’s functions under this Act.

129Delegation by scheme manager

The scheme manager may delegate the scheme manager’s functions under this chapter to an appropriately qualified—

(a)government assessor; or

(b)departmental employee.

130Disclosure of interests

(1)This section applies if the scheme manager, a government assessor or a departmental employee who is to perform a function, or exercise a power, under this chapter in relation to a particular application has or acquires an interest, financial or otherwise, that may conflict with the proper performance of the function or exercise of the power.

(2)The scheme manager must disclose the nature of the interest to the chief executive.

(3)The government assessor must disclose the nature of the interest to the scheme manager.

(4)The departmental employee must disclose the nature of the interest to the chief executive.

(5)If—

(a)a disclosure is made under subsection (2), the chief executive must choose a departmental employee, of a classification level in the public service that is the same as or higher than the scheme manager’s classification level, to deal with the application; or

(b)a disclosure is made under subsection (3), the scheme manager must choose another government assessor to deal with the application; or

(c)a disclosure is made under subsection (4), the chief executive must choose another departmental employee to deal with the application.

(6)In this section—

application means—

(a)an application for assistance; or

(b)an application for amendment of assistance under section 101; or

(c)an application for interim assistance under part 14; or

(d)an application for the review of a decision under section 124.

s 130 amd 2017 No. 8 s 82

131Guidelines

(1)The chief executive may make guidelines about—

(a)the performance of a function or exercise of a power by the scheme manager under this chapter; or

(b)the performance of a function or exercise of a power by a government assessor under this chapter.

(2)The chief executive must—

(a)publish the guidelines on the department’s website; and

(b)keep a copy of the guidelines available for inspection by the public at the main office of the victims assistance unit during ordinary office hours on business days.

(3)A person may, without payment of a fee, obtain a copy of the guidelines from the scheme manager.

(4)A person performing a function or exercising a power under this chapter must have regard to the guidelines when performing the function or exercising the power.

132Table of costs

(1)The chief executive may approve a table (table of costs) stating the costs the chief executive considers to be an appropriate guide, for the time being, for deciding whether costs are reasonable for the scheme.

(2)The chief executive must—

(a)publish the table of costs on the department’s website; and

(b)keep a copy of the table of costs available for inspection by the public at the main office of the victims assistance unit during ordinary office hours on business days.

(3)A person may, without payment of a fee, obtain a copy of the table of costs from the scheme manager.

(4)In having regard to the table of costs, a person must give proper weight to, but is not bound by, the table.

(5)In this section—

costs means costs for counselling services, incidental travel, medical treatment, ambulance services or obtaining a report from a counsellor or health practitioner.

133Giving information to corresponding scheme managers

(1)The scheme manager may give the following information to a corresponding scheme manager if the corresponding scheme manager asks for it—

(a)whether a stated person has applied for financial assistance under the scheme in relation to an act of violence and, if so, details of—

(i)the act of violence in relation to which the application is made; and

(ii)the injury (if any) in relation to which the application is made;

(b)the status of an application for financial assistance under the scheme for a stated act of violence by a stated person, including, if assistance is granted in relation to the act—

(i)the amount of assistance granted; and

(ii)the expenses, loss of earnings or other component for which assistance is granted.

(2)The scheme manager may give the information only if the scheme manager is reasonably satisfied the corresponding scheme manager needs the information for deciding the person’s application for assistance under a corresponding scheme.

(3)A person who acquires information, or accesses a document containing information, given under subsection (2) must not do either of the following—

(a)disclose to anyone else—

(i)the information; or

(ii)the contents of or information contained in the document;

(b)give access to the document to anyone else.

Maximum penalty—100 penalty units or 2 years imprisonment.

(4)Subsection (3) does not apply to the disclosure of information, or the giving of access to a document, about a person—

(a)with the person’s consent; or

(b)in connection with the performance of a function under the law that provides for the corresponding scheme; or

(c)as required or authorised under an Act or law.

(5)In this section—

corresponding scheme means a scheme (however called) under a law of the Commonwealth or another State that provides for the payment of financial assistance (however called) to victims of violence.

corresponding scheme manager means a person who has similar functions to the scheme manager in relation to a corresponding scheme.

134Arrangement with corresponding scheme managers about giving and receiving information

(1)This section applies to the scheme manager and a corresponding scheme manager—

(a)only to the extent this Act or another law allows the scheme manager to give information to the corresponding scheme manager; and

(b)only to the extent another law allows the corresponding scheme manager to give information to the scheme manager.

(2)The scheme manager and corresponding scheme manager may enter into a written arrangement by which the information is given and received.

(3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information.

(4)However, if information is to be electronically transferred and, under this Act or another law, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

(5)In this section—

corresponding scheme means a scheme (however called) under a law of the Commonwealth or another State that provides for the payment of financial assistance (however called) to victims of violence.

corresponding scheme manager means a person who has similar functions to the scheme manager in relation to a corresponding scheme.

135Other information-sharing arrangements

(1)This section applies to the extent another provision of this Act allows another entity to give information to a government assessor.

(2)The chief executive and the entity may enter into a written arrangement for giving the information.

(3)Without limiting subsection (2), the arrangement may provide for the electronic transfer of information.

(4)However, if the information is to be electronically transferred and, under this Act, there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.

137Inadmissibility of particular matters

(1)The following is inadmissible in any proceeding for the prosecution of a relevant offence for an act of violence—

(a)that a person has applied for, or has or has not been granted, assistance in relation to the act of violence;

(b)a decision of the scheme manager, a government assessor or a departmental employee about an application for assistance in relation to an act of violence, including—

(i)a decision on a question of fact relating to the act of violence; and

(ii)a decision to grant or not grant assistance.

(2)In this section—

application for assistance means—

(a)an application for assistance; or

(b)an application for amendment of assistance under section 101; or

(c)an application for interim assistance under part 14; or

(d)an application for the review of a decision under section 124.

s 137 amd 2017 No. 8 s 84

138Appointment of victim services coordinator

(1)The chief executive must appoint a victim services coordinator in writing.

(2)A person is eligible for appointment as the victim services coordinator if the person is—

(a)a public service employee; and

(b)appropriately qualified for the functions and powers of the victim services coordinator under this Act.

(3)The appointment of the victim services coordinator is subject to the conditions stated in the document of appointment.

(4)The victim services coordinator stops being the victim services coordinator—

(a)at the end of the term of appointment stated in the document of appointment; or

(b)if the victim services coordinator stops being a public service employee.

(5)The victim services coordinator may do all things necessary or convenient to be done for the performance of the coordinator’s functions under this Act.

139Functions of victim services coordinator

(1)The functions of the victim services coordinator are—

(a)to undertake or commission research about the needs of victims; and

(b)to develop educational and other programs to promote awareness of the needs of victims and of the rights stated in the victims charter; and

(c)to distribute information about the operation of this Act, and the coordinator’s functions, to—

(i)victim service providers; and

(ii)the public generally; and

(d)to help victim service providers to coordinate the services provided by them so that the services are provided in a way that is effective and efficient; and

(e)to help government entities and non-government entities comply with the victims charter; and

(f)to deal with complaints made to the victim services coordinator under section 19, or referred to the victim services coordinator under section 20, about contraventions of the victims charter by prescribed persons; and

(g)to assist victims in obtaining the information or assistance they need as a victim.

(2)In this section—

victim includes a person who has suffered harm as a direct result of witnessing a crime or domestic violence committed against someone else.

victim service providers means entities who provide services to help victims.

s 139 amd 2017 No. 8 s 85

140Confidentiality

(1)This section applies to a prescribed person who has, in the course of administering this Act or because of an opportunity provided by involvement in administering this Act—

(a)acquired information about someone else; or

(b)gained access to a document about someone else.

(2)The prescribed person must not do either of the following—

(a)disclose to anyone else—

(i)the information; or

(ii)the contents of or information contained in the document;

(b)give access to the document to anyone else.

Maximum penalty—100 penalty units or 2 years imprisonment.

(3)Subsection (2) does not apply to the disclosure of information, or the giving of access to a document, about a person—

(a)with the person’s consent; or

(b)in connection with the performance of a function under this Act; or

(c)as required or authorised under an Act or law, including under section 133 or 140A.

(4)In this section—

prescribed person means a person who is or has been involved in the administration of this Act, including a person who is or has been an official.

s 140 amd 2017 No. 8 s 86

140A Disclosure by scheme manager of information for research purposes

(1)The scheme manager may disclose confidential information to a person undertaking research if—

(a)the scheme manager is satisfied the research is genuine; and

(b)the person gives a written undertaking to preserve the confidentiality of the information and the anonymity of the person to whom the information relates.

(2)The person must not contravene the undertaking.

Maximum penalty—200 penalty units.

(3)If the person contravenes the undertaking and, by contravening it, also contravenes the Child Protection Act 1999, section 189, the person may be prosecuted under this section or the Child Protection Act 1999, section 189 at the election of the prosecution.

(4)In this section—

confidential information means information about a person.

s 140A ins 2017 No. 8 s 87

141False or misleading information

(1)A person must not state to an official anything the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(2)A person must not give an official a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(3)Subsection (2) does not apply to a person if the person, when giving the document—

(a)tells the official, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

141A Requirement to notify scheme manager about relevant payment

(1)This section applies to an applicant for assistance for an act of violence if, before the application is decided under section 89 or interim assistance is granted to the applicant under section 98, the applicant receives a relevant payment for the act of violence.

(2)The applicant must give the scheme manager written or oral notice of the relevant payment within 28 days after receiving the payment, unless the applicant has a reasonable excuse.

Maximum penalty—100 penalty units.

s 141A ins 2017 No. 8 s 88

141B Requirement to comply with mandatory condition

An applicant to whom assistance or interim assistance is granted must not, without a reasonable excuse, contravene the condition imposed on the grant of the assistance under section 89(2) or 98(2).

Maximum penalty—100 penalty units.

s 141B ins 2017 No. 8 s 88

142Proceedings for offences

An offence against this Act may be prosecuted in a summary way under the Justices Act 1886.

143Protection from civil liability

(1)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents civil liability attaching to an official, the liability attaches instead to the State.

(3)This section does not apply to an official if the official is a State employee within the meaning of the Public Service Act 2008, section 26B(4).

Note—

For protection from civil liability in relation to State employees—see the Public Service Act 2008, section 26C.

s 143 amd 2017 No. 8 s 89

145Approved forms

The chief executive may approve forms for use under this Act.

146Regulation-making power

The Governor in Council may make regulations under this Act.

149Repeal

The Criminal Offence Victims Act 1995, No. 54 is repealed.

150Definitions for pt 2

In this part—

commencement means the commencement of this section.

compensation includes an amount by way of compensation.

injury means—

(a)for compensation or another amount payable under the repealed Act—injury as defined under section 20 of that Act; or

(b)for compensation or another amount payable under the repealed Criminal Code chapter—injury as defined under section 663A of that chapter; or

(c)for division 5—

(i)injury within the meaning of paragraph (a) or (b) for a personal offence committed before the commencement; or

(ii)injury within the meaning of section 27 for a personal offence committed after the commencement.

personal offence means—

(a)for compensation or another amount payable under the repealed Act—personal offence as defined under section 21 of that Act; or

(b)for compensation or another amount payable under the repealed Criminal Code chapter—an indictable offence relating to the person of any person; or

(c)for division 5—

(i)a personal offence within the meaning of paragraph (a) or (b) committed before the commencement; or

(ii)a prescribed offence within the meaning of section 25(8) committed after the commencement.

previous prescribed offence means—

(a)in relation to the payment of an amount under section 33 of the repealed Act or section 663D(1)(b) or (c) of the repealed Criminal Code chapter—a personal offence; or

(b)in relation to the payment of an amount under section 34 of the repealed Act or section 663D(1)(a) of the repealed Criminal Code chapter—

(i)for a person helping a police officer to make or attempt to make an arrest—the offence in relation to which the police officer was attempting to make, or making, the arrest, or another offence arising out of substantially the same facts and circumstances as those in relation to which the police officer was attempting to make, or making, the arrest; or

(ii)for a person helping a police officer to prevent, or attempt to prevent, an offence or suspected offence—the offence or suspected offence; or

(c)in relation to the payment of an amount under section 35 of the repealed Act—a murder or manslaughter.

relevant event means—

(a)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(a) of the repealed Act—the end of the trial for the personal offence in relation to which the person’s entitlement to make the application arose; or

(b)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(b)(i) of the repealed Act—the finding that the person who committed the act or omission constituting the personal offence in relation to which the person’s entitlement to make the application arose was suffering from unsoundness of mind when doing the act or making the omission, or was not fit for trial, under the Mental Health Act 2000, chapter 7, part 6; or

(c)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(b)(ii) of the repealed Act, or section 663D(1)(b) or (c)(ii) of the repealed Criminal Code chapter—the doing of the act or the making of the omission constituting the personal offence in relation to which the person’s entitlement to make the application arose; or

(d)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(c) of the repealed Act, or section 663D(1)(c)(i) of the repealed Criminal Code chapter—the notification of the person by the investigating police officer that the person who committed the personal offence in relation to which the person’s entitlement to make the application arose can not be identified or found after appropriate inquiry and search; or

(e)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 34 of the repealed Act, or section 663D(1)(a) of the repealed Criminal Code chapter—the giving of the help to the police officer; or

(f)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 35 of the repealed Act—the death in relation to which the person’s entitlement to make the application arose; or

(g)for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 663D(1)(c)(iii) of the repealed Criminal Code chapter—when the prosecution process for the indictment presented for the personal offence in relation to which the person’s entitlement to make the application arose ends, including, for example, because—

(i)the prosecuting agency decides not to continue with the indictment or any other indictment for the personal offence; or

(ii)the trial for the personal offence ends and the person is not convicted of the offence; or

(iii)the prosecution process for the indictment ends in another way.

repealed Act means the repealed Criminal Offence Victims Act 1995, as in force from time to time before its repeal.

repealed Criminal Code chapter means the Criminal Code, chapter 65A, as it continued to apply from time to time under section 46(2) of the repealed Act.

Note—

The Criminal Code, chapter 65A was repealed on 18 December 1995 by section 45 and schedule 2 of the repealed Act as originally enacted.

repealed legislation means the repealed Act or the repealed Criminal Code chapter.

151References to person making an application

In this part, if at a particular time a person has made an application but has withdrawn it before it is decided, the person is taken at that time to not have made the application.

Example—

At the commencement, a person has made an application under the repealed Act but has withdrawn it before it was decided. The person is taken, at the commencement, to not have made the application.

152Acts Interpretation Act 1954, s 20 not limited

Subject to sections 155(6), 160(5) and 164(5), this part does not limit the Acts Interpretation Act 1954, section 20.

153Application of Act to acts done before commencement

Other than as provided under division 2, 3 or 5, chapter 3 does not apply in relation to an act of violence committed before the commencement.

154Application of div 2

(1)This division applies if—

(a)a person could have, if this chapter had not commenced, applied to a court for an order requiring the payment of compensation for injury suffered because of a personal offence committed before the commencement, under—

(i)section 24 of the repealed Act; or

(ii)section 663B of the repealed Criminal Code chapter; and

(b)at the commencement, the person has not made an application under a provision mentioned in paragraph (a)(i) or (ii) for the injury.

Note—

See division 7 if, at the commencement, the period within which a person could have applied for an order mentioned in subsection (1)(a) has already expired.

(2)For subsection (1), it is immaterial—

(a)whether the person’s injury is suffered before or after the commencement, or over a period starting before the commencement and ending after the commencement; and

(b)whether the conviction in relation to which the person’s entitlement to apply for the order arose happens before or after the commencement; and

(c)for a person to whom subsection (1)(a)(i) applies—whether the person’s entitlement to apply for the order is the result of an order made under section 41 of the repealed Act before the commencement.

Note—

See division 8 in relation to applying, under section 32 of the repealed Act or section 663C of the repealed Criminal Code chapter, to the State for the payment of an amount that must be paid under an order mentioned in subsection (1)(a).

155Person may apply for order under repealed legislation in particular circumstances

(1)If the conviction mentioned in section 154(2)(b) happens before the commencement, the person may apply for the order mentioned in section 154(1)(a) under the following provision (the relevant provision)—

(a)if section 154(1)(a)(i) applies to the person—section 24 of the repealed Act; or

(b)if section 154(1)(a)(ii) applies to the person—section 663B of the repealed Criminal Code chapter.

Note—

If the person does not make an application under this section, the person may be able to apply for assistance under section 156.

(2)The application must be made before the earlier of the following—

(a)the expiry of the period within which the person could have, if this chapter had not commenced, applied for the order mentioned in section 154(1)(a);

(b)the end of 2 months after the commencement.

(3)The court to which the application is made must hear and decide the application under the relevant provision.

(4)For subsection (3), the repealed provision, and any other provisions of the repealed legislation that are necessary or convenient to be used in relation to the application, continue to apply as if this chapter had not commenced.

(5)Without limiting subsection (3), section 28(1) of the repealed Act continues to apply in relation to the making of an order under section 24 of the repealed Act.

Note—

Division 8 provides for the application of the repealed legislation in relation to an order made under the repealed provision, including an order made after the commencement.

(6)This section applies despite the Acts Interpretation Act 1954, section 20.

156Person may apply for assistance

(1)This section applies if—

(a)the conviction mentioned in section 154(2)(b) happens on or after the commencement; or

(b)the person has not made an application under section 155 whether or not the 2 month period mentioned in section 155(2)(b) has passed.

(2)The person may apply for victim assistance.

(3)The application for victim assistance must be made—

(a)if the person is a Criminal Code applicant and the conviction mentioned in section 154(2)(b) happened 2 years or more before the commencement—

(i)if the person was an adult when the conviction happened—before the earlier of the following—

(A)the end of 6 years after the conviction;

(B)the end of 1 year after the commencement; or

(ii)if the person was a child when the conviction happened—before the later of the following—

(A)the applicant turns 21;

(B)the end of 1 year after the commencement; or

(b)in any other case—

(i)for a person who was an adult when the conviction mentioned in section 154(2)(b) happened—within 3 years after the conviction; or

(ii)for a person who was a child when the conviction mentioned in section 154(2)(b) happened—before the person turns 21.

(4)However, the scheme manager may, under section 54(2), extend the time for making an application for victim assistance under this section.

(5)In this section—

Criminal Code applicant means a person to whom section 154(1)(a)(ii) applies.

157Deciding application for assistance etc.

(1)For applying section 156 and chapter 3 to the application for victim assistance—

(a)the personal offence is taken to be an act of violence; and

(b)the person is taken to be a primary victim of the act of violence.

(2)Deciding an application for assistance under this division is subject to division 5.

Note—

Division 5 provides for how a series of related offences must be treated.

158Recovery of assistance granted

If assistance is granted under this division in relation to an act of violence, chapter 3, part 16 applies in relation to a person convicted of a relevant offence for the act, whether the conviction happens before or after the commencement.

159Application of sdiv 1

(1)This subdivision applies if—

(a)a person could have, if this chapter had not commenced, applied for the payment of an amount for injury suffered because of a previous prescribed offence committed before the commencement, under—

(i)section 33 or 34 of the repealed Act; or

(ii)section 663D of the repealed Criminal Code chapter; and

(b)at the commencement, the person has not made an application under a provision mentioned in paragraph (a)(i) or (ii) for the injury.

Note—

See division 7 if, at the commencement, the period within which a person could have applied for the payment of an amount mentioned in subsection (1)(a) has already expired.

(2)For subsection (1), it is immaterial—

(a)whether the person’s injury is suffered before or after the commencement, or over a period starting before the commencement and ending after the commencement; and

(b)for a person whose entitlement to make the application arose because of an event mentioned in section 150, definition relevant event, paragraph (a), (b), (d) or (g)—whether the relevant event happens before or after the commencement; and

(c)for a person to whom subsection (1)(a)(i) applies—whether the person’s entitlement to apply for the payment mentioned in subsection (1)(a) is the result of an order made under section 41 of the repealed Act before the commencement.

160Person may apply for assistance

(1)The person can not apply, under the repealed legislation, for the payment of an amount mentioned in section 159(1)(a) after the commencement.

(2)However, the person may apply for assistance.

(3)The application for assistance must be made—

(a)if the person is a Criminal Code applicant and the relevant event happened 2 years or more before the commencement—

(i)if the person was an adult when the relevant event happened—within 1 year after the commencement; or

(ii)if the person was a child when the relevant event happened—before the later of the following—

(A)the applicant turns 21;

(B)the end of 1 year after the commencement; or

(b)in any other case—

(i)for a person who was an adult when the relevant event happened—within 3 years after the relevant event; or

(ii)for a person who was a child when the relevant event happened—before the person turns 21.

(4)However, the scheme manager may, under section 54(2), extend the time for making an application for assistance under this section.

(5)This section applies despite the Acts Interpretation Act 1954, section 20.

(6)In this section—

Criminal Code applicant means a person to whom section 159(1)(a)(ii) applies.

161Deciding application for assistance etc.

(1)For applying section 160 and chapter 3 to the application for assistance—

(a)the previous prescribed offence is taken to be an act of violence committed after the commencement; and

(b)the person is taken to be the primary victim of the act of violence.

(2)Deciding an application for assistance under this subdivision is subject to division 5.

Note—

Division 5 provides for how a series of related offences must be treated.

162Recovery of assistance granted

If assistance is granted under this subdivision in relation to an act of violence, chapter 3, part 16 applies in relation to a person convicted of a relevant offence for the act—

(a)whether the conviction happens before or after the commencement; and

(b)whether the conviction happens before or after the assistance is granted.

163Application of sdiv 2

(1)This subdivision applies if—

(a)a person could have, if this chapter had not commenced, applied for the payment of an amount because of a previous prescribed offence committed before the commencement, under section 35 of the repealed Act; and

(b)at the commencement, the person has not made an application under section 35 of the repealed Act for the previous prescribed offence.

Note—

See division 7 if, at the commencement, the period within which a person could have applied for the payment of an amount mentioned in subsection (1)(a) has already expired.

(2)For subsection (1), it is immaterial—

(a)whether the relevant event happens before or after the commencement; and

(b)whether the person’s entitlement to apply for the payment mentioned in subsection (1)(a) is the result of an order made under section 41 of the repealed Act before the commencement.

164Person may apply for assistance

(1)The person can not apply, under the repealed legislation, for the payment of an amount mentioned in section 163(1)(a) after the commencement.

(2)However, the person may apply for assistance.

(3)The application for assistance must be made—

(a)if the person was an adult when the relevant event happened—within 3 years after the relevant event; or

(b)if the person was a child when the relevant event happened—before the person turns 21.

(4)However, the scheme manager may, under section 54(2), extend the time for making an application for assistance under this section.

(5)This section applies despite the Acts Interpretation Act 1954, section 20.

165Deciding application for assistance etc.

(1)For applying section 164 and chapter 3 to the application for assistance—

(a)the previous prescribed offence is taken to be an act of violence committed after the commencement; and

(b)the person is taken to be a related victim of the act of violence; and

(c)the person whose death in relation to which the person’s entitlement to make the application arose is taken to be the primary victim of the act of violence.

(2)Deciding an application for assistance under this subdivision is subject to division 6.

Note—

Division 6 provides for how applications by dependants or family members must be treated if some are made under the repealed Act and some are made under this subdivision.

166Recovery of assistance granted

If assistance is granted under this subdivision in relation to an act of violence, chapter 3, part 16 applies in relation to a person convicted of a relevant offence for the act—

(a)whether the conviction happens before or after the commencement; and

(b)whether the conviction happens before or after the assistance is granted.

167Existing application for compensation order of court

(1)This section applies if—

(a)a person has applied to a court for an order requiring the payment of compensation under either of the following (each the repealed provision)—

(i)section 24 of the repealed Act (including an application made under section 42 of that Act);

(ii)section 663B of the repealed Criminal Code chapter; and

(b)the application has not been finally decided before the commencement.

(2)The court must hear, or continue to hear, and decide the application under the repealed provision.

(3)For subsection (2), the repealed provision, and any other provisions of the repealed legislation that are necessary or convenient to be used in relation to the application, continue to apply as if this chapter had not commenced.

(4)Without limiting subsection (3), section 28(1) of the repealed Act continues to apply in relation to the making of an order under section 24 of the repealed Act.

Note—

Division 8 provides for the application of the repealed legislation in relation to an order made under the repealed provision, including an order made after the commencement.

168Existing application for payment of court ordered compensation by the State

(1)This section applies if—

(a)either—

(i)a court has made an order under section 24 of the repealed Act and a person has applied for the payment of an amount the subject of the order under section 32 of that Act (the repealed provision); or

(ii)a court has made an order under section 663B of the repealed Criminal Code chapter and a person has applied for the payment of an amount the subject of the order under section 663C of that chapter (also the repealed provision); and

(b)at the commencement, the application has not been finally dealt with.

(2)The entity to whom the application was made must deal with the application under the repealed provision.

(3)For subsection (2), the repealed provision, and any other provisions of the repealed legislation that are necessary or convenient to be used in relation to the application, continue to apply as if this chapter had not commenced.

(4)Without limiting subsection (3), the relevant appropriation provision continues to apply to any payment to be made in relation to the application as if this chapter had not commenced.

(5)If at the end of 3 years after the commencement the applicant has not given all the necessary information, documents or other assistance to enable the application to be decided, the application lapses.

Note—

See—

(a)for an application under section 32 of the repealed Act—section 36(4) to (6) of that Act; or

(b)for an application under section 663C of the repealed Criminal Code chapter—section 663C(2) and (3) of that chapter.

(6)If an application lapses under subsection (5), the applicant can not make a further application under this part.

(7)The scheme manager must—

(a)give the applicant notice of the effect of subsection (5) and (6); and

(b)ensure all reasonable steps are taken to give the applicant an opportunity to give the necessary information, documents or other assistance to enable the application to be decided within the 3 year period mentioned in subsection (5).

(8)In this section—

relevant appropriation provision means—

(a)for an application under section 32 of the repealed Act—section 37 of the repealed Act; or

(b)for an application under section 663C of the repealed Criminal Code chapter—section 663E(1) of the repealed Criminal Code chapter.

169Existing application for payment of another amount by the State

(1)This section applies if—

(a)a person has applied for the payment of an amount under any of the following (each the repealed provision)—

(i)section 33, 34 or 35 of the repealed Act;

(ii)section 663D of the repealed Criminal Code chapter; and

(b)the application has not been finally dealt with before the commencement.

(2)The entity to whom the application is made must deal with the application under the repealed provision.

(3)For subsection (2), the repealed provision, and any other provisions of the repealed legislation that are necessary or convenient to be used in relation to the application, continue to apply as if this chapter had not commenced.

(4)Without limiting subsection (3), the relevant appropriation provision continues to apply to any payment to be made in relation to the application as if this chapter had not commenced.

(5)If at the end of 3 years after the commencement the applicant has not given all the necessary information, documents or other assistance to enable the application to be decided, the application lapses.

Note—

See—

(a)for an application under section 33, 34 or 35 of the repealed Act—section 36(4) to (6) of that Act; or

(b)for an application under section 663D of the repealed Criminal Code chapter—sections 663D(2) and (3) of that chapter.

(6)If an application lapses under subsection (5), the applicant can not make a further application under the repealed provision.

(7)However, if at the end of the 3 year period mentioned in subsection (5) the applicant could have, if this chapter had not commenced, applied to the State for the payment of an amount under the repealed provision—

(a)if the repealed provision is section 33 or 34 of the repealed Act or section 663D of the repealed Criminal Code chapter—

(i)the applicant may apply for victim assistance; and

(ii)division 3, subdivision 1 applies in relation to the application as if the application were made under that subdivision; or

(b)if the repealed provision is section 35 of the repealed Act—

(i)the applicant may apply for victim assistance; and

(ii)division 3, subdivision 2 applies in relation to the application as if the application were made under that subdivision.

(8)The scheme manager must—

(a)give the applicant notice of the effect of subsections (5) to (7); and

(b)ensure all reasonable steps are taken to give the applicant an opportunity to give the necessary information, documents or other assistance to enable the application to be decided within the 3 year period mentioned in subsection (5).

(9)In this section—

relevant appropriation provision means—

(a)for an application under section 33, 34 or 35 of the repealed Act—section 37 of the repealed Act; or

(b)for an application under section 663D of the repealed Criminal Code chapter—section 663E(1) of the repealed Criminal Code chapter.

170Application of div 5

(1)This division applies if—

(a)a person suffers injury because of 2 or more personal offences against the person that are a series of related offences; and

(b)at least 1 of the personal offences in the series happened before the commencement; and

(c)the person makes—

(i)an application for victim assistance under this part for injury suffered because of 1 or more personal offences in the series that are committed before the commencement; or

(ii)an application for victim assistance under chapter 3 for 1 or more personal offences in the series that are committed after the commencement; or

(iii)a combination of applications as mentioned in subparagraph (i) or (ii).

(2)For subsection (1), 2 or more personal offences are a series of related offences if the acts constituting the personal offences are related because—

(a)they are committed against the same person and—

(i)are committed at about the same time; or

(ii)are committed over a period by the same person or group of persons; or

(iii)share another common factor; or

(b)they all contribute to the death of or injury to a person; or

(c)they, having regard to the circumstances of the acts, are related in some other way.

(3)However, a personal offence (later offence) is not related to a previous personal offence (earlier offence) if the later offence is committed after assistance is granted in relation to the earlier offence.

171Personal offences in the series constitute single act of violence

(1)For applying chapter 3 to an application mentioned in section 170(1)(c)—

(a)the personal offences in the series of related offences are taken to be a single act of violence; and

(b)assistance may be granted to the person only for the single act of violence.

(2)Without limiting subsection (1), if a person makes 2 or more applications as mentioned in section 170(1)(c), sections 70 and 83(4) apply in relation to the applications—

(a)as if a reference in the sections to a series of related crimes included a reference to a series of related offences within the meaning of section 170(2); and

(b)even if 1 or more of the applications were made under this part and 1 or more of the applications were made under chapter 3.

172Effect of decision under repealed legislation for personal offences in the series

(1)This section applies if a compensation order has been made in relation to 1 or more personal offences in the series of related offences.

(2)The government assessor must reduce the amount of victim assistance that would otherwise be payable to the person in relation to the single act of violence by an amount of up to the amount the person will receive, or is likely to receive, as a result of the compensation order.

(3)In this section—

compensation order means either of the following, whether made before the commencement or after the commencement under section 155, division 4 or section 177—

(a)an order under section 24 of the repealed Act, or section 663B of the repealed Criminal Code chapter, requiring the payment of compensation for injury suffered because of a personal offence;

(b)a decision under section 33 of the repealed Act, or section 663D(1)(b) or (c) of the repealed Criminal Code chapter, to pay an amount to a person for injury suffered because of a personal offence.

173Effect of application under repealed legislation for personal offences in the series

(1)This section applies if the person also has a repealed legislation application for injury suffered because of 1 or more personal offences in the series of related offences.

(2)The government assessor must—

(a)defer deciding an application mentioned in section 170(1)(c) until the repealed legislation application is decided; and

(b)if the repealed legislation application is granted—reduce the amount of victim assistance that would otherwise be payable to the person in relation to the single act of violence by an amount of up to the amount the person will receive, or is likely to receive, as a result of the repealed legislation application being granted.

(3)In this section—

repealed legislation application, for an injury suffered because of a personal offence, means an application for the payment of compensation, or the payment of an amount, for the injury—

(a)that—

(i)was made under the repealed legislation before the commencement; and

(ii)to which section 167 or 169 applies; or

(b)that was made under the repealed legislation after the commencement under section 155 or 177.

174Deciding component of assistance after reduction under s 172 or 173

(1)This section applies if, in relation to a single act of violence—

(a)the victim assistance payable to the person is reduced under section 172(2) or 173(2)(b), or both of those provisions; and

(b)an amount of victim assistance remains payable to the person after the reduction.

(2)The government assessor must—

(a)decide the component of victim assistance for which the amount is payable, having regard to—

(i)the person’s needs; and

(ii)whether the person has incurred any expenses; and

(iii)anything else the government assessor considers relevant; and

(b)give the person a notice stating—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

175Mixed applications by dependants

(1)This section applies if—

(a)someone died before the commencement in circumstances constituting murder or manslaughter; and

(b)there are 2 or more dependants of the deceased person; and

(c)1 or more of the dependants makes an application for assistance under division 3, subdivision 2; and

(d)1 or more of the other dependants—

(i)makes an application under section 35 of the repealed Act under section 177(4); or

(ii)had previously made an application under section 35 of the repealed Act—

(A)that was decided before the commencement; or

(B)to which section 169 applies.

(2)The dependants who apply for assistance under division 3, subdivision 2 are only eligible for assistance of up to the remaining COVA pool (if any) for the deceased person’s death.

(3)For applying sections 71 and 72 to an application for assistance under division 3, subdivision 2, a reference in section 71(2)(a) to a victim of the same kind does not include the dependants mentioned in subsection (1)(d).

(4)If the government assessor decides to grant assistance under division 3, subdivision 2, the notice given to the applicant under section 90 must also state the amount of the remaining COVA pool.

(5)To remove any doubt, it is declared that for this Act, the remaining COVA pool is an assistance limit for the dependants who apply for assistance under division 3, subdivision 2.

(6)In this section—

dependant means dependant as defined under schedule 3 of the repealed Act.

prescribed amount means the amount prescribed under the repealed Act for section 35(2) of that Act.

remaining COVA pool, for a deceased person’s death, means the part of the prescribed amount that has not been paid under section 35 of the repealed Act to the deceased person’s dependants for the deceased person’s death.

176Mixed applications by family members

(1)This section applies if—

(a)someone died before the commencement in circumstances constituting murder or manslaughter; and

(b)there are 2 or more members of the deceased person’s family who are not dependants of the deceased person; and

(c)1 or more of the members makes an application for assistance under division 3, subdivision 2; and

(d)1 or more of the other members—

(i)makes an application under section 35 of the repealed Act under section 177(4); or

(ii)had previously made an application under section 35 of the repealed Act—

(A)that was decided before the commencement; or

(B)to which section 169 applies.

(2)The members of the deceased person’s family who apply for assistance under division 3, subdivision 2 are only eligible for assistance of up to the remaining COVA pool (if any) for the deceased person’s death.

(3)For applying sections 71 and 72 to an application for assistance under division 3, subdivision 2, a reference in section 71(2)(a) to a victim of the same kind does not include the members mentioned in subsection (1)(d).

(4)If the government assessor decides to grant assistance under division 3, subdivision 2, the notice given to the applicant under section 90 must also state the amount of the remaining COVA pool.

(5)To remove any doubt, it is declared that for this Act, the remaining COVA pool is an assistance limit for the members who apply for assistance under division 3, subdivision 2.

(6)In this section—

dependant means dependant as defined under schedule 3 of the repealed Act.

prescribed amount means the amount prescribed under the repealed Act for section 35(3) of that Act.

remaining COVA pool, for a deceased person’s death, means the part of the prescribed amount that has not been paid under section 35 of the repealed Act to members of the deceased person’s family, who are not dependants, for the deceased person’s death.

177Existing applications for extension under repealed Act

(1)This section applies if—

(a)at the commencement, a person has—

(i)applied to a court for an order under section 41(1)(a) of the repealed Act; or

(ii)applied to the Minister for an order under section 41(1)(b) of the repealed Act; and

(b)the application has not been finally decided before the commencement.

(2)The entity to whom the application was made must decide the application under section 41 of the repealed Act.

(3)For subsection (2), section 41 of the repealed Act continues to apply as if this chapter had not commenced.

(4)If the order is made in favour of the person, despite division 2 or 3—

(a)the person may, within the period allowed by the order, make the application in relation to which the order was sought under the repealed Act; and

(b)the application must be dealt with under the repealed Act as if this chapter had not commenced.

(5)For subsection (4), the repealed Act continues to apply in relation to the application, and any decision made in relation to the application, as if this chapter had not commenced.

Note—

Division 8 provides for the application of the repealed legislation in relation to an order made under section 24 of the repealed Act, including an order made after the commencement.

(6)If the person makes an application to the State under subsection (4) and at the end of 3 years after the commencement the applicant has not given all the necessary information, documents or other assistance to enable the application to be decided, the application lapses.

Note—

See section 36(4) to (6) of the repealed Act.

(7)If an application lapses under subsection (6), the applicant can not make a further application under this part.

(8)The scheme manager must—

(a)give the applicant notice of the effect of subsection (6) and (7); and

(b)ensure all reasonable steps are taken to give the applicant an opportunity to give the necessary information, documents or other assistance to enable the application to be decided within the 3 year period mentioned in subsection (6).

178Particular persons may apply for assistance

(1)This section applies if, at the commencement—

(a)an adult who could have made an application under section 33(1)(a), (b)(i) or (c) of the repealed Act in relation to a personal offence is out of time; but

(b)3 years after the relevant event has not passed.

(2)For subsection (1)(a), an adult is out of time for making an application under section 33(1)(a), (b)(i) or (c) of the repealed Act if—

(a)the period within which the adult could have made the application, if this chapter had not commenced, has expired; and

(b)the adult has not made the application within that period.

(3)The adult can not apply for an order under section 41 of the repealed Act.

(4)However, the adult may apply for assistance under section 160 as if the adult were a person mentioned in section 159.

(5)In this section—

relevant event, in relation to an adult mentioned in subsection (1)(a), means—

(a)if the adult could have made the application under section 33(1)(a) of the repealed Act—the end of the trial for the personal offence; or

(b)if the adult could have made the application under section 33(1)(b)(i) of the repealed Act—the finding that the person who committed the act or omission constituting the personal offence was suffering from unsoundness of mind when doing the act or making the omission, or was not fit for trial, under the Mental Health Act 2000, chapter 7, part 6; or

(c)if the adult could have made the application under section 33(1)(c) of the repealed Act—the notification of the adult by the investigating police officer that the person who committed the personal offence can not be identified or found after appropriate inquiry and search.

179Particular persons may apply for approval to apply for assistance

(1)This section applies if, at the commencement, a person who could have made a relevant COVA application in relation to a personal offence is out of time.

(2)For subsection (1), a person is out of time for making a relevant COVA application if—

(a)the period within which the person could have made the application, if this chapter had not commenced, has expired; and

(b)the person has not made the application within that period.

(3)The person can not apply for an order under section 41 of the repealed Act.

(4)However, if the person has not previously applied for an order under section 41 of the repealed Act in relation to the personal offence, the person may apply to the scheme manager for approval to apply for assistance under division 2 or 3.

(5)If the scheme manager gives the approval, the person may—

(a)for a person who is out of time in relation to section 24 of the repealed Act—apply for assistance under section 156 as if the person were a person mentioned in section 154; or

(b)for a person who is out of time in relation to section 33 or 34 of the repealed Act—apply for assistance under section 160 as if the person were a person mentioned in section 159; or

(c)for a person who is out of time in relation to section 35 of the repealed Act—apply for assistance under section 164 as if the person were a person mentioned in section 163.

(6)The scheme manager may give the approval if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following—

(a)the person’s age when the personal offence was committed;

(b)whether the person has an impaired capacity;

(c)whether the person who allegedly committed the personal offence was in a position of power, influence or trust in relation to the person;

Examples of persons who may be in a position of power, influence or trust in relation to a person—

a person’s parent, spouse or carer

(d)the physical or psychological effect of the personal offence on the person;

(e)whether the delay in the person making the relevant COVA application undermines the possibility of a fair decision;

(f)any other matter the scheme manager considers relevant.

(7)The scheme manager must give the person notice of the scheme manager’s decision on the application for approval.

(8)If the scheme manager decides not to give the approval, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(9)This section does not limit section 178.

(10)In this section—

relevant COVA application means—

(a)an application for an order under section 24 of the repealed Act; or

(b)an application for the payment of an amount under section 33, 34 or 35 of the repealed Act.

180Particular persons may apply for approval to apply for assistance

(1)This section applies if, at the commencement—

(a)a person who could have made a relevant Code application in relation to a personal offence is out of time; and

(b)the person has not previously made or purported to make the application.

(2)For subsection (1), a person is out of time for making a relevant Code application if, because of the application of the Limitations of Actions Act 1974—

(a)the period within which the person could have made the application, if this chapter had not commenced, has expired; and

(b)the person has not made the application within that period.

(3)The person may apply to the scheme manager for approval to apply for assistance under division 2.

(4)If the scheme manager gives the approval, the person may apply for assistance under section 156 as if the person were a person mentioned in section 154.

(5)The scheme manager may give the approval if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following—

(a)the person’s age when the personal offence was committed;

(b)whether the person has an impaired capacity;

(c)whether the person who allegedly committed the personal offence was in a position of power, influence or trust in relation to the person;

Examples of persons who may be in a position of power, influence or trust in relation to a person—

a person’s parent, spouse or carer

(d)the physical or psychological effect of the personal offence on the person;

(e)whether the person’s delay in making the relevant Code application undermines the possibility of a fair decision;

(f)any other matter the scheme manager considers relevant.

(6)The scheme manager must give the person notice of the scheme manager’s decision on the application for approval.

(7)If the scheme manager decides not to grant the approval, the notice must state the following—

(a)the decision;

(b)the reasons for the decision;

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(c)the internal review details for the decision.

(8)In this section—

relevant Code application means an application for an order under section 663B of the repealed Criminal Code chapter.

181Application of div 8

This division applies to an order (compensation order) for the payment of compensation made by a court, whether before or after the commencement, under either of the following (each a repealed provision)—

(a)section 24 of the repealed Act;

(b)section 663B of the repealed Criminal Code chapter.

182Compensation order continues

(1)Subject to section 183, the compensation order continues in effect, and the repealed provision and any other provisions of the repealed legislation that are necessary or convenient to be applied in relation to the order continue to apply, as if this chapter had not commenced.

(2)Without limiting subsection (2) and subject to section 183—

(a)the following provisions of the repealed Act continue to apply in relation to an order made under section 24 of that Act—

(i)section 28(2);

(ii)section 28(3);

(iii)sections 32 and 37; and

(b)the following provisions of the repealed Criminal Code chapter continue to apply in relation to an order made under section 663B of that chapter—

(i)section 663B(3);

(ii)section 663B(4);

(iii)sections 663C and 663E(1).

Notes—

Section 28(2) of the repealed Act and section 663B(3) of the repealed Criminal Code chapter are about applying particular funds of a convicted person towards the payment of compensation under a compensation order.

Section 28(3) of the repealed Act and section 663B(4) of the repealed Criminal Code chapter are about enforcing a compensation order.

Section 32 of the repealed Act and section 663C of the repealed Criminal Code chapter are about obtaining an amount that must be paid under a compensation order from the State.

Section 37 of the repealed Act provides for the payment of an amount under section 32 of the repealed Act from the consolidated fund.

Section 663E(1) of the repealed Criminal Code chapter provides for the payment of an amount under section 663C of that chapter from the consolidated fund.

183Limitations about applications to State for payment of amount payable under compensation order

(1)A person may apply to the State for the payment of an amount in relation to the compensation order under section 32 of the repealed Act, or section 663C of the repealed Criminal Code chapter, only within—

(a)if the compensation order was made before the commencement—6 months after the commencement; or

(b)if the compensation order is made on or after the commencement—6 months after the order is made.

(2)If at the end of 3 years after the commencement a person who makes an application under subsection (1) has not given all the necessary information, documents or other assistance to enable the application to be decided, the application lapses.

Note—

See—

(a)for an application under section 32 of the repealed Act—section 36(4) to (6) of that Act; or

(b)for an application under section 663C of the repealed Criminal Code chapter—section 663C(2) and (3) of that chapter.

(3)If an application lapses under subsection (2), the applicant can not make a further application under this part.

(4)The scheme manager must—

(a)give the applicant notice of the effect of subsection (2) and (3); and

(b)ensure all reasonable steps are taken to give the applicant an opportunity to give the necessary information, documents or other assistance to enable the application to be decided within the 3 year period mentioned in subsection (2).

184State’s rights in relation to amounts paid continue

(1)Sections 27 and 38 of the repealed Act continue to apply, as if this chapter had not commenced, in relation to an amount paid by the State under part 3 of the repealed Act, whether before or after the commencement.

(2)For subsection (1), any other provisions of the repealed Act that are necessary or convenient to be used in relation to section 27 or 38 also continue to apply as if this chapter had not commenced.

(3)Section 663E(2) and (3) of the repealed Criminal Code chapter continues to apply, as if this chapter had not commenced, in relation to an amount paid to a person under section 663C(4) or 663D(4) of the repealed Criminal Code chapter, whether before or after the commencement.

(4)For subsection (3), any other provisions of the repealed Criminal Code chapter that are necessary or convenient to be used in relation to section 663E(2) or (3) also continue to apply as if this chapter had not commenced.

185Purpose and application of sdiv 2

(1)This subdivision helps the State to recover from a person—

(a)an amount paid by the State under section 32 of the repealed Act in relation to a compensation order made under section 24 of that Act against the person; or

Note—

See section 38 of the repealed Act and section 184 for the State’s subrogation rights in relation to the compensation order.

(b)an amount paid by the State under section 663C of the repealed Criminal Code chapter in relation to an order made under section 663B(1) of that chapter against the person; or

Note—

See section 663E(2) and (3) of the repealed Criminal Code chapter and section 184 for the State’s subrogation rights in relation to the order.

(c)an amount payable to the State under—

(i)a repayment order made under section 27 of the repealed Act against the person; or

(ii)an order made under section 38(5) of the repealed Act against the person.

(2)This subdivision provides a way for the State to recover an amount payable under an order mentioned in subsection (1) as an alternative to enforcing the order.

(3)This subdivision applies in relation to an amount mentioned in subsection (1)—

(a)whether the amount was paid or became payable before or after the commencement; and

(b)whether or not the order in relation to which the amount is payable has been filed in a court for the purpose of enforcing the order.

186Definition for sdiv 2

In this subdivision—

relevant subrogation provision means—

(a)for an amount paid by the State under the repealed Act—section 38(1) or (3) of that Act; or

(b)for an amount paid by the State under the repealed Criminal Code chapter—section 663E(2) or (3) of that chapter.

187No recovery if relevant agreement in force

(1)The State can not, under this subdivision, recover an amount from a person if the State has entered into an agreement with the person for the payment of the amount to the State, and the agreement is still in force.

(2)The State can not, under this subdivision, recover from a person an amount paid by the State in relation to an order mentioned in section 185(1)(a) or (b) if—

(a)the person against whom the order was made (offender) and the person in whose favour the order was made (victim) have entered into an agreement for the payment of the amount to the victim by the offender; and

(b)the agreement is still in force.

Note—

See the relevant subrogation provision for the State’s subrogation rights in relation to the agreement.

(3)Subsection (1) or (2) applies whether the agreement was entered into before or after the commencement.

188Recovery limited if amount received as subrogated victim

(1)This section applies if the State—

(a)pays an amount in relation to an order mentioned in section 185(1)(a) or (b); and

(b)receives an amount under a relevant subrogation provision in relation to the injury for which the order was made.

(2)In deciding the amount that the State may seek to recover under this subdivision from the person against whom the order was made, the amount that would otherwise be recoverable under this subdivision must be reduced by the amount received under the relevant subrogation provision.

(3)If the State receives the amount under the relevant subrogation provision after the person against whom the order was made becomes liable to pay an amount under section 191(4)—

(a)the person’s liability under section 191(4) is reduced by the amount received under the subrogation provision; and

(b)the scheme manager must give the person a notice stating the amount the person is now liable to pay to the State (the new payable amount); and

(c)if the person has already paid more than the new payable amount, the State must refund to the person the excess amount paid.

189Notice of intended recovery

Before the State may, under this subdivision, recover an amount from a person in relation to an order mentioned in section 185(1), the scheme manager must give the person a notice stating—

(a)the date on which the order was made; and

(b)the amount the person was ordered to pay under the order; and

(c)if the State is intending to recover an amount in relation to an order mentioned in section 185(1)(a) or (b)—

(i)the person in whose favour the order was made (the victim); and

(ii)the amount the State paid the victim in relation to the order; and

(iii)the part of the amount ordered to be paid under the order that the State claims the person has not paid to the victim, or to the State as subrogated to the victim’s rights and remedies under the order; and

(iv)the amount, if any, the State has received under a relevant subrogation provision in relation to the injury for which the order was made; and

(d)if the State is intending to recover an amount in relation to an order mentioned in section 185(1)(c)—the part of the amount ordered to be paid under the order that the State claims the person has not paid to the State; and

(e)the amount the State will seek to recover from the person under this subdivision; and

(f)that the person may—

(i)by notice to the scheme manager within 28 days after being given the notice, dispute the amount the State will seek to recover from the person under this subdivision, including, for example, by disputing a claim mentioned in paragraph (c)(iii) or (d); and

(ii)if the person does not agree with the scheme manager’s decision given after considering the notice of the dispute—apply to QCAT for a review of the scheme manager’s decision; and

(g)that when the amount the State will seek to recover from the person under this subdivision is decided as mentioned in section 191(2), the person is liable to pay the amount to the State under section 191(4); and

(h)anything else prescribed under a regulation.

190Disputing amount State may recover

(1)This section applies if a person who is given a notice under section 189 disputes the amount the State will seek to recover from the person under this subdivision.

(2)The person may, within 28 days after being given the notice, give notice of the dispute (the dispute notice) to the scheme manager.

(3)The dispute notice must state—

(a)the amount the person claims that the State is entitled to recover from the person under this subdivision; and

(b)the facts relied on by the person to support the person’s claim.

(4)After considering the dispute notice, the scheme manager must decide the amount the State will seek to recover from the person which may be—

(a)the amount stated in the notice given under section 189; or

(b)a lower amount.

(5)The scheme manager must give the person notice of the scheme manager’s decision.

(6)If the amount decided by the scheme manager under subsection (4) is higher than the amount the person claims that the State is entitled to recover from the person under this subdivision, the notice given under subsection (5) must be a QCAT information notice.

(7)The person may apply, as provided under the QCAT Act, to QCAT for a review of the scheme manager’s decision under subsection (4).

191Offender’s liability to pay

(1)This section applies if—

(a)the scheme manager has given a person a notice under section 189 (recovery notice); and

(b)the amount the State will seek to recover from the person under this subdivision is decided as mentioned in subsection (2).

(2)The amount the State will seek to recover is—

(a)if the person has not, for the recovery notice, given the scheme manager a dispute notice under section 190(2) within 28 days after the scheme manager gave the person the recovery notice—the amount stated in the recovery notice; or

(b)if the person has, for the recovery notice, given the scheme manager a dispute notice under section 190(2) within 28 days after the scheme manager gave the person the recovery notice—

(i)the amount decided by the scheme manager under section 190; or

(ii)if the person applies, as provided under the QCAT Act, to QCAT for a review of the scheme manager’s decision under section 190—the amount decided by QCAT under the QCAT Act, or by another entity following an appeal against QCAT’s decision.

(3)The scheme manager must give the person a notice stating—

(a)the amount (payable amount) the State seeks to recover from the person under this subdivision, decided as mentioned in subsection (2); and

(b)that, under subsection (4), the person is liable to pay the stated amount to the State within a stated period of at least 28 days (the payment period); and

(c)that, if the person does not pay the stated amount within the stated period, the scheme manager may give particulars of the amount to the SPER registrar for registration under the State Penalties Enforcement Act 1999.

(4)The person is liable to pay the State the payable amount within the payment period.

(5)If the order mentioned in section 185(1) to which the liability mentioned in subsection (4) relates is amended to reduce the amount the person is ordered to pay under the order, and the reduced amount is less than the payable amount—

(a)the person’s liability under subsection (4) is reduced to the reduced amount; and

(b)the scheme manager must give the person a notice stating the reduced amount and the effect of paragraph (a); and

(c)if the person has already paid more than the reduced amount, the State must refund to the person the excess amount paid.

(6)If the chief executive is, under the Corrective Services Act 2006, paid an amount (the corrective services amount) from the offender’s prisoner’s account, or victim trust fund, under that Act—

(a)the person’s liability under subsection (4) is reduced by the corrective services amount; and

(b)the scheme manager must give the person a notice stating—

(i)the effect of paragraph (a); and

(ii)the amount the person is liable to pay the State after the reduction.

Note—

See also section 188(3).

192Dealing with refundable amount if assistance granted to offender

(1)This section applies if—

(a)a person (offender) is liable to pay an amount to the State under section 191(4); and

(b)the offender’s liability under section 191(4) is reduced under section 188(3) or 191(5); and

(c)because of the reduction the State must refund an amount (refundable amount) to the offender; and

(d)under section 95, an amount of assistance granted to the offender (offset amount) was taken to be paid to the State for satisfying the offender’s liability under section 191(4).

(2)The State must—

(a)if paragraph (b) does not apply—pay the refundable amount to the offender as assistance; or

(b)if the refundable amount is more than the offset amount—pay the part of the refundable amount equivalent to the offset amount to the offender as assistance, and refund the remaining part of the refundable amount to the offender.

Example—

The offender becomes liable to pay $10,000 to the State under section 191(4). The offender is granted assistance of $8,000 but it is taken, under section 95, to be paid to the State for satisfying the offender’s liability under section 191(4) (which is the offset amount).

The State receives $5,000 under a relevant subrogation provision. The person’s liability to the State is reduced to $5,000 under section 188(3). The refundable amount is $3,000, which is the difference between what the offender has paid and the offender’s new liability to the State. Because the offender was taken, under section 95, to have paid $8,000 to the State for satisfying the offender’s liability, the $3,000 must be paid to the offender as assistance.

(3)If, under subsection (2), an amount is paid to the offender as assistance, the government assessor must—

(a)decide the component of assistance for which the amount is payable, having regard to—

(i)the components (if any) for which assistance granted to the person was paid or payable under section 95; and

(ii)the offender’s needs; and

(iii)whether the offender has incurred any expenses for which assistance has not already been paid or become payable under section 95; and

(iv)anything else the government assessor considers relevant; and

(b)give the offender a notice stating—

(i)the decision; and

(ii)the reasons for the decision; and

Note—

See the Acts Interpretation Act 1954, section 27B (Content of statement of reasons for decision).

(iii)the internal review details for the decision.

193Registration of unpaid amount under State Penalties Enforcement Act 1999

(1)If a person who is liable to pay an amount under section 191(4) fails to pay the amount, or pays only a part of the amount, the scheme manager may give particulars of the unpaid amount to the SPER registrar for registration under the State Penalties Enforcement Act 1999, section 34 as if—

(a)the notice given under section 191(3) were an order of a court fining a person the amount stated in the notice; and

(b)the scheme manager were the registrar of that court; and

(c)the particulars were the prescribed particulars of the unpaid amount of a fine imposed by that court.

(2)The SPER registrar must register the particulars under the State Penalties Enforcement Act 1999, section 34 and for that purpose that Act applies with all necessary and convenient changes.

(3)The fine option order provisions and imprisonment provisions do not apply in relation to an amount payable under section 191(4).

(4)For this section, the person who is liable to pay an amount under section 191(4) fails to pay the amount if—

(a)the scheme manager gives the person a notice under section 191(3) about the amount; and

(b)the person fails to pay the amount within the period stated in the notice, or a longer period agreed to by the scheme manager.

(5)If the person’s liability to pay an amount under section 191(4) is reduced under section 188(3), or section 191(5) or (6)—

(a)the scheme manager must give the SPER registrar notice of the reduction; and

(b)the SPER registrar must amend the particulars registered under the State Penalties Enforcement Act 1999, section 34 to reflect the reduction.

(6)In this section—

fine option order provisions means the State Penalties Enforcement Act 1999, section 41(c) and the other provisions of that Act relating to fine option orders.

imprisonment provisions means the following—

(a)the State Penalties Enforcement Act 1999, section 52 to the extent it applies to an arrest and imprisonment warrant, and the other provisions of that Act relating to arrest and imprisonment warrants;

(b)the State Penalties Enforcement Act 1999, part 6.

194Obtaining information from court

(1)The scheme manager may, for the purpose of the State recovering an amount from a person under this subdivision, ask the registrar of a court for the identifying particulars for the person, including—

(a)the person’s full name, date of birth and gender; and

(b)the person’s address or, if the person has been sentenced to a period of imprisonment, the place at which the person is being detained for the period.

(2)The registrar must give the requested information to the scheme manager if the registrar is satisfied the information will enable the State to recover an amount under this subdivision.

(3)The registrar may give the requested information by allowing the scheme manager to access an electronic database maintained for the court.

(4)If the registrar gives the scheme manager access to an electronic database as mentioned in subsection (3), the access to, and the use of, the database is limited to the extent it is connected with the requested information.

(5)The scheme manager may use information lawfully obtained under this section for recovering an amount under this subdivision.

(6)In this section—

registrar, in relation to a Magistrates Court, means the clerk of that court.

195References to repealed Act

If the context permits, a reference in another Act or document to the Criminal Offence Victims Act 1995 may be taken to be a reference to—

(a)the Criminal Offence Victims Act 1995 as it continues to apply under this part; or

(b)this Act.

ch hdg ins 2013 No. 13 s 112

196Definition health practitioner—retrospective operation and validation

(1)This section applies in relation to the period from the commencement of the 2010 amendment until the commencement of this section (the validation period).

Note—

The 2010 amendment commenced on 1 July 2010.

(2)It is declared that—

(a)for this Act, a person is taken to have been a health practitioner for any time during the validation period that the person was registered under the Health Practitioner Regulation National Law to practise in the dentists division of the dental profession, other than as a student; and

(b)anything done or omitted to be done by a person is taken to be, and to have always been, as valid and lawful as it would be, or would have been, if the amended definition had been in force throughout the validation period.

(3)In this section—

2010 amendment means the substitution of the definition health practitioner in schedule 3 by the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010.

amended definition means the definition health practitioner in schedule 3 as in force immediately after the commencement of this section.

s 196 ins 2013 No. 13 s 112

ch hdg ins 2017 No. 8 s 92

pt hdg ins 2017 No. 8 s 92

197Definitions for chapter

In this chapter—

amending Act means the Victims of Crime Assistance and Other Legislation Amendment Act 2017.

application decided after the commencement means an application for victim assistance—

(a)made, but not decided, before the commencement; or

(b)made after the commencement, regardless of whether the act of violence for which assistance is sought happened before or after the commencement.

assistance limit has the meaning given under previous schedule 3.

new, for this Act or a provision of this Act, means the provision as in force from the commencement.

previous, for a provision of this Act, means the provision as in force from time to time before the commencement.

s 197 ins 2017 No. 8 s 92

pt hdg ins 2017 No. 8 s 92

198Complaints about prescribed persons and victims charter

New chapter 2 and new schedule 1AA apply in relation to conduct of a prescribed person, within the meaning of the new Act, engaged in on or after the commencement.

s 198 ins 2017 No. 8 s 92

pt hdg ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

199Definition of act of violence

(1)New section 25 applies in relation to an act of violence that is domestic violence only if the domestic violence is committed on or after the commencement.

(2)However, subsection (3) applies if—

(a)a person dies or suffers injury as a direct result of 2 or more acts or omissions constituting domestic violence; and

(b)at least 1 of the acts or omissions was committed before the commencement; and

(c)at least 1 of the acts or omissions is committed on or after the commencement; and

(d)had all of the acts or omissions been committed after the commencement, all of the acts or omissions would have formed part of a series of related acts of domestic violence under new section 25B.

(3)All of the acts or omissions are taken to be a series of related acts of domestic violence.

Note—

Under section 204, the availability of financial assistance for an act of violence that is a series of related acts of domestic violence to which subsection (3) applies is limited to expenses incurred on or after the commencement.

s 199 ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

200New ch 3, pts 3–3B

New chapter 3, parts 3 to 3B apply only to an application for victim assistance made on or after the commencement.

s 200 ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

201Other expenses

New section 39(g), 42(f), 45(f) or 49(g) applies in relation to an application decided after the commencement.

s 201 ins 2017 No. 8 s 92

202Pools of assistance

(1)This section applies to an application made by any of the following victims of an act of violence that is an application decided after the commencement—

(a)a parent secondary victim;

(b)a witness secondary victim;

(c)a related victim.

(2)The new entitlement provisions apply in relation to the application.

(3)Subsection (4) applies if—

(a)a proportion of an assistance limit was granted before the commencement to another victim of the act of violence; and

(b)the assistance limit would have applied to the applicant had the amending Act not commenced.

(4)Despite subsection (2), the previous entitlement provisions and the ancillary provisions apply in relation to the application.

(5)This section applies subject to section 201.

(6)In this section—

ancillary provisions means—

(a)previous sections 71, 72, 85(3) and 90(e); and

(b)for a parent secondary victim—previous sections 53 and 55(3); and

(c)for a related victim—previous sections 53, 55(3) and 85(2)(b) and (4).

entitlement provisions means—

(a)for a parent secondary victim—chapter 3, part 5; or

(b)for a witness secondary victim—chapter 3, part 6; or

(c)for a related victim—chapter 3, part 7.

s 202 ins 2017 No. 8 s 92

203Amount of funeral expense assistance

New section 50 applies in relation to an application decided after the commencement.

s 203 ins 2017 No. 8 s 92

204Series of related acts of domestic violence that started before commencement

(1)This section applies if a person applies for financial assistance for an act of violence that is a series of related acts of domestic violence to which section 199(3) applies.

(2)The assistance that may be granted to the applicant for expenses is limited to expenses incurred on or after the commencement.

(3)This section does not limit assistance payable to the applicant for an act of violence, within the meaning of previous section 25—

(a)committed before the commencement; and

(b)constituted by an act or omission that forms part of the series of related acts of domestic violence.

s 204 ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

205Form of applications

New section 52 or 57 applies only in relation to an application for victim assistance or funeral expense assistance made on or after the commencement.

s 205 ins 2017 No. 8 s 92

206Extension of time for applying for funeral expense assistance

New section 58 applies to an application for extension of time made on or after the commencement, regardless of whether the act of violence was committed before or after the commencement.

s 206 ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

207Obtaining information etc.

New chapter 3, part 12, division 1 and new sections 84A to 84C apply only to an application for assistance made on or after the commencement.

s 207 ins 2017 No. 8 s 92

208Reduction if relevant payment received

New section 86 applies—

(a)in relation to an application decided after the commencement; and

(b)if the relevant payment is or will be received on or after the commencement.

s 208 ins 2017 No. 8 s 92

209Deferral if victim’s conduct may be relevant

New section 87 applies to an application decided after the commencement.

s 209 ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

210Inviting submissions from applicant

New section 88 applies in relation to an application decided after the commencement, regardless of whether notice was given to the applicant under section 88(2) before or after the commencement.

s 210 ins 2017 No. 8 s 92

211Mandatory conditions

(1)New sections 89 and 90 apply in relation to an application decided after the commencement.

(2)This section applies subject to section 202.

s 211 ins 2017 No. 8 s 92

div hdg ins 2017 No. 8 s 92

212Interim assistance

New chapter 3, part 14 applies in relation to an application decided after the commencement.

s 212 ins 2017 No. 8 s 92

213Amendment of grants

(1)New chapter 3, part 15, division 1 applies in relation to an application for amendment of a grant of assistance decided on or after the commencement, regardless of whether the act of violence was committed before or after the commencement.

(2)Subsection (3) applies if—

(a)a proportion of an assistance limit was granted before the commencement to another victim of the act of violence; and

(b)the assistance limit would have applied to the applicant had the amending Act not commenced.

(3)Despite subsection (1), for considering and deciding the application—

(a)section 103(2)(c) applies as if it refers to previous section 85 and new sections 86 and 87; and

(b)previous section 104(3) applies.

s 213 ins 2017 No. 8 s 92

214Amendment of grant without application

(1)New chapter 3, part 15, division 2 applies in relation to any grant of assistance, whether the grant was made before or after the commencement.

(2)Subsection (3) applies, for new chapter 3, part 15, division 2, if the grant of assistance was made before the commencement.

(3)Whether a relevant payment would have resulted in a reduction of assistance granted to the person under section 86 must be decided as if new section 86 had been in effect when the grant was made.

s 214 ins 2017 No. 8 s 92

215Recovering assistance from offender

(1)New chapter 3, part 16, other than new section 114, applies in relation to any grant of assistance, whether the grant was made before or after the commencement.

(2)However, subsection (1) does not apply if notice of the intended recovery was given under previous section 115 before the commencement.

(3)New section 114 applies to any request for information whether before or after the commencement.

s 215 ins 2017 No. 8 s 92

216Effect of conviction for fraud etc.

New chapter 3, part 17 applies in relation to an applicant whose application for assistance is an application decided after the commencement.

s 216 ins 2017 No. 8 s 92

217Review of decisions

(1)Previous chapter 3, part 18 continues to apply to a decision identified in previous schedule 1 made before the commencement.

(2)However, new section 124(3) applies to a decision identified in previous schedule 1 made before the commencement.

(3)New chapter 3, part 18 applies to a decision identified in new schedule 1 made on or after the commencement.

(4)However, previous sections 124(7) and 125(3) and previous schedule 1 apply to a decision made after the commencement if the victim to whom the decision relates is subject to an assistance limit because of the operation of this chapter.

(5)Previous section 136 continues to apply to—

(a)a person who was granted assistance before the commencement; or

(b)an applicant for review mentioned in subsection (4).

s 217 ins 2017 No. 8 s 92