QueenslandVictimsofCrimeAssistanceAct2009Current as at [Not
applicable]Indicative reprint noteThisisanunofficialversionofareprintofthisActthatincorporatesallproposedamendments to the
Act included in the Revenue and Other Legislation Amendment
Bill2018.Thisindicativereprinthasbeenpreparedforinformationonly—itisnotanauthorised reprint of the Act.Some enacted but uncommenced amendments
included in theState Penalties EnforcementAmendment Act 2017No. 13 have also
been incorporated in this indicative reprint.Amendments to this
Act are also included in the National Redress Scheme for
InstitutionalChild Sexual Abuse (Commonwealth Powers) Bill
2018. These proposed amendments arenot included in
this indicative reprint.The point-in-time date for this
indicative reprint is the introduction date forthe Revenue and
Other Legislation Amendment Bill 2018—22 August 2018.Detailed information about indicative
reprints is available on theInformationpage of
theQueensland legislation website.
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 1 Preliminary[s 1]Victims of Crime Assistance Act 2009An Act
to declare and implement a charter of rights for certainvictims and to provide a scheme to give
financial assistance tocertain victimsChapter 1Preliminary1Short
titleThis Act may be cited as theVictims of Crime Assistance Act2009.2CommencementThis Act, other
than the following provisions, commences ona day to be
fixed by proclamation—(a)sections 127,
128, 131 and 138;(b)schedule3,definitionsappropriatelyqualified,government assessor,scheme manager,the
schemeandvictims 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 andprocessesformakingcomplaintsaboutconductinconsistent
with the rights; andCurrent as at [Not applicable]Page
11
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 2 Charter of victims’ rights[s
4](c)toprovideaschemetogivefinancialassistancetocertain 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 theacts
by giving them financial assistance; and(b)forprimaryvictims,togivethevictimsamountsrepresenting a symbolic expression by the
State of thecommunity’srecognitionoftheinjuriessufferedbythem; and(c)for
related victims who have suffered distress, to givethe
victims amounts representing a symbolic expressionbytheStateofthecommunity’srecognitionofthedistress suffered by them; and(d)to add to other services provided by
or for governmentto victims of acts of violence.(3)However,grantsoffinancialassistance(includingspecialassistanceandassistanceasmentionedinsection 49(f))tovictims of acts of violence under the scheme
are not intendedto reflect the level of compensation to
which victims of acts ofviolence may be entitled at common law
or otherwise.4DefinitionsThe dictionary
in schedule 3 defines particular words used inthis Act.Chapter 2Charter of
victims’ rights5Meaning ofvictim(1)Avictimis a
person who has suffered harm—(a)because a crime is committed against the
person; orPage 12Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 2 Charter of victims’ rights[s
6](b)because the person is a family member
or dependant of aperson who has died or suffered harm because
a crime iscommitted against that person; or(c)as a direct result of intervening to
help a person who hasdiedorsufferedharmbecauseacrimeiscommittedagainst that
person.(2)A person who commits a crime against a
person as mentionedinsubsection (1)(a)isnotavictimofthecrimeundersubsection
(1)(b) or (c).(3)For sections 18 to 20 and schedule
1AA, part 1, divisions 1and 3,victimincludes a person, other than a person
mentionedin subsection (1), who has suffered
harm—(a)becausedomesticviolenceiscommittedagainsttheperson; or(b)because the person is a family member or
dependant of aperson mentioned in paragraph (a); or(c)asadirectresultofinterveningtohelpapersonmentioned in
paragraph (a).6Meaning ofcrimefor
chapter(1)Inthischapterandschedule1AA,crimemeansanactoromission constituting any of the following
offences—(a)an offence against the person of
someone;(b)a domestic violence offence within the
meaning of theCriminal Code, section 1;(c)anoffenceagainsttheDomesticandFamilyViolenceProtection Act 2012, section
177(2), 178(2) or 179(2);(d)anoffenceofattemptingtocommit,orconspiringtocommit, an offence mentioned in paragraph
(a), (b) or(c).(2)Fordecidingwhetheranactoromissionconstitutesanoffence mentioned in subsection (1)(a), (b),
(c) or (d)—Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 2 Charter of victims’ rights[s
6A](a)any justification, excuse or defence a
person may havefordoingtheactormakingtheomissionistobedisregarded;
and(b)it does not matter whether the person
who did the act ormadetheomissionhasbeenidentified,arrested,prosecutedorconvictedinrelationtotheactoromission.(3)A
reference to a justification, excuse or defence in
subsection(2)(a) does not include—(a)amattermentionedintheCriminalCode,section31(1)(a) or (b); or(b)an
authorisation to do an act or make an omission that isprovided for under an Act.6AMeaning ofprescribed
person(1)Prescribed personmeans—(a)a government entity; or(b)a non-government entity; or(c)an officer, member or employee of a
government entityor non-government entity.(2)However,apersonisnotaprescribedpersonif,ortotheextent,thepersonisdealingwithavictimintheperson’scapacityasalegalrepresentativeofapersonaccusedofcommitting a crime or domestic
violence against the victim.6BCharter of victims’ rights(1)The Charter of Victims’ Rights
(thevictims charter) is set
outin schedule 1AA.(2)As
far as practicable and appropriate, the victims charter is
togoverntheconductofprescribedpersonsindealingwithvictims.Page 14Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 2 Charter of victims’ rights[s
6C]Note—See also the
principles for victims and others under theMental
HealthAct 2016, section
6.6CPurposes of victims charterThe
purposes of the victims charter are to—(a)advance the interests of victims by stating
rights that aretobeobservedbyprescribedpersonsindealingwithvictims; and(b)inform victims of the rights the victims can
expect willunderlietheconductofprescribedpersonsindealingwith the
victims.7Victims charter does not give legal
rights or affect legalrights 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, ofanything done or not done, ora
decision made or notmade, in contravention of them;
and(c)do not affect the operation of any
other law, including,for example—(i)theCriminal Practice Rules 1999and
the rules ofevidence in criminal proceedings; and(ii)the Criminal
Code, chapter 62, chapter division 3;and(d)donotaffectconfidentialityobligationsapplyingtoaprescribed
person.(2)Subsection(1)doesnotpreventdisciplinaryactionbeingtaken against a
prescribed person who contravenes processesfor implementing
the rights stated in the victims charter thathavebeenadoptedbythegovernmententityorCurrent as at [Not applicable]Page
15
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 2 Charter of victims’ rights[s
18]non-government entity responsible for the
prescribed person’sconduct.(3)In
this section—confidentialityobligationmeansanobligationtomaintainconfidentialityaboutparticularinformationunderanAct,oath, or rule of
law or practice.criminalorcivilredressmeansaproceedingfortheenforcementofarightorobligation,whethertherightorobligation is substantive or procedural,
direct or indirect.18Conduct to be consistent with victims’
rights(1)This section applies—(a)if a prescribed person is dealing with
a person who theprescribedpersonisaware,oroughtreasonablytobeaware, is a victim; and(b)to the extent the rights stated in the
victims charter applyto 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.19Victim may make complaint(1)This section applies if a victim
believes a prescribed personhas,inrelationtothevictim,engagedinconductthatisinconsistent with the rights stated in
the victims charter.(2)The victim may
make a complaint about the conduct to—(a)iftheprescribedpersonisagovernmententity—thegovernment
entity; or(b)if the prescribed person is a
non-government entity—thenon-government entity; or(c)iftheprescribedpersonisanofficer,memberoremployeeofagovernmententityornon-governmententity—the
government entity or non-government entityconcerned;
orPage 16Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 2 Charter of victims’ rights[s
20](d)the victim services
coordinator.(3)A complaint may be made for the victim
by another personacting with the victim’s consent.20Dealing with complaint—government
entity ornon-government entity(1)This
section applies if—(a)acomplaintismadetoagovernmententityornon-governmententity(therelevantentity)undersection
19(2)(a), (b) or (c); or(b)the victim
services coordinator refers a complaint madeundersection19(2)(d)toagovernmententityornon-government entity (also therelevant entity).(2)The relevant entity must—(a)give the victim information about the
process that willbe used for resolving the complaint;
and(b)takeallreasonablestepstoresolvethecomplaintassoon
as is reasonably practicable.(3)Withoutlimitingsubsection(2)(b),therelevantentitymaycomply with the subsection by—(a)referringthecomplainttoanotherentitymentionedinsubsection (4) to resolve; and(b)giving the other entity timely and
reasonable assistanceto resolve the complaint.(4)For subsection (3)(a), the other
entities are—(a)foracomplaintmentionedinsubsection(1)(a)—thevictim services
coordinator; or(b)for a government entity—another
government entity; orExample of another government
entity—the ombudsmanCurrent as at [Not
applicable]Page 17
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 20A](c)foranon-governmententity—thegovernmententitythat
gives the relevant entity funding to provide servicesto
help victims.20ADealing with complaint—victim services
coordinator(1)Thissectionappliesifacomplaintismadetothevictimservices
coordinator under section 19(2)(d).(2)The
victim services coordinator may—(a)liaisewiththerelevantentityconcernedandfacilitatethe 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 thecomplaint is about the conduct of—(a)the relevant entity; or(b)an officer, member or employee of the
relevant entity.Chapter 3Victims
financial assistanceschemePart 1General21Scheme for financial assistance(1)This chapter establishes a scheme for
the payment of financialassistance—(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 anact of violence.Page 18Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 22](2)Thischapterdoesnotentitleanyonetothepaymentoffinancial 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 ofthe act—the person’s involvement in a
criminal activityistheonlyreason,orthemainreason,theactwascommitted against the person; or(c)forapersonclaimingassistanceforthedeathofaprimaryvictimoftheact—theprimaryvictim’sinvolvement in a criminal activity is the
only reason, orthemainreason,theactwascommittedagainsttheprimary victim, and the person was or
should have beenaware of the involvement.(3)Also, this chapter does not entitle
anyone to the payment offinancial assistance in relation to an
act of violence if, in theabsence of a reasonable excuse—(a)the act has not been reported to a
person as mentioned insection 81(1)(a); or(b)for an act that is a crime or a series
of related crimes—thepersonhasnotgivenreasonableassistanceinthearrestorprosecutionofthepersonwhoallegedlycommitted the
act.(4)Further, this chapter does not entitle
anyone to the payment offinancialassistanceinrelationtoanactofviolencetotheextent the person has received, or
will receive, payment of anamount in
relation to the act of violence from another source.22Other rights etc. not affectedThegrantingoffinancialassistanceundertheschemetoaperson does not limit a right,
entitlement or remedy the personhas under common
law or otherwise.Current as at [Not applicable]Page
19
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 23]23Assistance for victim available only in 1
capacity(1)Thissectionappliesifapersonisavictimofanactofviolence 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 theact
of violence in only 1 of the capacities.(3)This
section does not prevent a witness secondary victim orrelatedvictimofanactofviolencealsobeinggrantedassistanceforfuneralexpensesforthedeathofaprimaryvictim of the act.24Effect of death on eligibility for
assistance(1)Despite any other Act or law, if a
person entitled to assistancedies, the
person’s entitlement to assistance does not survivefor
the benefit of the person’s estate.(2)Ifapersonappliesforassistancebutdiesbeforetheapplication is decided, the
application lapses.(3)If a person is granted assistance but
dies before the assistanceis paid to the person, the assistance
is taken to never have beengranted and the
person’s application lapses.Part 2Basic concepts25Meaning ofact of
violence(1)Anactofviolenceisacrimeoraseriesofrelatedcrimes,whether committed by 1 or more persons,
that—(a)are committed in Queensland;
andPage 20Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 25A](b)directlyresultinthedeathof,orinjuryto,1ormorepersons,irrespectiveofwherethedeathorinjuryhappened.Note—In general
terms, it is intended by this section that assistance may begranted to a person in relation to an act of
violence even though theperson who committed the act has not
been, or can not be, found guiltyof the relevant
prescribed offence because of a justification, excuse ordefence.On the other
hand, it is not intended by this section that assistance bepayable for an act done or omission made by
a person, for example, apolice officer, if the act or omission
is lawfully done or made in thecourse of the
person performing duties under an Act.See, however,
sections 26(6), 50(2), 79 and 80.(2)Also, anact of
violenceis domestic violence, or a series ofrelated acts of domestic violence,
that—(a)is committed in Queensland; and(b)directly results in the death of, or
injury to, 1 or morepersons,irrespectiveofwherethedeathorinjuryhappened;
and(c)is not an act of violence under
subsection (1).(3)In this chapter, a reference to an act
of violence in relation toan application for assistance includes
a reference to an allegedact of violence.25AMeaning ofcrime(1)Acrimeisanactoromissionconstitutingaprescribedoffence—(a)disregarding any justification, excuse
or defence that apersonmayhavefordoingtheactormakingtheomission; and(b)whether or not the person who did the act or
made theomissionhasbeenidentified,arrested,prosecutedorconvicted in relation to the act or
omission.Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 25B](2)However, a reference to a justification,
excuse or defence insubsection (1)(a) does not
include—(a)amattermentionedintheCriminalCode,section 31(1)(a) or (b); or(b)an authorisation to do an act or make
an omission that isprovided for under an Act.(3)In this section—prescribed
offencemeans—(a)an
offence committed against the person of someone; or(b)anoffenceofattemptingtocommit,orconspiringtocommit, an offence mentioned in paragraph
(a).25BMeaning ofseries of
related crimesandseries of relatedacts of domestic
violence(1)Aseries of
related crimesis 2 or more crimes that are relatedbecause 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 orgroup of
persons; or(iii)share another
common factor; or(b)all contribute to the death of or
injury to a person; or(c)havingregardtothecircumstancesofthecrimes,arerelated in some other way.(2)However,acrime(latercrime)isnotrelatedtoapreviouscrime(earliercrime)ifthelatercrimeiscommittedafterassistance is granted in relation to the
earlier crime.(3)Aseries of
related acts of domestic violenceis 2 or more
actsoromissionsconstitutingdomesticviolencethatarerelatedbecause the acts
or omissions—(a)are committed in relation to the same
person and—Page 22Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 26](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 someother
way.(4)However, an act or omission
constituting domestic violence(laterdomesticviolence)isnotrelatedtoapreviousactoromissionconstitutingdomesticviolence(earlierdomesticviolence)ifthelaterdomesticviolenceiscommittedafterassistanceisgrantedinrelationtotheearlierdomesticviolence.(5)To
remove any doubt, it is declared that, for this chapter—(a)a series of related crimes, or a
series of related acts ofdomesticviolence,istakentobeasingleactofviolence;
and(b)assistancemaybegrantedonlyforthesingleactofviolence.26Who is a primary, secondary, parent
secondary, witnesssecondary or related victim(1)Aprimary
victim, of an act of violence, is a person who
diesorisinjuredasadirectresultoftheactbeingcommittedagainst the
person.(2)Asecondary
victim, of an act of violence, is a person who is
aparentsecondaryvictimorwitnesssecondaryvictimoftheact.(3)Aparent secondary victim, of
an act of violence, is a personwho—(a)is a parent of a child who is injured
as a direct result ofthe act being committed against the
child; and(b)is injured as a direct result of
becoming aware of the act.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 27](4)Awitness secondary victim, of
an act of violence, is a personwho is injured
as a direct result of witnessing the act.(5)Arelated victim, of an act of
violence, is a person who is aclose family
member, or a dependant, of a primary victim ofthe 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 akindmentionedinsubsections (1)to(5),ifthepersoncommitted the
act.(7)In this section—closefamilymember,ofaprimaryvictimofanactofviolence who has died as a direct
result of the act, means afamilymemberoftheprimaryvictimwhohadagenuinepersonalrelationshipwiththeprimaryvictimwhentheprimary victim died.27Meaning ofinjury(1)In this chapter,injurymeans—(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 ofthe
following adverse impacts of the sexual offence ordomestic violence suffered by a
person—(i)sense of violation;(ii)reduced self
worth or perception;(iii)lost or reduced
physical immunity;(iv)lostorreducedphysicalcapacity(includingthecapacitytohavechildren),whethertemporaryorpermanent;(v)increased fear or increased feelings of
insecurity;Page 24Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 28](vi)adverseeffectofothersreactingadverselytotheperson;(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)Forthischapter,injuryalsoincludesanaggravationofaninjury mentioned in subsection (1)(a)
to (g), if the aggravationarises as a direct result of an act of
violence.(3)To remove any doubt, it is declared
that, for this chapter, anaggravation mentioned in subsection
(2) is an injury only tothe extent of the effects of the
aggravation.28When exceptional circumstances
existFor this chapter,exceptional
circumstancesexist for a victimof an act of
violence if, because of the victim’s circumstancesor
the nature of the act, the act has had an unusual, special
orout 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 resultof an act of
violence committed against the person in the person’shome. Because of the act, the person becomes
seriously concernedabout the person’s security.2A person who lives in a remote area
suffers injury as a direct resultof an act of
violence committed against the person by a person wholives in the same area. Because of the
remoteness of the area, theperson becomes
seriously concerned about another act of violencebeing committed against the person by the
same person.29When person incurs expensesFor
this chapter, a personincursexpenses
if—(a)the person pays the expenses;
or(b)someone else pays the expenses on the
person’s behalf;orCurrent as at [Not applicable]Page
25
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 30](c)thepersonreceivesaninvoiceforthepaymentoftheexpenses.Note—Part
13, division 2 provides for the payment of assistance to a
personwhoisgrantedassistance,includingprovidingforpaymentstosomeone else who has paid expenses on the
person’s behalf or who hasgiven the person an invoice for the
payment of expenses.30References to government
assessorInthischapter,areferencetothegovernmentassessorinrelation to an application for
assistance is a reference to thegovernment
assessor who, for the time being, is dealing withthe
application.Note—See sections 62,
127(6) and (7) and 130(5).Part 3Relationship
with workers’compensation31Application of pt 3This part
applies if, for an act of violence, a person is—(a)aprimaryvictim,witnesssecondaryvictimorrelatedvictim;
and(b)apersonwhoisentitledtocompensationundertheWorkers’ Compensation Act.32Relationship generally(1)Thissectionstatestheassistanceforwhichthepersoniseligible if the person is paid compensation
under the Workers’Compensation Act.(2)If
the person is a primary victim, the person is eligible for
thefollowing assistance—Page 26Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 32]Notauthorised—indicativeonly(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 seriousactofviolence,thepersoniseligibleforthefollowingassistance—(a)assistanceundersection 44(1)(a)forthecomponentmentioned 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 actofviolence,thepersoniseligibleforfuneralexpenseassistance.(5)Ifthepersonisarelatedvictimofanactofviolence,theperson is eligible for the following
assistance—(a)assistance under section 48(1)
for—(i)thecomponentsmentionedinsection 49(a),(b),(c),
(d) and (g); and(ii)non-expenseassistanceasmentionedinsubsection (7);(b)additional assistance under section
48(2).(6)Forsubsection
(2)(a)(ii),thepersoniseligibleforthefollowing special assistance—(a)ifthepersonhasnotbeenpaidanylumpsumcompensation under the Workers’ Compensation
Act—special assistance of the amount that would
ordinarily bepayable to the person;(b)ifthepersonhasbeenpaidlumpsumcompensationunder the
Workers’ Compensation Act of an amount thatis less than the
amount of special assistance that wouldCurrent as at [Not
applicable]Page 27
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 33]ordinarily be
payable to the person—special assistanceofthedifferencebetweenthespecialassistancethatwouldordinarilybepayableandthelumpsumcompensation paid.(7)Forsubsection (5)(a)(ii),thepersoniseligiblefornon-expense assistance—(a)only
if the amount of the compensation paid under theWorkers’ Compensation Act is less than the
amount ofthenon-expenseassistancethatwouldordinarilybepayable to the person; and(b)onlyforthedifferencebetweenthenon-expenseassistance that
would ordinarily be payable to the personandthecompensationpaidundertheWorkers’Compensation
Act.(8)In this section—non-expense
assistancemeans the total amount of assistancefor
the components mentioned in section 49(e) and (f).33When a person’s workers’ compensation
application isfinally dealt withFor this part, a
person’s workers’ compensation application isfinallydealtwithwhentheperson’stotalentitlementtocompensationundertheWorkers’CompensationAct,includingtheperson’sentitlementtotreatment,careandsupportpaymentsunderchapter4AofthatAct,hasbeendecided under
that Act, including, for example, because—(a)theperson’sworkers’compensationapplicationhasbeen
rejected under that Act; or(b)thepersonacceptsorrejectsanofferoflumpsumcompensation under that Act; or(c)the person’s entitlement to
compensation under that Actstops under that
Act.Page 28Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 34]Note—See,
for example, the Workers’ Compensation Act, chapter 3(Compensation), part8A(Whenentitlementtocompensationstops).Notauthorised—indicativeonly34Generally workers’ compensation
application finally dealtwith before victim assistance
application(1)The person may apply for victim
assistance in relation to theact of violence
committed against the person only if—(a)thepersonhasmadeaworkers’compensationapplication;
and(b)the workers’ compensation application
has been finallydealt with.(2)The
person may apply for victim assistance—(a)within 3 years after the person’s workers’
compensationapplication is finally dealt with; or(b)ifthepersonisachildwhentheperson’sworkers’compensationapplicationis
finallydealtwith—beforethe person turns
21.(3)Subsection (2) applies despite section
54(1).(4)However,theschememanagermay,onapplicationbytheperson, give the person approval to
make an application forassistancewithoutfirstmakingaworkers’compensationapplication
if—(a)thereasonthepersonhasnotmadetheworkers’compensationapplicationisbecausetheprescribedperiod has
passed; and(b)the person has, under the Workers’
Compensation Act,section 131(4) or (5), applied to an insurer
to waive theneedtomaketheworkers’compensationapplicationwithin the
prescribed period, and has been unsuccessful;and(c)the scheme manager is reasonably
satisfied the personhasareasonableexcusefornotmakingtheworkers’Current as at [Not
applicable]Page 29
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 34]compensation
application within the prescribed period,having regard to
any of the following—(i)theperson’sagewhentheactofviolencewascommitted;(ii)whether the person has an impaired
capacity;(iii)whetherthepersonwhoallegedlycommittedtheactofviolencewasinapositionofpower,influence or
trust in relation to the person;Examplesofpersonswhomaybeinapositionofpower,influence or
trust in relation to a person—a person’s
parent, spouse or carer(iv)thephysicalorpsychologicaleffectoftheactofviolence on the person;(v)anyothermattertheschememanagerconsidersrelevant.(5)The scheme manager must give a person
who applies for anapproval under subsection (4) notice of the
scheme manager’sdecision on the application.(6)If the scheme manager decides not to
give the approval, thenotice must state the
following—(a)the decision;(b)the
reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.(7)In this section—prescribed
periodmeans the period within which a
workers’compensation application may be made under
the Workers’Compensation Act, section 131(1).Page
30Current as at [Not applicable]
Part
3AVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 36A]Relationship
with MotorAccident Insurance Act 1994Notauthorised—indicativeonly36AApplication of partThis
part applies if—(a)foranactofviolence,apersonisaprimaryvictim,secondary victim or related victim;
and(b)the act resulted in a motor vehicle
accident within themeaning of theMotor Accident
Insurance Act 1994; and(c)thepersonhasmade,orisorwasentitledtomake,amotoraccidentclaiminrelationtothemotorvehicleaccident.36BMaking of victim assistance application not
affected bymotor accident claimThe person may
apply for victim assistance in relation to theact of violence
whether or not—(a)a motor accident claim has been made
in relation to themotor vehicle accident; or(b)if a motor accident claim has been
made in relation tothe motor vehicle accident—the claim has
been finallydealt with.Note—However, under section 86 the amount of
victim assistance that wouldotherwise be
payable to an applicant is reduced by the amount of arelevant payment the applicant has received
or will receive. An amountpayable under theMotor Accident
Insurance Act 1994is a relevantpayment—see
schedule 3, definitionrelevant payment.36CWhen motor accident claim is finally
dealt withFor this part, a motor accident claim is
finally dealt with when1 of the following things happens
under theMotor AccidentInsurance Act
1994—Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 36D](a)an
insurer denies liability for the claim;(b)an
offer, or counter offer, of settlement of the claim isaccepted;(c)aproceedinginacourtbasedontheclaimends,including any
appeal.36DRequirement to defer decision—motor
accident claim notmade(1)This
section applies if—(a)the person (theapplicant)
applies for victim assistancein relation to
the act of violence; and(b)theapplicanthasnotmadeamotoraccidentclaiminrelation to the motor vehicle
accident.(2)The government assessor must defer
deciding the applicationuntil—(a)theapplicanthasmadeamotoraccidentclaiminrelation to the motor vehicle accident;
and(b)the claim has been finally dealt
with.Note—However, under
section 36F the government assessor must decide theapplication to the extent it relates to
assistance for counselling expensesdespite the
deferral under this section.(3)However,subsection(2)doesnotapplyiftheschememanager is
satisfied—(a)that—(i)a
motor accident claim by the applicant in relationto
the motor vehicle accident is barred under theMotor Accident
Insurance Act 1994, section 37(3);or(ii)theapplicanthastriedunsuccessfullyundertheMotor Accident Insurance Act
1994, section 37(3)to give notice
of a motor accident claim in relationPage 32Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 36E]tothemotorvehicleaccidentaftertheperiodmentioned in
section 37(2) of that Act; and(b)the
applicant has a reasonable excuse for not making themotoraccidentclaimwithintheperiodmentionedinsection 37(2) of that Act.(4)For deciding whether the applicant has
a reasonable excuseundersubsection(3)(b),theschememanagermusthaveregard to each of the following—(a)theapplicant’sageatthetimetheactofviolenceoccurred;(b)whether the applicant has impaired
capacity;(c)whether the person who allegedly
committed the act ofviolence was in a position of power,
influence or trust inrelation to the applicant;Examples of persons who may be in a position
of power, influenceor trust in relation to the
applicant—the applicant’s parent, spouse or
carer(d)thephysicalorpsychologicaleffectoftheactofviolence on the applicant;(e)any other matter the scheme manager
considers relevant.(5)If the scheme manager decides the
applicant does not have areasonableexcuse,theschememanagermustgivetheapplicant a notice stating the
following—(a)the decision;(b)the
reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.36ERequirement to defer decision—motor
accident claimmade but not finally dealt with(1)This section applies if—Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 36F](a)the
person applies for victim assistance in relation to theact
of violence; and(b)a motor accident claim made by the
person in relation tothemotorvehicleaccidenthasnotbeenfinallydealtwith.(2)The
government assessor must defer deciding the applicationuntil the motor accident claim is finally
dealt with.Note—However, under
section 36F the government assessor must decide theapplication to the extent it relates to
assistance for counselling expensesdespite the
deferral under this section.36FDecision about assistance for counselling
expenses(1)This section applies if—(a)the person applies for victim
assistance in relation to theact of violence;
and(b)the government assessor defers
deciding the applicationunder section 36D or 36E.(2)Despite the deferral of the decision,
the government assessormustdecidetheapplicationtotheextentitrelatestoassistance mentioned in section 39(a),
42(a), 45(a), 46(a) or49(a).Note—Theeffectofthissubsectionisthatthepersonmaybegrantedassistance for
counselling expenses before the motor accident claim hasbeen
finally dealt with.(3)The government assessor must give the
person a notice for thedecision mentioned in subsection (2)
stating—(a)if the decision is to grant the
application to the extentmentioned in the subsection—(i)the amount payable to the person;
and(ii)the reasons for
the decision; andPage 34Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 36G]Note—SeetheActsInterpretationAct1954,section27B(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 theextent mentioned in the subsection—(i)the decision; and(ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,section27B(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 totheextentmentionedinsubsection(2),forsection100theassistancegrantedistakentobeinterimassistancegrantedunder part 14.Note—See
section 100 in relation to the effect of the decision made on
theapplicationforvictimassistanceinrelationtoanamountpaidininterim assistance.(5)This section does not limit part
14.Part 3BRelationship
with nationalinjury insurance scheme—motor vehicle
accidents36GApplication of partThis
part applies to the primary victim of an act of violence ifthe
primary victim or another person has made, or is entitledtomake,anapplication(anNIISQapplication)undertheNIISQActforapprovaltoparticipateintheschemeinrelation to the injury suffered by the
primary victim as a directresult of the act of violence.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 36H]Note—See
the NIISQ Act, sections 16 to 18.36HMaking of victim assistance application not
affected byapplication for approval to participate in
schemeThe primary victim may apply for victim
assistance in relationto the act of violence whether or
not—(a)an NIISQ application has been made in
relation to theinjury suffered by the primary victim as a
direct result ofthe act of violence; or(b)if
an NIISQ application has been made—the applicationhas
been decided by the agency under the NIISQ Act.Note—However, under section 86 the amount of
victim assistance that wouldotherwise be
payable to an applicant is reduced by the amount of arelevant payment the applicant has received
or will receive. An amountpayable under the NIISQ Act is a
relevant payment—see schedule 3,definitionrelevant
payment.36IDeferring
decision if NIISQ application not made or notdecided(1)This section applies if—(a)theprimaryvictimappliesforvictimassistanceinrelation 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 notbeen 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, untilthe
NIISQ application is decided.Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 36J]Note—However, under section 36J the government
assessor must decide theapplication to the extent it relates
to assistance for particular expensesdespite the
deferral under this section.(3)If,undersubsection(2),theapplicationortheamountofassistance to be granted is not decided
within 2 years after theapplication was made, the government
assessor must, despitethatsubsection,makethedecisionassoonasreasonablypracticable.(4)If
the government assessor defers deciding the application orthe
amount of assistance to be granted under subsection (2),the
government assessor must give the primary victim a noticestating the following—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.36JDecision about assistance for
particular expenses(1)This section applies if—(a)theprimaryvictimappliesforvictimassistanceinrelation to the act of violence; and(b)the government assessor defers
deciding the application,ortheamountoftheassistancetobegranted,undersection 36I; and(c)section 36F does not apply.(2)Despite the deferral, the government
assessor must decide theapplication to the extent it relates
to assistance mentioned insection 39(a) and (c) to (h).(3)Thegovernmentassessormustgivetheprimaryvictimanotice for the decision mentioned in
subsection (2) stating—Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 37](a)if
the decision is to grant the application to the extentmentioned in the subsection—(i)the amount payable to the primary
victim; and(ii)the reasons for
the decision; andNote—SeetheActsInterpretationAct1954,section27B(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 theextent mentioned in the subsection—(i)the decision; and(ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,section27B(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 totheextentmentionedinsubsection(2),forsection100theassistancegrantedistakentobeinterimassistancegrantedunder part 14.Note—See
section 100 in relation to the effect of the decision made on
theapplicationforvictimassistanceinrelationtoanamountpaidininterim assistance.(5)This section does not limit part
14.Part 4Primary
victims37Eligibility for assistanceAprimaryvictimofanactofviolenceiseligibleforassistance.Page 38Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 38]Note—See,
however, section 24.Notauthorised—indicativeonly38Amount of assistance(1)Aprimaryvictimofanactofviolencemaybegrantedassistance of up
to $75,000.(2)Also,inadditiontotheassistancementionedinsubsection (1), the primary victim may
be granted assistanceof up to $500 for legal costs incurred
by the victim in applyingfor assistance under this Act.39Composition of assistanceTheassistancegrantedundersection
38(1)toaprimaryvictim of an act of violence may consist of
1 or more of thefollowing components—(a)reasonable counselling expenses incurred, or
reasonablylikely to be incurred, by the victim as a
direct result ofthe act of violence;(b)reasonablemedicalexpensesincurred,orreasonablylikely to be
incurred, by the victim as a direct result ofthe act of
violence;(c)reasonableincidentaltravelexpensesincurred,orreasonably likely to be incurred, by
the victim as a directresult of the act of violence;(d)reasonablereportexpensesincurredbythevictimforthevictim’sapplicationforassistance(includingexpenses
incurred for an examination under section 73);(e)loss
of earnings of up to $20,000 suffered, or reasonablylikely to be suffered, by the victim, as a
direct result ofthe act of violence, during a period of up
to 2 years afterthe act of violence;(f)expenses incurred by the victim for loss of
or damage toclothingthevictimwaswearingwhentheactofviolence happened;Current as at [Not
applicable]Page 39
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 40](g)if
exceptional circumstances exist for the victim, otherreasonable expenses incurred, or reasonably
likely to beincurred, by the victim to significantly
help the victimrecover 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.Part 5Parent secondary victims40Eligibility for assistanceA
parent secondary victim of an act of violence is eligible
forassistance.Note—See,
however, section 24.41Amount of assistance(1)Aparentsecondaryvictimofanactofviolencemaybegranted assistance of up to
$50,000.(2)In addition to the assistance
mentioned in subsection (1), eachparent secondary
victim of an act of violence may be grantedassistance of up
to $500 for legal costs incurred by the victimin applying for
assistance under this Act.42Composition of
assistanceTheassistancegrantedundersection
41(1)toaparentsecondaryvictimofanactofviolencemayconsistof1ormore of the
following components—(a)reasonable
counselling expenses incurred, or reasonablylikely to be
incurred, by the victim as a direct result ofbecoming aware
of the act of violence;Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 43](b)reasonablemedicalexpensesincurred,orreasonablylikely to be
incurred, by the victim as a direct result ofbecoming aware
of the act of violence;(c)reasonableincidentaltravelexpensesincurred,orreasonably likely to be incurred, by
the victim as a directresult of becoming aware of the act of
violence;(d)reasonablereportexpensesincurredbythevictimforthevictim’sapplicationforassistance(includingexpenses
incurred for an examination under section 73);(e)if
exceptional circumstances exist for the victim, loss ofearnings of up to $20,000 suffered, or
reasonably likelytobesuffered,bythevictim,asadirectresultofbecoming aware of the act of violence,
during a periodof up to 2 years after becoming aware of the
act;(f)if exceptional circumstances exist for
the victim, otherreasonable expenses incurred, or reasonably
likely to beincurred, by the victim to significantly
help the victimrecover from the act of violence.Examples of other reasonable
expenses—•relocation expenses•costs of securing the victim’s place
of residence or businessPart 6Witness
secondary victims43Eligibility for assistanceA
witness secondary victim of an act of violence is eligible
forassistance.Note—See,
however, section 24.44Amount of assistance(1)Awitnesssecondaryvictimofanactofviolencemaybegranted assistance of—Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 45](a)iftheactisamoreseriousactofviolence—upto$50,000, less any funeral expense assistance
granted tothe victim for the act; or(b)iftheactisalessseriousactofviolence—upto$10,000, less any funeral expense assistance
granted tothe victim for the act.(2)In
addition to the assistance mentioned in subsection (1)(a),eachwitnesssecondaryvictimofamoreseriousactofviolencemaybegrantedassistanceofupto$500forlegalcosts incurred
by the victim in applying for assistance underthis Act.45Composition of assistance—witness to
more serious actof violenceTheassistancegrantedundersection
44(1)(a)toawitnesssecondaryvictimofamoreseriousactofviolencemayconsist of 1 or more of the following
components—(a)reasonable counselling expenses
incurred, or reasonablylikely to be incurred, by the victim
as a direct result ofwitnessing the act of violence;(b)reasonablemedicalexpensesincurred,orreasonablylikely to be
incurred, by the victim as a direct result ofwitnessing the
act of violence;(c)reasonableincidentaltravelexpensesincurred,orreasonably likely to be incurred, by
the victim as a directresult of witnessing the act of
violence;(d)reasonablereportexpensesincurredbythevictimforthevictim’sapplicationforassistance(includingexpenses
incurred for an examination under section 73);(e)if
exceptional circumstances exist for the victim, loss ofearnings of up to $20,000 suffered, or
reasonably likelytobesuffered,bythevictim,asadirectresultofwitnessing the act of violence, during a
period of up to 2years after the act;Page 42Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 46](f)if
exceptional circumstances exist for the victim, otherreasonable expenses incurred, or reasonably
likely to beincurred, by the victim to significantly
help the victimrecover from the act of violence.Examples of other reasonable
expenses—•relocation expenses•costs of securing the victim’s place
of residence or business46Composition of
assistance—witness to less serious actof
violenceTheassistancegrantedundersection
44(1)(b)toawitnesssecondary victim of a less serious act of
violence may consistof 1 or more of the following
components—(a)reasonable counselling expenses
incurred, or reasonablylikely to be incurred, by the victim
as a direct result ofwitnessing the act of violence;(b)reasonablemedicalexpensesincurred,orreasonablylikely to be
incurred, by the victim as a direct result ofwitnessing the
act of violence;(c)reasonableincidentaltravelexpensesincurred,orreasonably likely to be incurred, by
the victim as a directresult of witnessing the act of
violence;(d)reasonablereportexpensesincurredbythevictimforthevictim’sapplicationforassistance(includingexpenses
incurred for an examination under section 73).Part 7Related victims47Eligibility for assistanceA
related victim of an act of violence is eligible for
assistance.Note—See, however,
section 24.Current as at [Not applicable]Page
43
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 48]48Amount of assistance(1)Arelatedvictimofanactofviolencemaybegrantedassistanceofupto$50,000lessanyfuneralexpenseassistance granted to the victim in relation
to the act.(2)In addition to the assistance
mentioned in subsection (1), eachrelatedvictimmaybegrantedassistanceofupto$500forlegal costs incurred by the victim in
applying for assistanceunder this Act.49Composition of assistanceThe
assistance granted under section 48(1) to a related victimmay
consist of 1 or more of the following components—(a)reasonable counselling expenses
incurred, or reasonablylikely to be incurred, by the victim
as a direct result ofbecoming aware of the primary victim’s
death;(b)reasonablemedicalexpensesincurred,orreasonablylikely to be
incurred, by the victim as a direct result ofbecoming aware
of the primary victim’s death;(c)reasonableincidentaltravelexpensesincurred,orreasonably likely to be incurred, by
the victim as a directresult of becoming aware of the
primary victim’s death;(d)reasonablereportexpensesincurredbythevictimforthevictim’sapplicationforassistance(includingexpenses
incurred for an examination under section 73);(e)an
amount of up to $20,000 that, but for the death of theprimary victim of the act of violence, the
related victimwould have been reasonably likely to receive
from theprimary victim, during a period of up to 2
years after theprimary victim’s death;(f)anamountofupto$10,000fordistresssuffered,orreasonably likely to be suffered, by
the related victim asa direct result of the primary
victim’s death;(g)if exceptional circumstances exist for
the victim, otherreasonable expenses incurred, or reasonably
likely to bePage 44Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 50]incurred, by the
victim to significantly help the victimrecover from the
primary victim’s death.Examples of other reasonable
expenses—•relocation expenses•costs of securing the victim’s place
of residence or businessPart 8Person who
incurs funeralexpenses for primary victim’sfuneral50Eligibility and assistance(1)Apersonwhoincursfuneralexpensesforthefuneralofaprimary victim of an act of violence
who has died as a directresult of the act is eligible for
assistance.(2)However, a person who incurs funeral
expenses for the funeralof a primary victim of an act of
violence committed by theperson is not eligible for assistance
under subsection (1).(3)A person
eligible for assistance under subsection (1) may begrantedassistanceofupto$8,000forfuneralexpensesincurred, or reasonably likely to be
incurred, by the person forthe funeral of
the primary victim.(4)However, if more than 1 person is
eligible for assistance undersubsection
(1)inrelationtoanactofviolence,onlyacombined total of $8,000 may be
granted to the persons forthefuneralexpensesincurred,orreasonablylikelytobeincurred, by
them for the funeral of the primary victim.(5)Toremoveanydoubt,itisdeclaredthatapersonmaybeeligibleforassistanceundersubsection (1)inrelationtoanactofviolenceeventhoughthepersonisalsoawitnesssecondary victim
or related victim of the act.Current as at [Not
applicable]Page 45
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 51]Part 9Applying for victim assistanceNotauthorised—indicativeonly51Who may apply for
victim assistance(1)Avictimofanactofviolencemayapplytotheschememanager 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 bya
lawyer, the child; or(c)someone else
approved by the scheme manager.(3)For
subsection (2)(a)—(a)ifapersonisgrantedguardianshipofachildunderachildprotectionorderundertheChildProtectionAct1999—thereferencetothechild’sparentinthesubsection is
taken to be a reference to that person; and(b)ifapersonhastherightandresponsibilitytomakedecisions about
a child’s daily care under a decision ororder of a
federal court or a court of a State, other than atemporary order—the reference to the child’s
parent inthe subsection is taken to be a reference to
that person;and(c)subjecttoparagraphs(a)and(b),thereferencetothechild’sparentinthesubsectiondoesnotincludeanapproved carer of the child.(4)Ifthevictimisanadultwithanimpairedcapacity,theapplication may be made by—(a)if the victim has a guardian—the
guardian; or(b)ifthevictimdoesnothaveaguardianbuthasanadministrator—the administrator; or(c)ifthevictimdoesnothaveaguardianoranadministrator—anattorneyappointedbythevictimunder an
enduring power of attorney; orPage 46Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 52](d)ifthevictimdoesnothaveaguardianoranadministrator and has not appointed a
person under anenduring 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 capacitybutrequiresassistanceinmakinganapplicationunderthischapter,theapplicationmaybemadebysomeoneelseapproved by the scheme manager.Example—IfavictimcannotunderstandEnglish,theschememanagermayapprove a relative of the victim who
can understand English to makethe application
on the victim’s behalf.(6)For this Act,
the victim is still the applicant even though undersubsection (2), (4) or (5) an application is
made by someoneelse for the victim.(7)In
this section—lawyermeansanAustralianlegalpractitioner,oragovernmentlegalofficer,withinthemeaningoftheLegalProfession Act
2007.supportnetworkseetheGuardianshipandAdministrationAct 2000,
schedule 4.52Form of applicationAn
application for victim assistance must—(a)be
in the approved form; and(b)beaccompaniedbydocumentssupportingtheapplication; and(c)containtheconsentoftherelevantpersonforthegovernment
assessor to obtain information mentioned insection 74 or
77(1) or (4).Current as at [Not applicable]Page
47
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 54]Notauthorised—indicativeonly54Time limit(1)Anapplicationforvictimassistanceforanactofviolencemust be made
within 3 years after—(a)the act of
violence happens; or(b)for an
application by a related victim—the death of theprimary 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, extendthetimeforthepersonmakinganapplicationforvictimassistanceiftheschememanagerconsidersitwouldbeappropriateanddesirabletodoso,havingregardtothefollowing—(a)theperson’sagewhentheactofviolencewascommitted;(b)whether the person has an impaired
capacity;(c)whether the person who allegedly
committed the act ofviolence was in a position of power,
influence or trust inrelation to the person;Examples of persons who may be in a position
of power, influenceor trust in relation to a person—a
person’s parent, spouse or carer(d)thephysicalorpsychologicaleffectoftheactofviolence on the person;(e)whether the delay in making the
application underminesthe 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 anextension of time under subsection (2)
notice of the schememanager’s decision on the
application.(4)Iftheschememanagerdecidesnottoextendthetimeformaking an application for victim assistance,
the notice muststate the following—(a)the
decision;Page 48Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 55](b)the
reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.Notauthorised—indicativeonly55Applying for victim assistance and
funeral expenseassistance together(1)This
section applies if, on the same approved form, a victim ofan
act of violence is applying for—(a)victim assistance; and(b)funeral expense assistance.(2)Thegovernmentassessormayconsidertheapplicationstogether.Part
10Applying for funeral expenseassistance56Who
may apply for funeral expense assistanceA person who
incurs, or is reasonably likely to incur, funeralexpensesforthefuneralofaprimaryvictimofanactofviolencemayapplytotheschememanagerforfuneralexpense
assistance.57Form of applicationAn
application for funeral expense assistance must be in theapproved form.58Time
limit(1)An application for funeral expense
assistance must be madewithin 3 years after the death of the
primary victim.Current as at [Not applicable]Page
49
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 59](2)The
scheme manager may, on application by a person, extendthetimeforthepersontomakeanapplicationforfuneralexpense
assistance if the scheme manager considers it wouldbeappropriateanddesirabletodoso,havingregardtothefollowing—(a)the
person’s age when the death occurred;(b)whether the person has impaired
capacity;(c)thephysicalorpsychologicaleffectoftheactofviolence on the person;(d)whether the delay in making the
application underminesthe possibility of a fair
decision;(e)any other matter the scheme manager
considers relevant.(3)Theschememanagermustgivethepersonnoticeofthescheme 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 theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.Part 11Withdrawal,
amendment orlapse of applications59Withdrawal of applicationAnapplicantforassistancemay,bynoticegiventothescheme manager,
withdraw the application at any time beforethe application
is decided.Page 50Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 60]60Amendment of application(1)Anapplicantforassistancemay,bynoticegiventothescheme manager,
amend the application at any time before theapplication is
decided.(2)Without limiting subsection (1), an
applicant may amend theapplication to change the capacity in
which the applicant isapplying for assistance.61Lapse of application if no
contact(1)Thissectionappliesifanapplicantforassistancehasnotmade any contact with the government
assessor dealing withthe application for 6 months.(2)Thegovernmentassessormaygivetheapplicantanoticestating that if
the applicant does not contact the governmentassessorwithin6monthsafterthenoticeisgiven,theapplication will lapse under subsection
(4).(3)The notice must be sent to the address
stated in the applicationforassistanceor,iftheapplicanthasgiventhegovernmentassessoranotheraddressforserviceofnotices,theotheraddress.(4)If the applicant is given a notice
under this section and theapplicant does not contact the
government assessor within 6months after the
notice is given, the applicant’s application forassistance lapses.(5)Thelapsingofanapplicationunderthissectiondoesnotpreventtheapplicantmakinganotherapplicationforassistance under this chapter.Note—Seesection 54(forvictimassistance)or58(forfuneralexpenseassistance) for
the time within which the application must be made.(6)For this section,contactwith
the government assessor dealingwith the
application includes—(a)contact with the
scheme manager; andCurrent as at [Not applicable]Page
51
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 62](b)contact with another government assessor
acting for thegovernment assessor dealing with the
application.Notauthorised—indicativeonlyPart 12Considering
applications forassistanceDivision 1Considering applications generally62Choosing government assessor(1)Theschememanagermust,assoonaspracticableafterreceivinganapplicationforassistance,chooseanappropriately qualified government
assessor to deal with theapplication.Note—See
section 130 for the requirement that a government assessor
discloseinterests that may conflict with the
performance of functions in relationto the
application.(2)From time to time, the scheme manager
may assign anotherappropriately qualified government assessor
to deal with theapplication,whetherinadditiontoorinplaceofthegovernment
assessor previously assigned under subsection (1)or
section 130.(3)In this section—appropriatelyqualified,fordealingwithanapplicationforassistance, means appropriately qualified
having regard to—(a)the complexity of the issues involved;
and(b)any other matter the scheme manager
considers relevant.63General principlesIndecidinganapplicationforassistance,thegovernmentassessor
must—(a)observe the principles of natural
justice; andPage 52Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 64](b)act
as quickly as the requirements under this Act and aproper consideration of the application
permit.64Further information, document or
consent(1)Before deciding an application for
assistance, the governmentassessor may—(a)ask
the applicant for further information or a documenttheassessorreasonablyrequirestodecidetheapplication; or(b)ask
the relevant person for consent for the assessor toobtain from someone else stated further
information or astateddocumentabouttheapplicanttheassessorreasonably
requires to decide the application.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(2)Thegovernmentassessormaystopconsideringtheapplication until the further information or
document or theconsent is given to the assessor.(3)Iftheapplicantdoesnotgivethefurtherinformationordocument, or the relevant person does not
given the consent,within 42 days after the government assessor
asks for it, or alongerperiodagreedtobytheschememanager,theapplication lapses.(4)Thelapsingofanapplicationunderthissectiondoesnotpreventtheapplicantmakinganotherapplicationforassistance under this chapter.Note—Seesection 54(forvictimassistance)or58(forfuneralexpenseassistance) for
the time within which the application must be made.Current as at [Not applicable]Page
53
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 65]Notauthorised—indicativeonly65Obtaining
information about act of violence from policecommissioner(1)Thegovernmentassessormayaskthepolicecommissionerforthefollowingforastatedactofviolenceinrelationtowhich assistance is sought—(a)information about—(i)the
circumstances of the act of violence, includingdetails of the
injury suffered by a victim of the act;or(ii)theprogressofinvestigationsbeingconductedabout the act of
violence; or(iii)the charge (if
any) laid for the act of violence anddetailsoftheplaceanddateofhearingoftheproceeding for the charge; or(iv)if a charge is
not laid or not continued with—thereasons for not
laying or continuing with a charge;or(v)theoutcomeofaproceedingforthecharge,including any
sentence imposed and the outcomeof any
appeal;(b)a copy of any statement about the act
of violence madebytheprimaryvictimoftheactorthepersonwhoallegedly committed the act, including a
recording of thequestioning of the person under thePolice Powers andResponsibilities
Act 2000, section 436;(c)further details about any of the information
mentionedinparagraph(a)or(b),includinganychangestotheinformation previously
provided.(2)The police commissioner must comply
with a request undersubsection (1).(3)Thepolicecommissioner’sobligationtocomplywitharequest under subsection (1) applies
only—(a)to information in the police
commissioner’s possessionor to which the police commissioner
has access; andPage 54Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 65]Notauthorised—indicativeonly(b)for a statement requested under
subsection (1)(b) that ismade by the person who allegedly
committed the act ofviolence—ifthepolicecommissionerisreasonablysatisfiedthegovernmentassessorreasonablyrequiresthe
statement to decide the application.(4)The
police commissioner must not give information about aninvestigationrelatingtotheactofviolenceifthepolicecommissioner is
reasonably satisfied giving the information—(a)mayprejudiceorotherwisehinderaninvestigationorprosecution to which the information may be
relevant;or(b)mayleadtotheidentificationofaninformantoraperson who is a notifier under
theChild Protection Act1999,
section 186; or(c)may affect the safety of a police
officer, complainant orother person; or(d)mayleadtothedisclosureofmethods,practicesorsystems used generally by police in
investigating allegedoffences.(5)Thepolicecommissionermaygiveinformationrequestedunder subsection (1) by allowing the
government assessor toaccessanelectronicdatabasemaintainedbythepoliceservice.(6)Ifthepolicecommissionergivesthegovernmentassessoraccesstoanelectronicdatabaseasmentionedinsubsection (5), the access to, and the use
of, the database islimitedtotheextentitisconnectedwiththerequestedinformation.(7)The
giving of information under subsection (2) is authoriseddespiteanyotherActorlaw,includingalawimposinganobligation to maintain confidentiality
about the information.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(8)In this section—Current as at [Not
applicable]Page 55
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 66]informationincludes a
document.Example of a document—a recording from
a body-worn camera under thePolice Powers
andResponsibilities Act 2000,
section 609A.Notauthorised—indicativeonly66Obtaining copies
of witness statements, or informationabout particular
conduct, in relation to act of violence(1)Thegovernmentassessormayaskthefollowing(eachtherelevantpoliceofficial)fortheinformationmentionedinsubsection (2) for a stated act of
violence in relation to whichassistance is
sought—(a)the police officer investigating the
act of violence;(b)if the government assessor does not
know the name ofthe police officer investigating the act of
violence, or thepolice officer is not available—the police
commissioner.(2)Forsubsection
(1),theinformationistheinformationtherelevant police official considers may be
relevant to decidingthe application for the assistance,
including—(a)copies of statements made by any
person about the actof violence, including statements made
by witnesses tothe act of violence; and(b)information the relevant police official
considers may berelevant to deciding—(i)whether the applicant for the assistance
committedtheactofviolence,orconspiredwiththepersonwho allegedly
committed the act of violence; or(ii)whether the only or main reason the act of
violencewascommittedagainsttheprimaryvictimoftheactwastheprimaryvictim’sinvolvementinacriminal activity; or(iii)iftheapplicantforassistanceisnottheprimaryvictimoftheactofviolence—whethertheapplicantwasawareoftheprimaryvictim’sinvolvementinacriminalactivitymentionedinsubparagraph (ii); orPage 56Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 66]Notauthorised—indicativeonly(iv)whethertheapplicanthasnotgivenreasonableassistance in
the police investigation of the act ofviolence,orinthearrestorprosecutionofthepersonwhoallegedlycommittedtheactofviolence, and whether the failure has
prevented thearrest or prosecution of the person who
allegedlycommitted the act of violence.(3)The relevant police official must
comply with a request undersubsection (1)
if, and to the extent, the relevant police officialisreasonablysatisfiedthegovernmentassessorreasonablyrequires the
information to decide the application.(4)Acopyofastatementmentionedinsubsection (2)(a)mayinclude particulars identifying the witness
only if the relevantpolice official reasonably believes
the identity of the witnessis relevant to
deciding the application.(5)Therelevantpoliceofficial’sobligationtocomplywitharequest under subsection (1) applies
only to information in therelevant police official’s possession
or to which the relevantpolice official has access.(6)The relevant police official must not
give information aboutan investigation relating to the act
of violence if the relevantpolice official
is reasonably satisfied giving the information—(a)mayprejudiceorotherwisehinderaninvestigationorprosecution to which the information may be
relevant;or(b)mayleadtotheidentificationofaninformantoraperson who is a notifier under
theChild Protection Act1999,
section 186; or(c)may affect the safety of a police
officer, complainant orother person; or(d)mayleadtothedisclosureofmethods,practicesorsystems used generally by police in
investigating allegedoffences.(7)The
giving of information under subsection (3) is authoriseddespiteanyotherActorlaw,includingalawimposinganobligation to maintain confidentiality
about the information.Current as at [Not applicable]Page
57
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 67]Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(8)In this section—informationincludes a
document.Example of a document—a recording from
a body-worn camera under thePolice Powers
andResponsibilities Act 2000,
section 609A.67Obtaining information about
prosecution(1)Thegovernmentassessormayaskthedirectorofpublicprosecutions for
the following information about a stated actof violence in
relation to which assistance is sought—(a)detailsofthechargeslaidfortheactofviolence,including any
charge laid against a person for conspiringwith the person
who committed the act;(b)details of the
place and date of hearing of the proceedingfor the
charge;(c)a decision to substantially change the
charge, or not tocontinue with the charge, or to accept a
plea of guilty toa lesser charge;(d)the
outcome of a proceeding for the charge, includingany
sentence imposed and the outcome of any appeal.(2)The
director must comply with the request if the director isreasonablysatisfiedthegovernmentassessorreasonablyrequires the
information to decide the application.(3)The
giving of information by the director under subsection (2)isauthoriseddespiteanyotherActorlaw,includingalawimposing an
obligation to maintain confidentiality about theinformation.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.Page 58Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 67A]67AObtaining information about act of violence
from court(1)The government assessor may ask the
registrar of a court forinformation about a stated act of
violence, including details ofthe injury
suffered by the primary victim of the act, for whichan
application for victim assistance has been made.(2)The registrar must give the government
assessor the requestedinformationiftheregistrarisreasonablysatisfiedthegovernmentassessorreasonablyrequirestheinformationtodecide the application.(3)The
registrar may give the requested information by allowingthe
government assessor to access an electronic database keptfor
the court.(4)Iftheregistrargivesthegovernmentassessoraccesstoanelectronicdatabaseundersubsection(3),theaccessto,anduse of, the database is limited to the
extent it is connected withthe requested
information.(5)The giving of information bythe
registrar under subsection(2) is authorised despite any other
Act or law, including a lawimposing an
obligation to maintain confidentiality about theinformation.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(6)In this section—registrar, in
relation to a Magistrates Court, means the clerkof
that court.67BObtaining information about relevant
payments fromSPER registrar(1)ThegovernmentassessormayasktheSPERregistrarforinformation about compensation amounts
for a stated act ofviolence in relation to which assistance is
sought.(2)TheSPERregistrarmustcomplywiththerequestiftheregistrarisreasonablysatisfiedthegovernmentassessorreasonably requires the information to
decide the application.Current as at [Not applicable]Page
59
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 68](3)ThegivingofinformationbytheSPERregistrarundersubsection(2)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(4)In this section—compensationamount,foranactofviolence,meansanamount—(a)orderedbyacourttobepaidtoaperson,underthePenalties and Sentences Act
1992, by way of restitutionor compensation
for the act; and(b)particularsofwhichareregisteredundertheStatePenalties
Enforcement Act 1999, section 34.68Confirming release or discharge date(1)ThissectionappliesifanapplicantforassistanceisbeingdetainedinacorrectionalservicesfacilityundertheCorrective Services Act 2006.(2)Thegovernmentassessormayaskthechiefexecutive(corrective services) to confirm the date
the applicant will bereleasedordischargedundertheCorrectiveServicesAct2006.(3)Thechiefexecutive(correctiveservices)mustcomplywiththerequestifthechiefexecutive(correctiveservices)isreasonablysatisfiedthegovernmentassessorreasonablyrequires the
information to decide the application.(4)Thedisclosureofinformationbythechiefexecutive(corrective services) under subsection (3)
is authorised despiteany other Act or law, including a law
imposing an obligationto maintain confidentiality about the
information.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 69]69Obtaining primary victim’s criminal history
from policecommissioner(1)If a
primary victim of an act of violence is an applicant forvictim assistance and the government
assessor has the relevantperson’s consent for obtaining the
victim’s criminal history,the government assessor may ask the
police commissioner fora written report about the victim’s
criminal history.Note—See section 80
for when a primary victim’s criminal history may berelevant.(2)Thegovernmentassessormayalsoaskthepolicecommissioner for
a written report about the criminal historyof a primary
victim of an act of violence who has died as adirect result of
the act if it may be relevant for deciding anapplication for
assistance by someone else.Note—See
section 80(2) for when a primary victim’s criminal history may
berelevant for deciding an application for
assistance by someone else.(3)Also,thegovernmentassessormayaskthepolicecommissioner for
a brief description of the circumstances of aconviction for
an offence mentioned in the primary victim’scriminal
history.(4)A request under this section may
include the following—(a)the name of the
person in relation to which the report issoughtandanyothernamethegovernmentassessorbelieves the person may use or may have
used;(b)the date and place of birth, gender
and addressoftheperson in
relation to which the report is sought.(5)The
police commissioner must comply with a request underthis
section.(6)Thepolicecommissioner’sobligationtocomplywitharequest under this section applies
only to information in thepolicecommissioner’spossessionortowhichthecommissioner has access.Current as at [Not
applicable]Page 61
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 69](7)Thedisclosureofaperson’scriminalhistoryunderthissection is
authorised despite any other Act or law, including alaw
imposing an obligation to maintain confidentiality aboutparticular information included in the
criminal history.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(8)Thegovernmentassessormaystopconsideringaprimaryvictim’sapplicationforvictimassistanceiftherelevantpersondoesnotgivethegovernmentassessorconsentforobtaining the victim’s criminal history
under this section.(9)Thegovernmentassessormayusethecontentsofareportobtained under
this section only for the following purposes—(a)deciding whether an application should be
refused undersection 80;(b)decidinganapplicationforamendmentofagrantofassistance under section 103;(c)the State recovering an amount from a
person under part16.(10)The government
assessor must destroy a report obtained underthis
section—(a)ifassistanceisgrantedfortheactofviolenceandanoffender is convicted of a relevant
offence for the act, atthe later of the following
times—(i)when the period mentioned in section
110A ends;(ii)when the scheme
manager decides not to recoverthe assistance
from the offender under part 16; or(b)otherwise—whenthereportisnolongerrequiredfordecidingtheapplicationforwhichitwassoughtorareview or appeal, or potential review
or appeal, relatingto the application.Page 62Current as at [Not applicable]
Division 2Victims of Crime
Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 70]Additional
provisions aboutconsidering applications for victimassistanceNotauthorised—indicativeonly70Deciding applications for series of
related crimes orseries of related acts of domestic
violence(1)This section applies if—(a)apersonhasmade2ormoreapplicationsforvictimassistance;
and(b)theschememanagerreasonablyconsiderstheapplicationsrelatetoaseriesofrelatedcrimesoraseries of
related acts of domestic violence.(2)The
scheme manager may decide that the applications must bedecided together as 1 application for a
single act of violenceinvolving the series of related crimes
or series of related actsof domestic violence.Note—See section
25B(4).(3)However,beforeactingundersubsection (2),theschememanager
must—(a)give the person a notice—(i)statingthemanagerisproposingthattheapplicationsbedecidedtogetheras1applicationfor a single act
of violence involving the series ofrelated crimes
or series of related acts of domesticviolence;
and(ii)invitingthepersontogivetheschememanager,withinastatedtimeofatleast7days,awrittensubmission about
the proposal; and(b)have regard to any submission received
from the personwithin the stated time.(4)If
the scheme manager decides that the applications must bedecidedtogetherundersubsection
(2),theschememanagermust
give the person a notice stating the following—Current as at [Not
applicable]Page 63
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 73](a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.73Examinations(1)The
government assessor may—(a)askanapplicantforvictimassistancetoundergoanexamination by a health practitioner
nominated by theassessor so that a report of the examination
can be givento the assessor under this section;
and(b)ask the relevant person to give the
government assessorconsent to obtain the report of the
examination from thehealth practitioner who conducts the
examination.(2)Iftherelevantpersongivesconsentasmentionedinsubsection (1)(b), the government assessor
may ask the healthpractitionerwhoconductstheexaminationundersubsection (1)(a)togiveareportoftheexaminationtothegovernment assessor.(3)A health practitioner who is asked by
the government assessortogivetheassessorareportofanexaminationconductedunder subsection (1)(a) may give the
assessor a report of theexamination.(4)A
report given under subsection (3)—(a)must
be in the approved form; and(b)mayincludeanotherdocumentthehealthpractitionerconsiders should
be read with the report.(5)ThegivingofareportunderthissectionbyahealthpractitionerisauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the examination.Page 64Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 74]Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(6)The government assessor may stop
considering the applicant’sapplicationforvictimassistanceuntilthegovernmentassessor
receives a report of the examination requested underthis
section.74Obtaining medical information from
designated person(1)Ifthegovernmentassessorhasthenecessaryconsentforobtaining medical information about an
applicant for victimassistance,thegovernmentassessormayaskadesignatedperson for
medical information about the applicant.(2)A
designated person who is asked by the government assessortogivetheassessormedicalinformationaboutastatedapplicantforvictimassistancemaygivetheassessorthemedical information.(3)The
disclosure of medical information by a designated personundersubsection
(2)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(4)In this section—designatedpersonseetheHospitalandHealthBoardsAct2011, schedule
2.medicalinformation,aboutaperson,meanstheperson’smedicalhistorysofarasitisrelevanttodecidingtheapplication.necessaryconsent,inrelationtoanapplicantforvictimassistance,meansconsentoftherelevantpersonfortheapplicant as
mentioned in section 52(c).Current as at [Not applicable]Page
65
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 75]75Obtaining information about child’s injuries
or needs(1)This section applies if an applicant
for victim assistance is achildwho,undertheChildProtectionAct1999,isinthecustody,orundertheguardianship,ofthechiefexecutive(child protection) or someone else.(2)The government assessor may ask the
chief executive (childprotection) for information about the
following—(a)the applicant’s injuries;(b)any special needs the applicant may
have;(c)confirmationthatastatedpersonhasbeengrantedcustody or guardianship of the applicant
under a childprotection order under theChild Protection Act 1999.(3)The chief
executive (child protection) must comply with therequestifthechiefexecutiveisreasonablysatisfiedthegovernmentassessorreasonablyrequirestheinformationtodecide the application.(4)Thedisclosureofinformationbythechiefexecutive(childprotection)undersubsection (3)isauthoriseddespiteanyother Act or law, including a law
imposing an obligation tomaintain confidentiality about the
information.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.76Obtaining information about person
with impairedcapacity(1)Thissectionappliesifthegovernmentassessorknows,orreasonably suspects, an applicant for victim
assistance has animpaired capacity.(2)ThegovernmentassessormayasktheQCATprincipalregistrar to—(a)advise whether a person has been appointed
under theGuardianshipandAdministrationAct2000asthePage 66Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 77]guardian or
administrator of the applicant and, if so, theperson’s name
and address; or(b)confirmwhetherastatedpersonistheguardianoradministrator of the applicant.(3)The QCAT principal registrar must
comply with the request ifthe principal registrar is reasonably
satisfied the governmentassessorreasonablyrequirestheinformationtodecidetheapplication.(4)The
disclosure of information by the QCAT principal registrarundersubsection
(3)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(5)In this section—QCAT principal
registrarmeans the principal registrar underthe
QCAT Act.77Obtaining information about relevant
payments(1)Ifthegovernmentassessorhasthenecessaryconsentforobtaininginformationunderthissectionaboutanapplicantforvictimassistanceinrelationtoanactofviolence,thegovernment assessor may—(a)asktheinsurancecommissionerundertheMotorAccident
Insurance Act 1994for information about—(i)whether the applicant has, in relation to
the act ofviolence, made a claim under that Act and,
if so,the status of the claim; or(ii)iftheapplicant’sclaimissuccessfulunderthatAct—the amount
paid or payable to the applicantin relation to
the claim; or(b)ask the police commissioner for
information about—Current as at [Not applicable]Page
67
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 77]Notauthorised—indicativeonly(i)whether the
applicant has, in relation to the act ofviolence,appliedforcompensationunderthePoliceServiceAdministrationAct1990,section 10.8 and, if so, the status of the
application;or(ii)iftheapplicant’sapplicationforcompensationisgrantedunderthatAct—theamountofcompensation paid or payable to the
applicant; or(c)ask the Workers’ Compensation chief
executive officerfor information about—(i)whether the applicant has, in relation to
the act ofviolence,appliedforcompensationundertheWorkers’ Compensation Act and, if so,
the statusof the application; or(ii)iftheapplicant’sapplicationforcompensationisgranted under the Workers’ Compensation
Act—the amount of compensation paid or payable
to theapplicantandtheexpenses,lossofearningsorother amount for which the compensation was
paidor is payable.(2)Also,thegovernmentassessormayaskthechiefexecutive(corrective services) for information
about—(a)whetheranapplicantforvictimassistancehas,inrelationtotheactofviolenceinrelationtowhichassistance is
sought, started a proceeding under chapter6,part12BofthatActand,ifso,thestatusoftheproceeding;
or(b)ifanapplicantforvictimassistanceissuccessfulinaproceeding under chapter 6, part 12B
of that Act—theamount paid or payable to the applicant in
relation to theproceeding.(3)Also, if a dispute relating to a relevant
offence for an act ofviolenceinrelationtowhichassistanceissoughthasbeenreferred for
mediation under theDispute Resolution CentresAct
1990, the government assessor may ask a director
underthat Act for information about—Page
68Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 77](a)whether an agreement has been reached for
the disputefollowing mediation under that Act;
or(b)ifanagreementhasbeenreachedforthedisputefollowingmediationunderthatAct—whethertheagreement provided for the payment of an
amount fromthepersonwhoallegedlycommittedtheoffencetoastated victim of the act of violence
and, if so, the amountpaidortobeorpayabletothevictimundertheagreement.(4)Also, if the government assessor has the
necessary consent forobtaininginformationunderthissectionaboutanapplicantforvictimassistanceinrelationtoanactofviolence,thegovernmentassessormayaskthechiefexecutiveofficer(NIISQ)forinformationaboutthemattersmentionedinsubsection (5) or (6).(5)IftheactofviolenceresultedinamotorvehicleaccidentwithinthemeaningoftheMotorAccidentInsuranceAct1994, the matters
are—(a)whether the applicant has made an
NIISQ application inrelation to the injury suffered by the
applicant as a directresult of the act of violence and, if
so, the status of theapplication; and(b)if
the applicant has been accepted under the NIISQ Actas a
participant in the scheme in relation to the injurymentioned in paragraph (a)—(i)asupportplanmadeunderthatActfortheapplicant; and(ii)anyservicerequestsmadeordecidedunderthatAct for the
applicant; and(iii)any funding
agreement entered into by the agencyunder that Act
for the applicant’s treatment, care orsupport;
and(iv)any payment
requests made or decided under thatAct for the
applicant’s treatment, care or support.Current as at [Not
applicable]Page 69
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 77]Notauthorised—indicativeonly(6)Iftheapplicanthasmadeaworkers’compensationapplication, the
matters are—(a)whethertheagencyundertheNIISQActhasbeenengagedbyaninsurerundertheWorkers’CompensationAct,section232ZI,toperformtheinsurer’sfunctions,orexercisetheinsurer’spowers,under chapter 4A of the Workers’
Compensation Act inrelation to the applicant; and(b)if the agency under the NIISQ Act has
been engaged asmentioned in paragraph (a)—(i)theapplicant’sentitlementtotreatment,careorsupportpaymentsundertheWorkers’Compensation
Act; and(ii)anysupportplanmadeunderthatActfortheapplicant;
and(iii)anyservicerequestsmadeordecidedunderthatAct for the
applicant; and(iv)any funding
agreement entered into by the agencyunder that Act
for the applicant’s treatment, care orsupport;
and(v)any payment requests made or decided
under thatAct 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)appliesonlyiftheentityisreasonablysatisfiedthegovernmentassessorreasonablyrequirestherequestedinformation to
decide the application.(9)Thedisclosureofinformationbyanentityundersubsection (4)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection 140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.Page 70Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 78](10)In
this section—chiefexecutiveofficer(NIISQ)meansthechiefexecutiveofficer of the National Injury Insurance
Agency, Queenslandunder the NIISQ Act.necessaryconsent,inrelationtoanapplicantforvictimassistance,meansconsentoftherelevantpersonfortheapplicant as
mentioned in section 52(c).Workers’Compensationchiefexecutiveofficermeansthechief executive officer of the Authority, or
WorkCover, withinthe meaning of the Workers’ Compensation
Act.Division 3Restrictions on
granting assistance78Grant only if applicant is
eligibleThegovernmentassessormaygrantassistancetoapersononly if the
government assessor is satisfied, on the balance ofprobabilities,thepersoniseligiblefortheassistanceunderthis
chapter.79No grant if applicant conspired to
commit act of violenceThe government assessor can not grant
assistance to a personifthegovernmentassessorissatisfied,onthebalanceofprobabilities,thepersonconspiredwiththepersonwhocommitted the act of violence in relation to
which assistanceis sought.80No
grant to particular persons if primary victim’sactivities caused
act of violence(1)The government assessor can not grant
assistance to a primaryvictimofanactofviolenceifthegovernmentassessorissatisfied, on the balance of
probabilities, the only reason, orthe main reason,
the act of violence was committed againstthe primary
victim was—Current as at [Not applicable]Page
71
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 80]Notauthorised—indicativeonly(a)because the
victim was involved in a criminal activitywhen the act of
violence happened; or(b)becauseofthevictim’spreviousinvolvementinacriminal activity, whether or not the
victim is currentlyinvolved in the criminal activity.(2)The government assessor can not grant
assistance in relationto an act of violence to a person who
is not the primary victimoftheactifthegovernmentassessorissatisfied,onthebalance of probabilities—(a)the only reason, or the main reason,
the act of violencewas committed against the primary victim of
the act wasa reason mentioned in subsection (1)(a) or
(b); and(b)the person was, or ought reasonably to
have been, awareoftheprimaryvictim’sinvolvementinthecriminalactivity.(3)Subsection (2) does not apply if the
person was aware of theprimaryvictim’sinvolvementinthecriminalactivityonlybecause the
person witnessed the act of violence.(4)Indecidingwhetheraprimaryvictimofanactofviolencewas involved in
a criminal activity, the government assessormay have regard
to the following—(a)any information, or the contents of
any document, aboutthe act of violence obtained under section
65 or 66; and(b)thecircumstancesoftheoffencestowhichtheconvictions mentioned in the victim’s
criminal historyrelate, including—(i)when
the offences happened; and(ii)the seriousness
of the offences; and(iii)theprimaryvictim’sagewhentheoffenceshappened;
and(iv)the regularity
of the offences; and(c)anyothermatterstheassessorconsidersrelevantforassessing the primary victim’s involvement
in a criminalactivity.Page 72Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 81]81No
grant if act of violence not reported(1)The
government assessor can not grant assistance in relationto
an act of violence if—(a)the act of
violence has not been reported to—(i)a
police officer; or(ii)foranactofviolenceagainstaspecialprimaryvictim—apoliceofficer,thevictim’scounsellor,psychologistordoctor,oradomesticviolenceservice; and(b)the
government assessor is reasonably satisfied there isno
reasonable excuse for the report not being made.(2)In this section—domesticviolenceservicemeansanentitythatprovidesservices to
persons who fear or experience domestic violence.psychologistmeansapersonregisteredundertheHealthPractitionerRegulationNationalLawtopractiseinthepsychology
profession, other than as a student.special primary
victimmeans—(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 ofpower, influence
or trust in relation to the primaryvictim when the
act was committed; orExamplesofpersonswhomaybeinapositionofpower,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 existedwhen the act was
committed; orCurrent as at [Not applicable]Page
73
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 82](c)aprimaryvictimofanactofviolencewhoisbeingthreatened or
intimidated by the person who committedthe act, or by
someone else.Notauthorised—indicativeonly82No grant if
reasonable assistance not given(1)The
government assessor can not grant assistance to a personifthegovernmentassessorissatisfied,onthebalanceofprobabilities—(a)the
person has not given reasonable assistance in—(i)thepoliceinvestigation(ifany)oftheactofviolence in relation to which assistance is
sought;or(ii)if the act of
violence in relation to which assistanceis sought is a
crime or series of related crimes—thearrest or
prosecution of the person who committed,or allegedly
committed, the act; and(b)ifparagraph(a)(ii)applies—thefailurehaspreventedthe arrest or
prosecution of the person who committed,or allegedly
committed, the act of violence.(2)Subsection (1)doesnotapplyifthegovernmentassessorisreasonablysatisfiedthepersonhadareasonableexcusefornot providing the assistance.(3)For subsection (2), in considering
whether the person had areasonableexcusefornotprovidingtheassistance,thegovernment 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 ornot it existed when the act was
committed;(c)ifthepersonistheprimaryvictimoftheactofviolence—whether the act of violence
involves a sexualoffence;(d)whether the person who allegedly committed
the act ofviolence is in a position of power,
influence or trust inrelation to the person;Page
74Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 83]Examples of
persons who may be in a position of power, influenceor
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 theperson who committed, or allegedly
committed, the actor violence or by someone else;(g)the nature of the person’s injury or
alleged injury;(h)whether any other special
circumstances prevented theperson from
providing the assistance;(i)any other matter
the assessor considers relevant.Division 4Other general provisions aboutconsidering applications83Dealing with application if applicant has
earlierapplication(1)This
section applies if an applicant for assistance has made anearlier 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, thegovernment assessor may act under subsection
(2) only if—(a)theapplicanthasbeeninvitedtowithdrawtheearlierapplication
under section 59 within a stated period of atleast 7 days;
and(b)the applicant has not withdrawn the
earlier applicationwithin the stated time.Note—See
also section 60 for amendments of applications.(4)Also, if the earlier application has not
been decided and thegovernmentassessorconsiderstheapplicationsrelatetoaCurrent as at [Not
applicable]Page 75
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 84]series of
related crimes or a series of related acts of domesticviolence, the government assessor—(a)mustnotrefusethelaterapplicationundersubsection (2); and(b)mustrefertheearlierandlaterapplicationstothescheme manager to be dealt with under
section 70.Note—Section 70
provides for deciding 2 or more applications for aseries of related crimes, or a series of
related acts of domesticviolence, as 1 application for a
single act of violence involvingthe
series.(5)Subsection(2)doesnotapplyif 1oftheapplicationsisanapplication for victim assistance and
the other application isfor funeral expense assistance.84Deferring decision if applicant is
detained(1)ThissectionappliesiftheapplicantforassistanceisbeingdetainedinacorrectionalservicesfacilityundertheCorrective Services Act 2006.(2)The government
assessor can not decide the application untilthe applicant is
released or discharged under theCorrectiveServices Act
2006.(3)However,ifundersubsection
(2)theapplicationisnotdecidedwithin5yearsafteritwasmade,thegovernmentassessor must,
despite that subsection, decide the applicationas 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 anact of violence;
and(b)the primary victim has died as a
direct result of the actof violence; andPage 76Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 84B](c)thepolicecommissionerhasnotifiedthegovernmentassessor under
section 65 that the cause of the primaryvictim’s death
is unknown.(2)The government assessor may defer
deciding the applicationuntil the first of the following
happens—(a)apersonischargedwithanoffencethegovernmentassessor
reasonably considers is a relevant offence forthe act of
violence;(b)a coroner under theCoroners Act 2003makes a
findingunderthatActinrelationtothedeathoftheprimaryvictim;(c)acauseofdeathcertificatefortheprimaryvictimisissuedundertheBirths,DeathsandMarriagesRegistration Act
2003;(d)thepolicecommissioneradvisesthegovernmentassessor about
the cause of the primary victim’s death.(3)If
the government assessor defers deciding the application, thegovernment assessor must give the applicant
a notice statingthe following—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.84BDeferring decision if false or
misleading informationallegedly provided by applicant(1)Thissectionappliesiftheschememanagerhasmadeacomplainttoapoliceofficerallegingthatanapplicantforassistance has committed an information
offence.(2)The government assessor may defer
deciding the application,or defer deciding the amount of
assistance to be granted, untileither of the
following happens—Current as at [Not applicable]Page
77
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 84C](a)the
applicant is charged with an information offence andtheproceedingrelatingtotheoffenceends,includingany
appeal;(b)thepolicecommissioneradvisestheschememanagerthe
investigation into the scheme manager’s complainthas
ended without the applicant being charged with aninformation offence.(3)If
the government assessor defers deciding the application ortheamountofassistancetobegranted,thegovernmentassessormustgivetheapplicantanoticestatingthefollowing—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.(4)If,undersubsection(2),theapplicationortheamountofassistance to be granted is not decided
within 2 years after theapplication was made, the government
assessor must, despitethatsubsection,makethedecisionassoonasreasonablypracticable.(5)In
this section—information offencemeans an offence
involving the giving offalse or misleading information by the
applicant in connectionwith the application.84CDeferring decision if recovery of
assistance granted tosomeone else is disputed(1)This section applies if—(a)an applicant for assistance has been
given a notice undersection 115 in relation to an offence;
andPage 78Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 85](b)theapplicanthasgiventheschememanageranoticeunder section
116 (theapplicant’s notice) disputing
theclaim; and(c)the
dispute mentioned in the applicant’s notice has notbeenfinallydecidedasmentionedinsection117(2)(b)(i).(2)The
government assessor may defer deciding the application,or
defer deciding the amount of assistance to be granted, untilthedisputementionedintheapplicant’snoticeisfinallydecided as
mentioned in section 117(2)(b)(i).(3)If
the government assessor defers deciding the application ortheamountofassistancetobegranted,thegovernmentassessormustgivetheapplicantanoticestatingthefollowing—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.(4)If,undersubsection(2),theapplicationortheamountofassistance to be granted is not decided
within 2 years after theapplication was made, the government
assessor must, despitethatsubsection,makethedecisionassoonasreasonablypracticable.Division 5Working out amount of assistance85Deciding amount of assistance
generally(1)This section applies for deciding the
amount of assistance (ifany) to be granted to an
applicant.(2)Indecidingtheamount,thegovernmentassessormayhaveregard to, and
may reduce the amount that would otherwise bepayable to the
applicant on the basis of, the following—Current as at [Not
applicable]Page 79
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 86](a)the
extent to which the applicant’s conduct directly orindirectlycontributedtotheinjurysufferedbytheapplicantasadirectresultoftheactofviolenceinrelation to which assistance is
sought;(b)any other matter prescribed under a
regulation for thissection.(3)Aquestionoffactfordecidingthemattermentionedinsubsection (2)(a),orfordecidingthecategoryoftheactofviolence in relation to which special
assistance is sought, mustbe decided on the balance of
probabilities.(4)The government assessor may be
satisfied on the balance ofprobabilities
that an act of violence of a particular categoryhas
caused a person’s injury even though—(a)no
person has been charged with, or convicted of, an actof
violence of that category in relation to the injury; or(b)a person has been charged with, or
convicted of, an actofviolenceofadifferentcategoryinrelationtotheinjury.(5)Ifaregulationprescribesamatterforsubsection (2)(b),thegovernment assessor may reduce the amount of
assistance thatwould otherwise be payable to a person on
the basis of thematter only if the person’s application for
assistance is madeafter the matter is prescribed.86Reduction if relevant payment
received(1)This section applies if the government
assessor is reasonablysatisfiedanapplicantforassistanceinrelationtoanactofviolence has received, or will receive, a
relevant payment forthe act.(2)Thegovernmentassessormustreducetheamountofassistance that would otherwise be payable
to the applicant byan amount equivalent to the relevant
payment.(2A)However,subsection(2)doesnotapplytotheextentthegovernmentassessorissatisfiedthepurposeforwhichtherelevantpaymentwasorwillbemadedoesnotincludePage 80Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 87]compensating the
applicant for expenses in relation to whichthe applicant is
eligible for assistance.Example—Anapplicantiseligibleforassistanceforcounsellingexpensesmentioned in section 39(a), 42(a), 45(a),
46(a) or 49(a). A relevantpaymentisreceivedbytheapplicantundertheNIISQActfortheapplicant’s
treatment, care and support within the meaning of that Act.The
purpose of the relevant payment does not include compensating
theapplicant for counselling expenses.(3)Iftheassistancepayabletoanapplicantisreducedundersubsection (2) and an amount of assistance
remains payable totheapplicantafterthereduction,thegovernmentassessormust—(a)decidethecomponentofassistanceforwhichtheamount is payable, having regard to—(i)the applicant’s needs; and(ii)whether the
applicant has incurred any expenses;and(iii)anythingelsethegovernmentassessorconsidersrelevant;
and(b)give the applicant a notice
stating—(i)the decision; and(ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,section 27B(Content of
statement of reasons for decision).(iii)the
internal review details for the decision.87Deferring decision if victim’s conduct may
be relevant(1)This section applies if—(a)aperson(applicant)hasappliedforassistanceinrelation to an act of violence; andCurrent as at [Not applicable]Page
81
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 87]Notauthorised—indicativeonly(b)aperson(chargedperson)hasbeenchargedwithanoffencethatthegovernmentassessorreasonablyconsiders is a
relevant offence for the act; and(c)thegovernmentassessorreasonablybelievesthat,inrelation to the charge, a relevant
justification, excuse ordefence may be raised.(2)The government assessor may defer
deciding the amount ofassistancetobegrantedtotheapplicantuntil1ofthefollowing happens—(a)the
prosecuting agency decides not to continue with thecharge;(b)there is a mistrial for the charge;(c)thechargedpersonisacquittedorconvictedofthecharge;(d)the
prosecution process for the charge ends in anotherway.(3)If a
trial is started in relation to the charge and evidence
givenat the trial raises a relevant
justification, excuse or defence,thegovernmentassessormust,indecidingthemattermentioned in
section 85(2)(a), have regard to the evidence.(4)Subsection (3)appliesonlytotheextentthegovernmentassessor has
lawful access to the evidence.(5)Ifthegovernmentassessordecidestodeferdecidingtheamountofassistanceunderthissection,thegovernmentassessormustgivetheapplicantanoticestatingthefollowing—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.(6)In this section—Page 82Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 88]relevantjustification,excuseordefencemeansajustification, excuse or defence that
involves the conduct of—(a)the applicant;
or(b)if the applicant is not the primary
victim of the act ofviolence—the primary victim.Notauthorised—indicativeonlyPart
13Granting or refusing assistanceDivision 1Deciding
application88Inviting submissions from
applicant(1)This section applies if—(a)underpart12,division3,thegovernmentassessorproposes to refuse an application for
assistance; or(b)underpart12,division5,thegovernmentassessorproposes to reduce the assistance that would
otherwisebe payable to an applicant.(2)The government assessor must give the
applicant a notice—(a)stating—(i)thebasisonwhichthegovernmentassessorisproposingtorefusetheapplicationorreducetheassistance that would otherwise be payable
to theapplicant; and(ii)if
the government assessor is proposing to reducethe assistance
that would otherwise be payable tothe applicant
under section 86(2)—the componentof assistance
for which the government assessor isproposingtopayanyremainingamountofassistance payable to the applicant;
and(b)inviting the applicant to make, within
a stated time, anoral or written submission about the matter
mentionedin paragraph (a).Current as at [Not
applicable]Page 83
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 89](3)The
stated time must be reasonable and, in any case, at least28
days after the government assessor gives the notice to theapplicant.(4)Beforedecidingtheapplication,thegovernmentassessormust
consider any submission made by the applicant withinthe
stated time.(5)Despite subsections (2) to (4), the
government assessor maydecide the application before the
stated time if the applicanthasadvisedthegovernmentassessorthattheapplicantwillnotmakeasubmissionaboutthemattermentionedinsubsection (2)(a).89Deciding application(1)Afterconsideringanapplicationforassistance,andanyinformation or documents obtained
under this chapter for theapplication, the government assessor
must decide—(a)togranttheapplicantassistanceasworkedoutunderthis chapter,
with the condition mentioned in subsection(2)andanyotherconditionsthegovernmentassessorconsiders appropriate; or(b)to refuse the application.(2)The government assessor must impose a
condition on a grantof assistance that, if the applicant
receives a relevant paymentfor the act of
violence within 6 years after the assistance isgranted, the
applicant must give the scheme manager writtenor oral notice
of the payment within 28 days after receiving it.Note—Failure to
comply with the condition imposed under subsection (2) is anoffence—see section 141B.90Notice of decision to grant
assistanceIfthegovernmentassessordecidestograntassistance,thegovernment assessor must give the applicant
a notice statingthe following—Page 84Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 91](a)any
amount payable to the applicant, including—(i)the
total amount payable to the applicant; and(ii)theamountpayableforeachcomponentofassistance;(b)the
conditions imposed on the grant of assistance;(c)the
reasons for the decision, including the imposition ofany
conditions;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(d)the internal review details for the
decision.91Notice of decision to refuse
assistanceIfthegovernmentassessor’sdecisionistorefuseanapplication for assistance, the
government assessor must givethe applicant a
notice stating the following—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.Division 2Paying
assistance92Application of div 2This
division applies if an applicant is granted assistance.93Paying assistance generally(1)The assistance may be paid—Current as at [Not applicable]Page
85
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 94](a)entirely to the applicant; or(b)partly to the applicant and partly to
someone else for thebenefit 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 theapplicant—a counsellor as
payment for a stated number of counselling sessions(2)Iftheapplicantisgrantedassistanceforexpenses,theassistancedoesnotbecomepayableuntilthegovernmentassessorreceivesacopyofaninvoiceorreceiptfortheexpenses.(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 forthe benefit of
the applicant if—(a)the assistance is for unpaid expenses
and the assistanceispaidtothepersonwhogavetheinvoicefortheexpenses; or(b)the
assistance is for expenses paid by a person other thantheapplicantandtheassistanceispaidtothepersonwho paid the
expenses; or(c)the applicant is a child, and the
assistance is lump sumassistance and is paid to the public
trustee to be held ontrust under thePublic Trustee
Act 1978; or(d)the
applicant is an adult with an impaired capacity for aprescribed financial matter who has an
administrator forthe matter, and the assistance is lump sum
assistance andis paid to the administrator; or(e)the applicant is an adult with an
impaired capacity for aprescribedfinancialmatterwhodoesnothaveanadministratorforthematterbuthasappointedanattorneyforthematterunderanenduringpowerofPage 86Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 95]attorney, and
the assistance is lump sum assistance andis paid to the
attorney.(2)In this section—lump sum
assistancemeans—(a)special assistance; or(b)assistance for loss of earnings; or(c)assistance as mentioned in section
49(e) or (f).prescribedfinancialmattermeansthefinancialmatterofreceiving lump sum assistance.unpaidexpensesmeansexpensesforwhichaninvoicehasbeen
given but have not been paid.95Paying assistance if applicant liable to pay
amount toState(1)If
the applicant is liable to pay an amount (payable
amount)to the State under a recovery
provision because of an offencecommitted by the
applicant—(a)theassistancegrantedtotheapplicantor,iftheassistance is greater than the payable
amount, the part ofthe assistance equivalent to the payable
amount, is to beretained by the State; and(b)the amount retained under paragraph
(a) must be appliedtowardssatisfyingtheapplicant’sliabilitytotheStateundertherecoveryprovisionand,forthatpurpose,istaken to have been paid to the State
by the applicant.(2)If,afterassistanceisgrantedtotheapplicant,theapplicantbecomes liable
to pay an amount to the State under a recoveryprovision
because of an offence committed by the applicant,subsection (1)(a) and (b) apply in relation
to any part of theassistance not already paid to the
applicant.(3)Iftheassistancepayabletoanapplicantisreducedundersubsection (1)or(2)andanamountofassistanceremainspayable to the applicant after the
reduction, the governmentassessor must—Current as at [Not
applicable]Page 87
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 96](a)decidethecomponentofassistanceforwhichtheamount is payable, having regard to—(i)the applicant’s needs; and(ii)whether the
applicant has incurred any expenses;and(iii)anythingelsethegovernmentassessorconsidersrelevant;
and(b)give the applicant a notice
stating—(i)the decision; and(ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,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 registrarof
any amount taken to have been paid by the applicant to theState under subsection (1)(b) or (2).(5)In this section—recovery
provisionmeans section 117(4) or 191(4).96Unpaid assistanceIf, because of
the acts or omissions of the applicant, all or apart
of the assistance granted to the applicant is not paid to,
orforthebenefitoftheapplicant,within6yearsaftertheassistanceisgranted,theassistanceorpartstopsbeingpayable to the
applicant.Example—Iftheassistancegrantedtotheapplicantincludedamountsfor10counsellingsessionsandtheapplicantonlyattends8counsellingsessions within
6 years after the assistance is granted, the part of theassistance payable for the 2 remaining
counselling sessions stops beingpayable.Page
88Current as at [Not applicable]
Part
14Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 97]Interim
assistanceNotauthorised—indicativeonly97Application of pt 14This
part applies if—(a)underpart9or10,apersonappliesforassistanceinrelation to an act of violence (general application); and(b)thegovernmentassessorhasnotdecidedthegeneralapplication;
and(c)the person incurs, or is reasonably
likely to incur beforethe general application is decided,
urgent and immediateexpenses of a kind for which the
person may be eligiblefor assistance; and(d)inthegeneralapplication,thepersonalsoappliesforinterim assistance under this part in
relation to the act ofviolence.98Deciding application for interim
assistance(1)The government assessor may grant the
person assistance ofupto$6,000(interimassistance)forurgentorimmediateexpenses
incurred, or reasonably likely to be incurred, by theperson if the assessor is reasonably
satisfied it is necessary forthe person to
incur the expenses before the general applicationis
decided.(2)Thegovernmentassessormustimposeaconditiononthegrantofinterimassistancethat,ifthepersonreceivesarelevantpaymentfortheactofviolencebeforethegeneralapplicationisdecided,theapplicantmustgivetheschememanager written
or oral notice of the payment within 28 daysafter 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 imposedif the
government assessor grants the applicant assistance.Current as at [Not applicable]Page
89
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 99](3)The
government assessor may impose other conditions on thegrant of interim assistance.(4)Section 88doesnotapplytodecidinganapplicationforinterim assistance.Notauthorised—indicativeonly99Steps after
application for interim assistance decided(1)The
government assessor must give the person a notice for thedecision on the application for interim
assistance stating—(a)if the decision is to grant interim
assistance—(i)theamountpayabletotheapplicant,andtheconditions imposed; and(ii)the reasons for
the decision; andNote—SeetheActsInterpretationAct1954,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; andNote—SeetheActsInterpretationAct1954,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 sameway
it applies to other assistance.100Effect of decision on general
application(1)Ifthegovernmentassessordecidestograntthepersonassistance under
the general application—(a)the amount paid
in interim assistance must be deductedfrom the
assistance otherwise payable to the person; andPage 90Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 101](b)if
the amount paid in interim assistance is more than theassistancepayableinrelationtothegeneralapplication—the
person must refund the excess amountpaid to the
State.(2)Ifthegovernmentassessorrefusestheperson’sgeneralapplication for assistance, the person must
refund the amountpaid in interim assistance to the
State.(3)An amount that is refundable under
this section is a debt owedto the State by
the person.Part 15Amendment of
grantsDivision 1Amendment on
application101Application 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 tochange.(2)Thepersonmayapplytotheschememanagerforanamendment of the
grant to—(a)change the amount of assistance
granted; or(b)change the conditions imposed on the
grant, other thanthe condition imposed under section
89(2).(3)An application for amendment of the
grant of assistance mustbe made—(a)if
the assistance was granted to an adult—within 6 yearsafter the assistance was originally granted;
or(b)if the assistance was granted to a
child—before the childturns 24.Current as at [Not
applicable]Page 91
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 102](4)Theapplicationmuststatetheperson’scircumstancesthathave
changed or are likely to change.(5)Only
1 application for amendment of the grant of assistancemay
be made under this section in a calendar year.(6)Subsection (5)doesnotapplyiftheschememanagerisreasonablysatisfiedthatexceptionalcircumstancesexisttoallow more than 1 application to be
made in a calendar year.(7)Subsection (5)
does not prevent an application being made ifthepersonhasbeengivenanamendmentnoticeunderdivision 2 for
the grant of assistance.102Person who is to
decide applicationIf an application for amendment of the grant
of assistance ismade to the scheme manager under section
101, the schememanager may—(a)decide the application; or(b)ask the government assessor who
granted the assistance,oranothergovernmentassessor,todecidetheapplication.103Considering application(1)Thepersondecidinganapplicationforamendmentofthegrant of assistance under this part
may have regard to—(a)thechangeorlikelychangeintheapplicant’scircumstances
for which the application is made; and(b)any
other changes in the applicant’s circumstances thatmay
be relevant; and(c)any fresh evidence that has become
available since theassistancewasgrantedorsincethegrantwaslastamended under
this part; and(d)any relevant payments for the act of
violence in relationtowhichtheassistancewasgrantedthathavebeenreceivedby,orthathavebecomepayableto,thePage 92Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 104]applicant since
the assistance was granted or since thegrant was last
amended under this part; and(e)any
other matter the person considers relevant.(2)The
following provisions apply in relation to the amendmentapplication in the same way as they apply in
relation to theoriginal application for assistance—(a)sections 63 to 69;(b)sections 73 to 77;(c)part
12, division 5.104Decision on application(1)Thepersondecidinganapplicationforamendmentofthegrant of assistance under this part
may—(a)change the amount of assistance
granted, by increasingor decreasing the amount; or(b)change the conditions imposed on the
grant, other thanthe condition imposed under section 89(2),
including byimposing new conditions on the grant.(2)However, the person may decrease the
amount of assistancegranted only if—(a)the
applicant has asked for the decrease; or(b)thedecreaserelatestounpaidassistanceforexpensesreasonably
likely to be incurred, and the expenses havenotbeenincurredandarenotreasonablylikelytobeincurred;
or(c)thedecreaserelatestounpaidassistanceforlossofearnings and, as a result of a change in the
applicant’scircumstances, the applicant’s loss of
earnings is lowerthan the loss of earnings that formed the
basis on whichthe 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—Current as at [Not
applicable]Page 93
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 105]unpaid
assistancemeans assistance that has been granted
butnot paid.Notauthorised—indicativeonly105Steps after
application decided(1)The person who decides an application
for amendment of agrantofassistanceunderthispartmustgivetheapplicantnotice of the
person’s decision on the application.(2)Ifthedecisionistorefuse
theapplication,ortoamendthegrantofassistanceinawayotherthansoughtbytheapplicant, the
notice must state the following—(a)the
decision;(b)the reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.(3)Part 13, division 2 applies to an
increase in assistance grantedunder section
104 in the same way as it applies to the originalgrant of assistance.Division 2Amendment without application—uncounted relevant payments106Definitions for divisionIn
this division—amendment noticesee section
106A(2).response periodsee section
106A(2)(c).scheme manager, in relation to
a grant of assistance, includesthegovernmentassessorwhograntedtheassistance,oranother government assessor, if the scheme
manager asks thegovernmentassessortoperformtheschememanager’sfunctions under this division in relation to
the assistance.Page 94Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 106A]uncountedrelevantpayment,inrelationtoagrantofassistance, means a relevant payment
for the act of violence inrelation to which the assistance was
granted that—(a)was not taken into account by the
government assessorwhen the assistance was granted; and(b)would have resulted in a reduction of
assistance grantedto the person under section 86 if it had
been taken intoaccount by the government assessor when the
assistancewas granted.106ANotice 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 hasreceived, or is likely to receive, an
uncounted relevantpayment.(2)Theschememanagermustgivethepersonanotice(anamendment notice) stating the
following—(a)that the scheme manager proposes to
amend the grant ofassistance under this division;(b)thebasisonwhichtheschememanagerreasonablysuspects the
person has received, or is likely to receive,an uncounted
relevant payment;(c)that the person may, within a stated
period (theresponseperiod),makeoralorwrittenrepresentationstothescheme manager—(i)agreeing to the proposed amendment;
or(ii)about why the
proposed amendment should not bemade;(d)that the person may, within the
response period, avoidfurtheractionbeingtakenunderthisdivisionbyapplyingforanamendmentofthegrantofassistanceCurrent as at [Not
applicable]Page 95
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 106B]underdivision1inrelationtotheuncountedrelevantpayment.(3)The
response period must end at least 14 days after the personis
given the amendment notice.(4)Anamendmentnoticemayonlybegivenforagrantofassistance—(a)if
the assistance was granted to an adult—within 6 yearsafter the assistance was originally granted;
or(b)if the assistance was granted to a
child—before the childturns 24.106BObtaining information from chief executive
(transport) forgiving amendment notice(1)This
section applies if the scheme manager—(a)proposestogiveapersonanamendmentnoticeforagrant of
assistance; and(b)reasonablybelievestheschememanagerdoesnotpossessup-to-dateinformationabouttheperson’saddress.(2)The scheme manager may, to enable the
scheme manager togive the person an amendment notice, ask the
chief executive(transport) for the person’s address.(3)The chief executive (transport) must
comply with the requestifthechiefexecutiveisreasonablysatisfiedtheschememanagerreasonablyrequirestheinformationtogivetheperson an amendment notice.(4)The giving of information by the chief
executive (transport)undersubsection(3)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.Page 96Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 106C](5)If
the scheme manager uses the information to give the personan
amendment notice, the notice must state that the schememanager has obtained information under this
section.106CObtaining information for making
decision aboutuncounted relevant payment(1)This section applies if the scheme
manager has given a personan amendment notice for a grant of
assistance.(2)Sections65to67Band74to77(theappliedprovisions)apply in relation to the amendment notice as
if the notice werean application for assistance.(3)However, the scheme manager may obtain
information underan applied provision only if the scheme
manager reasonablyrequirestheinformationtodecidewhetherthepersonhasreceived,orislikelytoreceive,anuncountedrelevantpayment.(4)Forsubsection(2),theappliedprovisionsapplyasifareference in the provisions to—(a)the government assessor were a
reference to the schememanager; and(b)deciding an application for assistance were
a referenceto deciding whether the person has received,
or is likelyto receive, an uncounted relevant payment;
and(c)the applicant were a reference to the
person; and(d)anactofviolenceinrelationtowhichassistanceissought were a reference to the act of
violence in relationto which the assistance was
granted.(5)If the scheme manager asks an entity
for information under anapplied provision, the scheme manager
must, within 28 daysafter the request is made, give the
person a notice stating thenameoftheentityfromwhominformationhasbeenrequested.Current as at [Not
applicable]Page 97
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 106D]106DDecision 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 appliedduringtheresponseperiodtoamendthegrantofassistance under division 1 in relation to
the uncountedrelevant payment; and(c)information requested by the scheme manager
under anappliedprovisionwithinthemeaningofsection106Chas
been received or the scheme manager’s request forthe
information has been otherwise dealt with.(2)Theschememanagermustdecidewhetherthepersonhasreceived,orislikelytoreceive,anuncountedrelevantpayment.(3)In
making the decision, the scheme manager must—(a)consider all oral or written representations
made by theperson during the response period;
and(b)observe the principles of natural
justice.106EAmendment of grant of
assistance(1)Thissectionappliesif,undersection106D,theschememanagerdecidesthepersonhasreceived,orislikelytoreceive, an uncounted relevant
payment.(2)Theschememanagermustamendtheamountofassistancegrantedtoreduceittotheamountthatwouldhavebeengranted under section 86 if the government
assessor had takentheuncountedrelevantpaymentintoaccountwhentheassistance was granted.(3)If,afterthereduction,anamountofassistanceremainspayable to the person, the scheme manager
must decide thecomponent of assistance for which the amount
is payable.(4)In making the decision, the scheme
manager must have regardto the following—Page 98Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 106F](a)the
person’s needs;(b)whether the person has incurred
expenses;(c)anything else the scheme manager
considers relevant.106FNotice of decisionThe scheme
manager must give the person a notice stating thefollowing—(a)the
decisions under section 106D(2) and 106E(3);(b)the
reasons for the decisions;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decisions.106GRefund of excess assistance(1)If the grant of assistance is amended
under this division, theperson must refund to the State the
amount of assistance paidto the person in excess of theamountofassistancegrantedfollowing the amendment.(2)An
amount refundable under this section is a debt payable tothe
State by the person.Part 16Recovering
assistance fromoffender107Purpose of pt 16This part helps
the State to recover assistance granted for anact of violence
from a person who is convicted of a relevantoffence for the
act.Current as at [Not applicable]Page
99
Victims
of Crime Assistance Act 2009Chapter 3 Victims
financial assistance scheme[s 108]108References to assistance granted for an act
of violenceInthispart,areferencetoassistancegrantedforanactofviolenceisareferencetoassistancegrantedasvictimassistance, or
funeral expense assistance, in relation to the act.Notauthorised—indicativeonly109Recovery
available only for assistance that is paidThe State may,
under this part, recover assistance, or a part ofassistance, granted for an act of violence
from a person who isconvictedofarelevantoffencefortheactonlyiftheassistanceorparthasbeenpaidtoapersonunderpart13,division 2.Note—Seesection 118forthereductioninaperson’sliabilitytopayanamount to the State if the amount of
assistance in relation to which theliability
accrued is reduced after it is granted. See also section
117(5).110Recovery available only after appeal
rights exhaustedThe State may, under this part, recover
assistance granted foran act of violence from a person who
is convicted of a relevantoffence for the act only if—(a)if the convicted person has appealed
the conviction—theappeal is decided and the conviction is
upheld; or(b)otherwise—theperiodwithinwhichthepersonmayappeal the conviction has passed.110ARecovery available only if action
taken within 6 yearsThe State may, under this part,
recover assistance granted foran act of
violence from a person only if action to recover theassistanceisstartedwithin6yearsafterthelaterofthefollowing days—(a)the
day the person was convicted of a relevant offencefor
the act;(b)thedaytheapplicationforthegrantofthefinancialassistance was
made.Page 100Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 111]111Recovery limited to category of act of
violence for whichassistance granted(1)This
section applies if—(a)apersonwasgrantedspecialassistanceforanactofviolence; and(b)a
person is convicted of a relevant offence for the act ofviolence; and(c)theconvictionisforanoffenceinvolvinganactofviolence of a
category that is lower than the category forwhich special
assistance was granted.Note—See schedule 2,
section 4 for the order of categories of acts ofviolence.(2)For
the special assistance granted to the person mentioned insubsection (1)(a), the State may, under this
part, recover fromtheconvictedpersontheamountstatedinschedule 2,section 2 for
the category of the act of violence involved in theoffence.Example—A
person is granted $10,000 as special assistance for an act of
violenceon the basis the act is attempted murder,
which is a category A act ofviolence. A
person is convicted of the offence of causing grievousbodilyharmarisingoutofsubstantiallythesamefactsandcircumstances as those constituting
the act, which is a category B act ofviolence. The
State may recover $3,500 from the convicted person,which is the amount stated in schedule 2,
section 2 for a category B actof
violence.(3)To remove any doubt, it is declared
that subsection (2) doesnotaffecttheamountofassistanceotherthanspecialassistance granted to the person mentioned
in paragraph (a)that the State may, under this part, recover
from the convictedperson.Current as at [Not
applicable]Page 101
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 112]112Recovery from multiple offenders(1)This section applies if 2 or more
persons are convicted of arelevant offence for the act of
violence for which assistance isgranted.(2)The total amount the State may, under
this part, recover fromthe convicted persons must be divided
equally between them,and each convicted person is liable to
pay no more than thatperson’s share of the total
amount.Example—A person is
granted assistance of $60,000 for an act of violence. Threepersons are convicted of a relevant offence
for the act. The State mayrecover only up to $20,000 from each
convicted person.113Using information obtained for
applicationTheschememanagermayuseinformationobtainedunderpart 12,
division 1 or section 74, 75, 76 or 77 for the followingpurposes—(a)the
State recovering an amount from a person under thispart;(b)obtaining information from a court under
section 114.114Obtaining information from
court(1)Theschememanagermay,forthepurposeoftheStaterecovering an amount from a person under
this part, ask theregistrar of a court—(a)to
confirm whether a stated person has been convictedofarelevantoffenceforastatedactofviolenceforwhich assistance has been granted; or(b)for a stated person who has been
convicted of a relevantoffence for an act of violence for
which assistance hasbeen granted—for information
about—(i)the offence; and(ii)thesentenceimposedontheperson,including,whetherthesentencingcourtmade,underthePage 102Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 114]PenaltiesandSentencesAct1992,section 35(1),an order
requiring the person to pay someone elsean amount by way
of restitution or compensation;or(c)theidentifyingparticularsforastatedperson,including—(i)theperson’sfullname,dateofbirthandgender;and(ii)theperson’saddressor,ifthepersonhasbeensentenced to a
period of imprisonment, the place atwhich the person
is being detained for the period.(2)Theregistrarmustgivetherequestedinformationtotheschememanageriftheregistrarissatisfiedtheinformationwill help the
State to recover an amount under this part.(3)The
registrar may give the requested information by allowingtheschememanagertoaccessanelectronicdatabasemaintained for the court.(4)Iftheregistrargivestheschememanageraccesstoanelectronic database as mentioned in
subsection (3), the accessto, and the use of, the database is
limited to the extent it isconnected with
the requested information.(5)The giving of
information bythe registrar under subsection(2)
is authorised despite any other Act or law, including a lawimposing an obligation to maintain
confidentiality about theinformation.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.(6)In this section—registrar, in
relation to a Magistrates Court, means the clerkof
that court.Current as at [Not applicable]Page
103
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 114A]114AObtaining information from SPER
registrar(1)Theschememanagermay,forthepurposeoftheStaterecovering an amount from a person under
this part, ask theSPER registrar for information mentioned in
subsection (2) inrelation 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 thePenaltiesandSentencesAct1992,bywayofrestitution or compensation for the act of
violence;and(ii)particulars of
which are registered under theStatePenalties Enforcement Act 1999,
section 34; and(b)theaddressoftheoffenderforanunpaidamountmentioned in
paragraph (a).(3)TheSPERregistrarmustcomplywiththerequestiftheregistrar is reasonably satisfied the
information will help theState recover an amount under this
part.(4)ThegivingofinformationbytheSPERregistrarundersubsection(3)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.114BObtaining information from chief
executive (transport)(1)Theschememanagermay,forthepurposeoftheStaterecovering an
amount from a person under this part, ask thechief executive
(transport) for the address of a stated personwho has been
convicted of a relevant offence for a stated actof
violence.Page 104Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 115](2)The
chief executive (transport) must comply with the requestif
the chief executive is reasonably satisfied the informationwill
help the State recover an amount under this part.(3)The giving of information by the chief
executive (transport)undersubsection(2)isauthoriseddespiteanyotherActorlaw,includingalawimposinganobligationtomaintainconfidentiality
about the information.Note—Seesection140forrestrictionsondisclosingorgivingaccesstoinformation or documents obtained
under this Act.115Notice of intended recoveryBefore the State may, under this part,
recover from a personallorapartoftheassistancegrantedtosomeoneelse,thescheme 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 conditionsimposed 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 thatthe scheme
manager claims is a relevant offence for theact of violence
for which the assistance was granted; and(f)theamountoftheassistance,orthepartoftheassistance,theStateseekstorecoverfromthepersonunder this part;
and(g)that the person may—(i)within 14 days after being given the
notice, disputea claim mentioned in paragraph (e) by giving
thescheme manager notice of the dispute;
andCurrent as at [Not applicable]Page
105
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 116](ii)ifthepersondoesnotagreewiththeschememanager’sdecisiongivenafterconsideringthenotice of the dispute—apply to QCAT for a
reviewof the scheme manager’s decision; and(h)that when the question of whether the
offence of whichthe person has been convicted is a relevant
offence forthe act of violence for which the assistance
was grantedis no longer in dispute, the person is
liable to pay theamountmentionedinparagraph(f)totheStateundersection 117(4);
and(i)anything else prescribed under a
regulation.116Disputing claim that conviction
relates to act of violence(1)This section
applies if a person who is given a notice undersection 115
disputes the claim mentioned in the notice that theoffence of which the person has been
convicted is a relevantoffence for the act of violence for
which the assistance wasgranted.(2)Thepersonmay,within14daysofbeinggiventhenotice,give notice of
the dispute (thedispute notice) to the
schememanager.(3)The
dispute notice must state the facts relied on by the personto
dispute the claim.(4)Afterconsideringthedisputenotice,theschememanagermust
decide whether the offence is a relevant offence for theact
of violence for which the assistance was granted.(5)Theschememanagermustgivethepersonnoticeofthescheme manager’s
decision.(6)Iftheschememanager’sdecisionisthattheoffenceisarelevantoffencefortheactofviolenceforwhichtheassistance 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, toQCAT for a review of the scheme
manager’s decision.Page 106Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 117]117Offender’s liability to pay generally(1)This section applies if—(a)the scheme manager has given a person
a notice undersection 115 (therecovery
notice); and(b)the
question of whether the offence of which the personhas
been convicted is a relevant offence for the act ofviolenceforwhichtheassistancewasgrantedisnolonger in dispute.(2)For
subsection (1)(b), the question is no longer in dispute if—(a)thepersonhasnot,fortheoffence,giventheschememanager a
dispute notice under section 116(2) within 14daysaftertheschememanagergavethepersontherecovery notice; or(b)thepersonhas,fortheoffence,giventheschememanager a
dispute notice under section 116(2) within 14daysaftertheschememanagergavethepersontherecovery notice and—(i)the
consideration of the dispute mentioned in thedisputenoticehasbeenfinallydecidedbytheschememanagerundersection
116(4),byQCATon any review of
the scheme manager’s decision orbyanotherentityonanyappealagainstQCAT’sdecision; and(ii)the
result of the consideration is that the offence ofwhich the person has been convicted is a
relevantoffencefortheactofviolenceforwhichtheassistance was granted.(3)The
scheme manager must give the person a notice stating—(a)the amount (payable
amount) the State seeks to recoverfrom
the person under this part; and(b)that
under subsection (4), the person is liable to pay thestated amount to the State within a stated
period of atleast 28 days (thepayment
period); andCurrent as at [Not
applicable]Page 107
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 118](c)that
if the person does not pay the stated amount withinthestatedperiod,theschememanagermaygiveparticularsoftheamounttotheSPERregistrarforregistration under that Act.(4)ThepersonisliabletopaytheStatethepayableamountwithin the payment period.Note—See section 95
for the application of assistance granted to a persontowards satisfying the person’s liability to
pay under subsection (4).(5)For subsection
(3)(a), the amount must be—(a)theamountmentionedintherecoverynoticeastheamount the State seeks to recover from
the person underthis part; or(b)if,
after the recovery notice was given to the person, theamount of assistance granted to a person for
the act ofviolenceis,underthischapter,reducedtoanamountthatislowerthantheamountmentionedinparagraph(b)—the lower
amount.118Reduction in offender’s liability to
pay if assistancerefunded(1)This
section applies if—(a)in relation to assistance granted to a
person (thevictim)for
an act of violence, a person (offender)
convicted of arelevantoffencefortheactbecomesliabletopayanamount(payableamount)totheStateundersection 117(4); and(b)the
amount of assistance granted to the victim is, underthischapter,reducedtoanamount(thenewamount)that
is less than the payable amount.(2)The
offender’s liability under section 117(4) is reduced to thenew
amount.(3)The scheme manager must give the
offender a notice statingthe new amount and the effect of
subsection (2).Page 108Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 118]Notauthorised—indicativeonly(4)If the offender has already paid the
State an amount more thanthe new amount, the difference
(excess amount) between
theamount already paid and the new amount must
be refunded tothe offender.(5)However, if under section 95 an amount of
assistance grantedto the offender (offset
amount) was taken to be paid to theStateforsatisfyingtheoffender’sliabilityundersection 117(4),
the following applies—(a)ifparagraph(b)doesnotapply—theexcessamountmust be paid to
the offender as assistance;(b)if
the excess amount is more than the offset amount—thepartoftheexcessamountequivalenttotheoffsetamount.Example—The victim is
paid assistance of $10,000. The offender becomes liabletopay$10,000totheStateundersection
117(4).Theoffenderisgranted assistance of $5,000 but it is
taken, under section 95, to be paidto the State for
satisfying the offender’s liability under section 117(4)(which is the offset amount). The offender
also pays a further $4,000towardssatisfyingtheoffender’sliabilityundersection
117(4),bringing the total payment to $9,000.Theassistancegrantedtothevictimisreducedto$3,000.Theoffender’sliabilitytotheStateisalsoreducedto$3,000undersubsection (2). The excess amount is $6,000,
which is the differencebetween what the offender has paid and
the offender’s new liability tothe State.
Because the offender was taken, under section 95, to havepaid
$5,000 to the State for satisfying the offender’s liability,
$5,000must be paid to the offender as assistance
and the remaining $1,000 ofthe excess
amount is refunded to the offender.(6)If,
under subsection (5), an amount is paid to the offender asassistance, the government assessor
must—(a)decidethecomponentofassistanceforwhichtheamount is payable, having regard to—(i)thecomponents(ifany)forwhichassistancegrantedtothepersonwaspaidorpayableundersection 95; and(ii)the
offender’s needs; andCurrent as at [Not applicable]Page
109
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 119](iii)whether the offender has incurred any
expenses forwhichassistancehasnotalreadybeenpaidorbecome payable under section 95; and(iv)anythingelsethegovernmentassessorconsidersrelevant;
and(b)give the offender a notice
stating—(i)the decision; and(ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,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 receivedunder Corrective Services Act 2006(1)This section applies if—(a)aperson(offender)becomesliabletopayanamount(payable amount) to the State
under section 117(4); and(b)the chief
executive is, under theCorrective Services Act2006, paid an amount
(thecorrective services amount)from the offender’s prisoner’s
account, or victim trustfund, under that Act.Note—SeetheCorrectiveServicesAct2006,section 314andtheCorrective Services Regulation
2006, section 44 (for paymentsfrom
prisoner’s accounts) and theCorrective
Services Act 2006,chapter 6, part 12B, division 4 (for
payments from victim trustfunds).(2)The
offender’s liability under section 117(4) is reduced by thecorrective services amount.(3)The scheme manager must give the
offender a notice stating—(a)the effect of
subsection (2); andPage 110Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 120](b)theamounttheoffenderisliabletopayafterthereduction under subsection (2).(4)This section does not limit theCorrective Services Act 2006,section 319ZD(4).Notauthorised—indicativeonly120Registration of unpaid amount under
State PenaltiesEnforcement Act 1999(1)Ifapersonwhoisliabletopayanamountundersection 117(4) fails to pay the amount, or
pays only a part oftheamount,theschememanagermayregistertheunpaidamountundertheStatePenaltiesEnforcementAct1999,section 34 as
if—(a)the notice given under section 117(3)
were an order of acourt fining a person the amount stated in
the notice; and(b)the scheme manager were the registrar
of that court; and(c)theparticularsweretheprescribedparticularsforanunpaid court debt under the State
Penalties EnforcementAct 1999.Editor’s
note—Paragraph (c) is an uncommenced
amendment—see 2017 ActNo. 13 sch 1 amdt 1.(2)However, theStatePenalties Enforcement Act 1999, part
4,division 1C does not apply to the
debt.Note—See the State
Penalties Enforcement Act 1999, section 38(1)(d).(3)The imprisonment provisions do not
apply in relation to anamount payable under section
117(4).(4)For this section, the person who is
liable to pay an amountunder section 117(4) fails to pay the
amount if—(a)theschememanagergivesthepersonanoticeundersection 117(3) about the amount; and(b)thepersonfailstopaytheamountwithintheperiodstated in the
notice, or a longer period agreed to by thescheme
manager.Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 121](5)If
the person’s liability to pay an amount under section 117(4)isreducedundersection118or119,theschememanagermustamendtheunpaidamountregisteredundertheStatePenaltiesEnforcementAct1999,section34toreflectthereduction.(6)In
this section—imprisonment provisionsmeans the
following—(a)theState Penalties
Enforcement Act 1999, section 52 totheextentitappliestoanarrestandimprisonmentwarrant, and the
other provisions of that Act relating toarrest and
imprisonment warrants;(b)theState Penalties Enforcement Act 1999,
part 6.Part 17Effect of
conviction for fraudoffence relating to application121Application of pt 17Thispartappliesifapersonis,inrelationtotheperson’sapplication for
assistance, convicted of an offence against—(a)section 141(1) or (2); or(b)the Criminal Code, section 408C or
488.122Lapse of application if not
decidedIftheperson’sapplicationhasnotbeendecided,theapplication lapses.123Refund of paid assistance and unpaid
assistance stopsbeing payable(1)This
section applies if—(a)the person has been granted assistance
in relation to theapplication; andPage 112Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 124](b)in
the prosecution of the person, the prosecuting agencyprovestheassistancewasgrantedonthebasisoftheperson’s acts or omissions
constituting the offence.(2)Theassistanceistakennevertohavebeengrantedandtheperson must refund to the State any
amount of the assistancepaid to the person.(3)An amount that is refundable under
this section is a debt owedto the State by
the person.(4)Any part of the amount of assistance
not paid to the personstops being payable to the
person.Part 18Internal and
external review ofdecision124Internal review of decision(1)Anapplicanttowhomadecisionidentifiedinschedule1applies may apply to the scheme manager for
a review of thedecision.(2)An
application for a review of the decision must—(a)bemadewithin28daysaftertheapplicantisgivennotice of the
decision; and(b)stateindetailthebasisonwhichtheapplicantisaggrieved by the decision.(3)However, the scheme manager may, at
any time, extend thetime for applying for a review of the
decision if the schememanager considers it is reasonable in
the circumstances to doso.(4)The
making of an application for a review of a decision underthissectiondoesnotaffecttheoperationofthedecisionorprevent the decision being
implemented.(5)The review must be conducted
by—(a)for a decision of a government
assessor—Current as at [Not applicable]Page
113
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 125](i)the
scheme manager; or(ii)anothergovernmentassessornominatedbythescheme manager; or(b)for
a decision of the scheme manager—a departmentalemployee, of a
classification level in the public servicethat is the same
as or higher than the scheme manager’sclassification
level, nominated by the chief executive.(6)If a
review is conducted by a departmental employee undersubsection (5)(b), any decision on the
review is taken to be adecision of the scheme manager.(7)The person conducting the
review—(a)has, in reviewing the decision, the
same powers as theoriginal decision-maker; and(b)may—(i)confirm or amend the decision being
reviewed; or(ii)substitutetheperson’sowndecisionforthedecision being reviewed; and(c)mustgivetheapplicantaQCATinformationnoticeabout the person’s decision.(8)An application for a review of a
decision under this sectionmust be decided
within 42 days after it is made.125External review of reviewed decision(1)Thissectionappliesifadecisionisconfirmed,amendedorsubstituted on review under section
124 (theinternal reviewdecision).(2)The applicant
may apply, as provided under the QCAT Act, toQCAT for a
review of the internal review decision.Note—TheQCATAct,section 22(3)providesthatQCATmaystaytheoperation of the internal review decision,
either on application by aperson or on its own
initiative.Page 114Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 126]126Effect of reducing amount of
assistance(1)This section applies if, following a
review of a decision undersection 124or125,theamountofassistancegrantedtoaperson is
reduced.(2)The person must refund to the State
the amount of assistancepaidtothepersoninexcessoftheamountofassistancegranted
following the review.(3)An amount that
is refundable under this section is a debt owedto the State by
the person.Part 19Administration127Scheme manager(1)Thechiefexecutivemustappoint,inwriting,amanagerofvictims assistance.(2)A
person is eligible for appointment as the manager of victimsassistance if the person is—(a)a public service employee; and(b)appropriately qualified for the
functions and powers ofthe manager of victims assistance
under this Act.(3)Theappointmentoftheschememanagerissubjecttotheconditions stated in the document of
appointment.(4)The scheme manager stops being the
scheme manager—(a)attheendofthetermofappointmentstatedinthedocument of
appointment; or(b)iftheschememanagerstopsbeingapublicserviceemployee.(5)Theschememanagermaydoallthingsnecessaryorconvenienttobedonefortheperformanceoftheschememanager’s
functions under this Act.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 128](6)Theschememanagermayperformallthefunctionsandexercise all the powers of a government
assessor under thisAct.(7)A
reference to a government assessor in this Act includes areferencetotheschememanagerperformingafunctionorexercisingapowerofagovernmentassessorundersubsection
(6).128Government assessors(1)As many government assessors as are
required for the properadministration of the scheme must be
appointed.(2)Governmentassessorsaretobeappointedbythechiefexecutive in
writing.(3)A person is eligible for appointment
as a government assessorif the person is—(a)a
public service employee; and(b)appropriately qualified for the functions
and powers ofgovernment assessors under this Act.(4)The appointment of a government
assessor is subject to theconditions stated in the document of
appointment.(5)A government assessor stops being a
government assessor—(a)attheendofthetermofappointmentstatedinthedocument of
appointment; or(b)if the assessor stops being a public
service employee.(6)Agovernmentassessormaydoallthingsnecessaryorconvenient to be done for the
performance of the governmentassessor’s
functions under this Act.129Delegation by
scheme managerTheschememanagermaydelegatetheschememanager’sfunctions under this chapter to an
appropriately qualified—(a)government
assessor; orPage 116Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 130](b)departmental employee.Notauthorised—indicativeonly130Disclosure of interests(1)Thissectionappliesiftheschememanager,agovernmentassessororadepartmentalemployeewhoistoperformafunction, or exercise a power, under this
chapter in relation toa particular application has or
acquires an interest, financial orotherwise, that
may conflict with the proper performance ofthe function or
exercise of the power.(2)The scheme
manager must disclose the nature of the interestto
the chief executive.(3)Thegovernmentassessormustdisclosethenatureoftheinterest to the scheme manager.(4)Thedepartmentalemployeemustdisclosethenatureoftheinterest to the chief
executive.(5)If—(a)adisclosureismadeundersubsection (2),thechiefexecutivemustchooseadepartmentalemployee,ofaclassification
level in the public service that is the sameasorhigherthantheschememanager’sclassificationlevel, to deal
with the application; or(b)adisclosureismadeundersubsection (3),theschememanagermustchooseanothergovernmentassessortodeal with the application; or(c)adisclosureismadeundersubsection (4),thechiefexecutive must
choose another departmental employeeto deal with the
application.(6)In this section—applicationmeans—(a)an application for assistance;
or(b)anapplicationforamendmentofassistanceundersection 101; or(c)an
application for interim assistance under part 14; orCurrent as at [Not applicable]Page
117
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 131](d)anapplicationforthereviewofadecisionundersection 124.Part 20Miscellaneous131Guidelines(1)The
chief executive may make guidelines about—(a)the
performance of a function or exercise of a power bythe
scheme manager under this chapter; or(b)the
performance of a function or exercise of a power bya
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 bythepublicatthemainofficeofthevictimsassistanceunit during
ordinary office hours on business days.(3)A
person may, without payment of a fee, obtain a copy of theguidelines from the scheme manager.(4)A person performing a function or
exercising a power underthischaptermusthaveregardtotheguidelineswhenperforming the function or exercising the
power.132Table of costs(1)Thechiefexecutivemayapproveatable(tableofcosts)statingthecoststhechiefexecutiveconsiderstobeanappropriateguide,forthetimebeing,fordecidingwhethercosts are reasonable for the scheme.(2)The chief executive must—(a)publish the table of costs on the
department’s website;andPage 118Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 133](b)keep
a copy of the table of costs available for inspectionby
the public at the main office of the victims assistanceunit
during ordinary office hours on business days.(3)A
person may, without payment of a fee, obtain a copy of thetable of costs from the scheme
manager.(4)Inhavingregardtothetableofcosts,apersonmustgiveproper weight
to, but is not bound by, the table.(5)In
this section—costsmeans costs for
counselling services, incidental travel,medical
treatment, ambulance services or obtaining a reportfrom
a counsellor or health practitioner.133Giving information to corresponding scheme
managers(1)The scheme manager may give the
following information to acorresponding scheme manager if the
corresponding schememanager asks for it—(a)whetherastatedpersonhasappliedforfinancialassistanceundertheschemeinrelationtoanactofviolence and, if so, details of—(i)theactofviolenceinrelationtowhichtheapplication is made; and(ii)theinjury(ifany)inrelationtowhichtheapplication is made;(b)the
status of an application for financial assistance undertheschemeforastatedactofviolencebyastatedperson,
including, if assistance is granted in relation tothe
act—(i)the amount of assistance granted;
and(ii)the expenses,
loss of earnings or other componentfor which
assistance is granted.(2)TheschememanagermaygivetheinformationonlyiftheschememanagerisreasonablysatisfiedthecorrespondingschememanagerneedstheinformationfordecidingtheCurrent as at [Not applicable]Page
119
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 134]person’sapplicationforassistanceunderacorrespondingscheme.(3)A person who acquires information, or
accesses a documentcontaining information, given under
subsection (2) must notdo either of the following—(a)disclose to anyone else—(i)the information; or(ii)thecontentsoforinformationcontainedinthedocument;(b)give access to the document to anyone
else.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(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 underthe law that provides for the corresponding
scheme; or(c)as required or authorised under an Act
or law.(5)In this section—correspondingschememeansascheme(howevercalled)underalawoftheCommonwealthoranotherStatethatprovidesforthepaymentoffinancialassistance(howevercalled) to victims of violence.correspondingschememanagermeansapersonwhohassimilarfunctionstotheschememanagerinrelationtoacorresponding scheme.134Arrangement with corresponding scheme
managersabout giving and receiving
information(1)Thissectionappliestotheschememanagerandacorresponding
scheme manager—Page 120Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 3 Victims financial assistance
scheme[s 135](a)onlytotheextentthisActoranotherlawallowstheschememanagertogiveinformationtothecorresponding scheme manager;
and(b)only to the extent another law allows
the correspondingschememanagertogiveinformationtotheschememanager.(2)Theschememanagerandcorrespondingschememanagermayenterintoawrittenarrangementbywhichtheinformation is given and received.(3)Without limiting subsection (2), the
arrangement may providefor 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 mayaccesstheinformationorthepurposesforwhichtheinformation may be used, the arrangement
must provide forthe limitation.(5)In
this section—correspondingschememeansascheme(howevercalled)underalawoftheCommonwealthoranotherStatethatprovidesforthepaymentoffinancialassistance(howevercalled) to victims of violence.correspondingschememanagermeansapersonwhohassimilarfunctionstotheschememanagerinrelationtoacorresponding scheme.135Other information-sharing
arrangements(1)This section applies to the extent
another provision of this Actallowsanotherentitytogiveinformationtoagovernmentassessor.(2)Thechiefexecutiveandtheentitymayenterintoawrittenarrangement for
giving the information.(3)Without limiting
subsection (2), the arrangement may providefor the
electronic transfer of information.Current as at [Not
applicable]Page 121
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 3 Victims financial assistance
scheme[s 137](4)However, if the information is to be
electronically transferredand, under this Act, there is a
limitation on who may accesstheinformationorthepurposesforwhichtheinformationmay be used, the
arrangement must provide for the limitation.137Inadmissibility of particular matters(1)Thefollowingisinadmissibleinanyproceedingfortheprosecution of a relevant offence for
an act of violence—(a)thatapersonhasappliedfor,orhasorhasnotbeengranted, assistance in relation to the act
of violence;(b)adecisionoftheschememanager,agovernmentassessororadepartmentalemployeeaboutanapplicationforassistanceinrelationtoanactofviolence, including—(i)a
decision on a question of fact relating to the actof
violence; and(ii)a decision to
grant or not grant assistance.(2)In
this section—application for assistancemeans—(a)an
application for assistance; or(b)anapplicationforamendmentofassistanceundersection 101; or(c)an
application for interim assistance under part 14; or(d)anapplicationforthereviewofadecisionundersection 124.Page 122Current as at [Not applicable]
Chapter 4Victims of Crime
Assistance Act 2009Chapter 4 Victim services coordinator[s
138]Victim services coordinatorNotauthorised—indicativeonly138Appointment of victim services
coordinator(1)Thechiefexecutivemustappointavictimservicescoordinator in writing.(2)Apersoniseligibleforappointmentasthevictimservicescoordinator if the person is—(a)a public service employee; and(b)appropriately qualified for the
functions and powers ofthe victim services coordinator under
this Act.(3)The appointment of the victim services
coordinator is subjectto the conditions stated in the
document of appointment.(4)Thevictimservicescoordinatorstopsbeingthevictimservices
coordinator—(a)attheendofthetermofappointmentstatedinthedocument of
appointment; or(b)if the victim services coordinator
stops being a publicservice employee.(5)The
victim services coordinator may do all things necessaryorconvenienttobedonefortheperformanceofthecoordinator’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 ofvictims; and(b)to
develop educational and other programs to promoteawarenessoftheneedsofvictimsandoftherightsstated in the victims charter; and(c)to distribute information about the
operation of this Act,and the coordinator’s functions,
to—Current as at [Not applicable]Page
123
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 5 Miscellaneous[s 140](i)victim service providers; and(ii)the public
generally; and(d)tohelpvictimserviceproviderstocoordinatetheservicesprovidedbythemsothattheservicesareprovided in a way that is effective and
efficient; and(e)to help government entities and
non-government entitiescomply with the victims charter;
and(f)todealwithcomplaintsmadetothevictimservicescoordinator
under section 19, or referred to the victimservicescoordinatorundersection20,aboutcontraventionsofthevictimscharterbyprescribedpersons;
and(g)toassistvictimsinobtainingtheinformationorassistance they need as a victim.(2)In this section—victimincludesapersonwhohassufferedharmasadirectresult of witnessing a crime or domestic
violence committedagainst someone else.victim service
providersmeans entities who provide servicesto
help victims.Chapter 5Miscellaneous140Confidentiality(1)Thissectionappliestoaprescribedpersonwhohas,inthecourse of administering this Act or
because of an opportunityprovided 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—Page 124Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 5 Miscellaneous[s 140A](a)disclose to anyone else—(i)the information; or(ii)thecontentsoforinformationcontainedinthedocument;(b)give access to the document to anyone
else.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(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 underthis Act; or(c)as
required or authorised under an Act or law, includingunder section 133 or 140A.(4)In this section—prescribedpersonmeansapersonwhoisorhasbeeninvolved in the
administration of this Act, including a personwho is or has
been an official.140ADisclosure by scheme manager of
information forresearch purposes(1)The
scheme manager may disclose confidential information toa
person undertaking research if—(a)the
scheme manager is satisfied the research is genuine;and(b)the person gives
a written undertaking to preserve theconfidentiality
of the information and the anonymity ofthe person to
whom the information relates.(2)The
person must not contravene the undertaking.Maximum
penalty—200 penalty units.(3)Ifthepersoncontravenestheundertakingand,bycontraveningit,alsocontravenestheChildProtectionActCurrent as at [Not applicable]Page
125
Victims
of Crime Assistance Act 2009Chapter 5
Miscellaneous[s 141]1999,
section 189, the person may be prosecuted under thissection or theChildProtectionAct1999, section 189 at
theelection of the prosecution.(4)In this section—confidential
informationmeans information about a person.Notauthorised—indicativeonly141False or
misleading information(1)Apersonmustnotstatetoanofficialanythingthepersonknows is false
or misleading in a material particular.Maximum
penalty—100 penalty units.(2)Apersonmustnotgiveanofficialadocumentcontaininginformationthepersonknowsisfalseormisleadinginamaterial particular.Maximum penalty—100 penalty units.(3)Subsection (2) does not apply to a
person if the person, whengiving the document—(a)tells the official, to the best of the
person’s ability, how itis false or misleading; and(b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.141ARequirement to notify scheme manager
about relevantpayment(1)This
section applies to an applicant for assistance for an act ofviolence if, before the application is
decided under section 89or interim assistance is granted to
the applicant under section98,theapplicantreceivesarelevantpaymentfortheactofviolence.(2)The
applicant must give the scheme manager written or oralnotice of the relevant payment within 28
days after receivingthe payment, unless the applicant has
a reasonable excuse.Maximum penalty—100 penalty
units.Page 126Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 5 Miscellaneous[s 141B]141BRequirement to comply with mandatory
conditionAnapplicanttowhomassistanceorinterimassistanceisgranted must not, without a reasonable
excuse, contravene thecondition imposed on the grant of the
assistance under section89(2) or 98(2).Maximum
penalty—100 penalty units.142Proceedings for
offencesAn offence against this Act may be
prosecuted in a summaryway under theJustices Act
1886.143Protection from
civil liability(1)An official is not civilly liable for
an act done, or omissionmade, 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 aState employee within the meaning of
thePublic Service Act2008,
section 26B(4).Note—For protection
from civil liability in relation to State employees—seethePublic Service Act 2008,
section 26C.145Approved formsThe chief
executive may approve forms for use under this Act.146Regulation-making powerTheGovernorinCouncilmaymakeregulationsunderthisAct.Current as at [Not applicable]Page
127
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 149]Chapter 6Repeal and transitionalprovisionsPart 1Repeal provision149RepealThe Criminal
Offence Victims Act 1995, No. 54 is repealed.Part 2Transitional provisionsDivision 1Preliminary150Definitions for pt 2In this
part—commencementmeans the
commencement of this section.compensationincludes an
amount by way of compensation.injurymeans—(a)for
compensation or another amount payable under therepealed Act—injury as defined under section
20 of thatAct; or(b)for
compensation or another amount payable under therepealedCriminalCodechapter—injuryasdefinedunder section
663A of that chapter; or(c)for division
5—(i)injury within the meaning of paragraph
(a) or (b)forapersonaloffencecommittedbeforethecommencement; orPage 128Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 150](ii)injurywithinthemeaningofsection 27forapersonaloffencecommittedafterthecommencement.personal
offencemeans—(a)for
compensation or another amount payable under therepealedAct—personaloffenceasdefinedundersection 21 of that Act; or(b)for compensation or another amount
payable under therepealed Criminal Code chapter—an indictable
offencerelating to the person of any person;
or(c)for division 5—(i)apersonaloffencewithinthemeaningofparagraph(a)or(b)committedbeforethecommencement; or(ii)aprescribedoffencewithinthemeaningofsection 25(8) committed after the
commencement.previous prescribed offencemeans—(a)in
relation to the payment of an amount under section 33of
the repealed Act or section 663D(1)(b) or (c) of therepealed Criminal Code chapter—a personal
offence; or(b)in relation to the payment of an
amount under section 34oftherepealedActorsection 663D(1)(a)oftherepealed Criminal Code chapter—(i)forapersonhelpingapoliceofficertomakeorattempt to make an arrest—the offence in
relationto which the police officer was attempting
to make,or making, the arrest, or another offence
arising outof substantially the same facts and
circumstancesas those in relation to which the police
officer wasattempting to make, or making, the arrest;
or(ii)for a person
helping a police officer to prevent, orattempttoprevent,anoffenceorsuspectedoffence—the
offence or suspected offence; orCurrent as at [Not
applicable]Page 129
Victims
of Crime Assistance Act 2009Chapter 6 Repeal
and transitional provisions[s 150]Notauthorised—indicativeonlyPage 130(c)in
relation to the payment of an amount under section 35of
the repealed Act—a murder or manslaughter.relevant
eventmeans—(a)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountunder section 33(1)(a) of the repealed
Act—the end ofthe trial for the personal offence in
relation to which theperson’s entitlement to make the
application arose; or(b)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountundersection
33(1)(b)(i)oftherepealedAct—thefindingthatthepersonwhocommittedtheactoromission
constituting the personal offence in relation towhich the person’s entitlement to make the
applicationarosewassufferingfromunsoundnessofmindwhendoing the act or making the omission, or was
not fit fortrial, under theMental Health
Act 2000, chapter 7, part6; or(c)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountundersection
33(1)(b)(ii)oftherepealedAct,orsection 663D(1)(b)or(c)(ii)oftherepealedCriminalCode
chapter—the doing of the act or the making of theomission constituting the personal offence
in relation towhich the person’s entitlement to make the
applicationarose; or(d)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountundersection
33(1)(c)oftherepealedAct,orsection 663D(1)(c)(i)oftherepealedCriminalCodechapter—thenotificationofthepersonbytheinvestigatingpoliceofficerthatthepersonwhocommitted the personal offence in relation
to which theperson’s entitlement to make the application
arose cannot be identified or found after appropriate
inquiry andsearch; orCurrent as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 150]Notauthorised—indicativeonly(e)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountundersection
34oftherepealedAct,orsection 663D(1)(a)oftherepealedCriminalCodechapter—the
giving of the help to the police officer; or(f)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountundersection
35oftherepealedAct—thedeathinrelation to which the person’s
entitlement to make theapplication arose; or(g)forapersonwhocouldhave,ifthischapterhadnotcommenced,appliedforthepaymentofanamountundersection
663D(1)(c)(iii)oftherepealedCriminalCodechapter—whentheprosecutionprocessfortheindictment
presented for the personal offence in relationtowhichtheperson’sentitlementtomaketheapplicationaroseends,including,forexample,because—(i)theprosecutingagencydecidesnottocontinuewith the
indictment or any other indictment for thepersonal
offence; or(ii)thetrialforthepersonaloffenceendsandtheperson is not convicted of the
offence; or(iii)the prosecution
process for the indictment ends inanother
way.repealedActmeanstherepealedCriminalOffenceVictimsAct
1995, as in force from time to time before its
repeal.repealed Criminal Code chaptermeans the Criminal Code,chapter 65A, as
it continued to apply from time to time undersection 46(2) of
the repealed Act.Note—The Criminal
Code, chapter 65A was repealed on 18 December 1995by
section 45 and schedule 2 of the repealed Act as originally
enacted.repealed legislationmeans the
repealed Act or the repealedCriminal Code
chapter.Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 151]151References to person making an
applicationInthispart,ifataparticulartimeapersonhasmadeanapplicationbuthaswithdrawnitbeforeitisdecided,theperson is taken at that time to not have
made the application.Example—At the
commencement, a person has made an application under therepealed Act but has withdrawn it before it
was decided. The person istaken, at the commencement, to not
have made the application.152Acts
Interpretation Act 1954, s 20 not limitedSubject to
sections 155(6), 160(5) and 164(5), this part doesnot
limit theActs Interpretation Act 1954,
section 20.153Application of Act to acts done before
commencementOther than as provided under division 2, 3
or 5, chapter 3 doesnot apply in relation to an act of
violence committed beforethe commencement.Division 2Applications that could have beenmade
to a court154Application 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 ofcompensation for injury suffered because of
a personaloffence committed before the commencement,
under—(i)section 24 of the repealed Act;
or(ii)section
663BoftherepealedCriminalCodechapter; and(b)atthecommencement,thepersonhasnotmadeanapplicationunderaprovisionmentionedinparagraph(a)(i) or (ii)
for the injury.Page 132Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 155]Note—See
division 7 if, at the commencement, the period within which
aperson could have applied for an order
mentioned in subsection (1)(a)has already
expired.(2)For subsection (1), it is
immaterial—(a)whetherthe
person’sinjuryissufferedbeforeorafterthe
commencement, or over a period starting before thecommencementandendingafterthecommencement;and(b)whether the conviction in relation to
which the person’sentitlement to apply for the order arose
happens beforeor after the commencement; and(c)forapersontowhomsubsection
(1)(a)(i)applies—whether the
person’s entitlement to apply for the order istheresultofanordermadeundersection
41oftherepealed Act
before the commencement.Note—See division 8
in relation to applying, under section 32 of the repealedAct
or section 663C of the repealed Criminal Code chapter, to the
Stateforthepaymentofanamountthatmustbepaidunderanordermentioned in
subsection (1)(a).155Person may apply for order under
repealed legislation inparticular circumstances(1)Iftheconvictionmentionedinsection 154(2)(b)happensbefore the commencement, the person may
apply for the ordermentioned in section 154(1)(a) under the
following provision(therelevant
provision)—(a)if section
154(1)(a)(i) applies to the person—section 24of the repealed
Act; or(b)ifsection
154(1)(a)(ii)appliestotheperson—section 663B of
the repealed Criminal Code chapter.Note—Ifthepersondoesnotmakeanapplicationunderthissection,theperson may be able to apply for
assistance under section 156.Current as at [Not
applicable]Page 133
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 156](2)Theapplicationmustbemadebeforetheearlierofthefollowing—(a)the
expiry of the period within which the person couldhave, if this chapter had not commenced,
applied for theorder mentioned in section 154(1)(a);(b)the end of 2 months after the
commencement.(3)Thecourttowhichtheapplicationismademusthearanddecide the application under the relevant
provision.(4)Forsubsection
(3),therepealedprovision,andanyotherprovisionsoftherepealedlegislationthatarenecessaryorconvenient to be used in relation to the
application, continueto apply as if this chapter had not
commenced.(5)Without limiting subsection (3),
section 28(1) of the repealedAct continues to
apply in relation to the making of an orderunder section 24
of the repealed Act.Note—Division 8
provides for the application of the repealed legislation inrelation to an order made under the repealed
provision, including anorder made after the
commencement.(6)This section applies despite
theActs Interpretation Act 1954,section 20.156Person may apply for assistance(1)This section applies if—(a)the conviction mentioned in section
154(2)(b) happenson or after the commencement; or(b)thepersonhasnotmadeanapplicationundersection 155whetherornotthe2monthperiodmentioned in section 155(2)(b) has
passed.(2)The person may apply for victim
assistance.(3)The application for victim assistance
must be made—Page 134Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 157](a)ifthepersonisaCriminalCodeapplicantandtheconvictionmentionedinsection 154(2)(b)happened2years or more before the
commencement—(i)ifthepersonwasanadultwhentheconvictionhappened—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)ifthepersonwasachildwhentheconvictionhappened—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
convictionmentioned in section 154(2)(b)
happened—within3 years after the conviction; or(ii)for a person who
was a child when the convictionmentioned in
section 154(2)(b) happened—beforethe person turns
21.(4)However,theschememanagermay,undersection 54(2),extendthetimeformakinganapplicationforvictimassistance under
this section.(5)In this section—CriminalCodeapplicantmeansapersontowhomsection
154(1)(a)(ii) applies.157Deciding
application for assistance etc.(1)For
applying section 156 and chapter 3 to the application forvictim assistance—(a)the
personal offence is taken to be an act of violence;andCurrent as at [Not applicable]Page
135
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 158](b)the
person is taken to be a primary victim of the act ofviolence.(2)Deciding an application for assistance under
this division issubject to division 5.Note—Division 5 provides for how a series of
related offences must be treated.158Recovery of assistance grantedIf
assistance is granted under this division in relation to an
actof violence, chapter 3, part 16 applies in
relation to a personconvictedofarelevantoffencefortheact,whethertheconviction happens before or after the
commencement.Division 3Applications
that could have beenmade to the StateSubdivision
1Applications by persons other thandependants or family members159Application 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 sufferedbecauseofapreviousprescribedoffencecommittedbefore the
commencement, under—(i)section 33 or 34
of the repealed Act; or(ii)section
663DoftherepealedCriminalCodechapter; and(b)atthecommencement,thepersonhasnotmadeanapplicationunderaprovisionmentionedinparagraph(a)(i) or (ii)
for the injury.Page 136Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 160]Note—See
division 7 if, at the commencement, the period within which
aperson could have applied for the payment of
an amount mentioned insubsection (1)(a) has already
expired.(2)For subsection (1), it is
immaterial—(a)whetherthe
person’sinjuryissufferedbeforeorafterthe
commencement, or over a period starting before thecommencementandendingafterthecommencement;and(b)for a person whose entitlement to make
the applicationarosebecauseofaneventmentionedinsection 150,definition
relevant event, paragraph (a), (b), (d) or (g)—whether the
relevant event happens before or after thecommencement;
and(c)forapersontowhomsubsection
(1)(a)(i)applies—whethertheperson’sentitlementtoapplyforthepayment mentioned in subsection (1)(a)
is the result ofanordermadeundersection
41oftherepealedActbefore the commencement.160Person may apply for assistance(1)The person can not apply, under the
repealed legislation, forthepaymentofanamountmentionedinsection 159(1)(a)after the
commencement.(2)However, the person may apply for
assistance.(3)The application for assistance must be
made—(a)ifthepersonisaCriminalCodeapplicantandtherelevanteventhappened2yearsormorebeforethecommencement—(i)if
the person was an adult when the relevant eventhappened—within
1 year after the commencement;or(ii)if the person
was a child when the relevant eventhappened—before
the later of the following—Current as at [Not applicable]Page
137
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 161](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
relevantevent happened—within 3 years after the
relevantevent; or(ii)forapersonwhowasachildwhentherelevantevent
happened—before the person turns 21.(4)However,theschememanagermay,undersection 54(2),extend the time
for making an application for assistance underthis
section.(5)This section applies despite
theActs Interpretation Act 1954,section 20.(6)In
this section—CriminalCodeapplicantmeansapersontowhomsection
159(1)(a)(ii) applies.161Deciding
application for assistance etc.(1)For
applying section 160 and chapter 3 to the application forassistance—(a)the
previous prescribed offence is taken to be an act ofviolence committed after the commencement;
and(b)the person is taken to be the primary
victim of the act ofviolence.(2)Deciding an application for assistance under
this subdivisionis subject to division 5.Note—Division 5
provides for how a series of related offences must be
treated.Page 138Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 162]162Recovery of assistance grantedIf
assistance is granted under this subdivision in relation to
anactofviolence,chapter3,part16appliesinrelationtoaperson convicted of a relevant offence
for the act—(a)whethertheconvictionhappensbeforeorafterthecommencement; and(b)whethertheconvictionhappensbeforeoraftertheassistance is granted.Subdivision
2Applications by dependants orfamily members163Application of sdiv 2(1)This
subdivision applies if—(a)a person could
have, if this chapter had not commenced,appliedforthepaymentofanamountbecauseofapreviousprescribedoffencecommittedbeforethecommencement,undersection 35oftherepealedAct;and(b)atthecommencement,thepersonhasnotmadeanapplication under section 35 of the repealed
Act for theprevious prescribed offence.Note—See division 7
if, at the commencement, the period within which aperson could have applied for the payment of
an amount mentioned insubsection (1)(a) has already
expired.(2)For subsection (1), it is
immaterial—(a)whether the relevant event happens
before or after thecommencement; and(b)whethertheperson’sentitlementtoapplyforthepayment mentioned in subsection (1)(a)
is the result ofanordermadeundersection
41oftherepealedActbefore the commencement.Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 164]164Person may apply for assistance(1)The person can not apply, under the
repealed legislation, forthepaymentofanamountmentionedinsection 163(1)(a)after the
commencement.(2)However, the person may apply for
assistance.(3)The application for assistance must be
made—(a)ifthepersonwasanadultwhentherelevanteventhappened—within 3 years after the relevant
event; or(b)ifthepersonwasachildwhentherelevanteventhappened—before the person turns 21.(4)However,theschememanagermay,undersection 54(2),extend the time
for making an application for assistance underthis
section.(5)This section applies despite
theActs Interpretation Act 1954,section 20.165Deciding application for assistance
etc.(1)For applying section 164 and chapter 3
to the application forassistance—(a)the
previous prescribed offence is taken to be an act ofviolence committed after the commencement;
and(b)the person is taken to be a related
victim of the act ofviolence; and(c)the
person whose death in relation to which the person’sentitlement to make the application arose is
taken to bethe primary victim of the act of
violence.(2)Deciding an application for assistance
under this subdivisionis subject to division 6.Note—Division6providesforhowapplicationsbydependantsorfamilymembers must be
treated if some are made under the repealed Act andsome
are made under this subdivision.Page 140Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 166]166Recovery of assistance grantedIf
assistance is granted under this subdivision in relation to
anactofviolence,chapter3,part16appliesinrelationtoaperson convicted of a relevant offence
for the act—(a)whethertheconvictionhappensbeforeorafterthecommencement; and(b)whethertheconvictionhappensbeforeoraftertheassistance is granted.Division 4Existing applications167Existing application for compensation order
of court(1)This section applies if—(a)a person has applied to a court for an
order requiring thepayment of compensation under either of the
following(each therepealed
provision)—(i)section
24oftherepealedAct(includinganapplication made under section 42 of that
Act);(ii)section
663BoftherepealedCriminalCodechapter; and(b)the
application has not been finally decided before thecommencement.(2)Thecourtmusthear,orcontinuetohear,anddecidetheapplication under the repealed
provision.(3)Forsubsection
(2),therepealedprovision,andanyotherprovisionsoftherepealedlegislationthatarenecessaryorconvenient to be used in relation to the
application, continueto apply as if this chapter had not
commenced.(4)Without limiting subsection (3),
section 28(1) of the repealedAct continues to
apply in relation to the making of an orderunder section 24
of the repealed Act.Current as at [Not applicable]Page
141
Victims
of Crime Assistance Act 2009Chapter 6 Repeal
and transitional provisions[s 168]Note—Division 8 provides for the application of
the repealed legislation inrelation to an
order made under the repealed provision, including anorder made after the commencement.Notauthorised—indicativeonly168Existing
application for payment of court orderedcompensation by
the State(1)This section applies if—(a)either—(i)a
court has made an order under section 24 of therepealedActandapersonhasappliedforthepaymentofanamountthesubjectoftheorderundersection 32ofthatAct(therepealedprovision); or(ii)a court has made
an order under section 663B ofthe repealed
Criminal Code chapter and a personhasappliedforthepaymentofanamountthesubjectoftheorderundersection 663Cofthatchapter (also
therepealed provision); and(b)atthecommencement,theapplicationhasnotbeenfinally dealt
with.(2)The entity to whom the application was
made must deal withthe application under the repealed
provision.(3)Forsubsection
(2),therepealedprovision,andanyotherprovisionsoftherepealedlegislationthatarenecessaryorconvenient to be used in relation to the
application, continueto apply as if this chapter had not
commenced.(4)Withoutlimitingsubsection (3),therelevantappropriationprovision
continues to apply to any payment to be made inrelationtotheapplicationasifthischapterhadnotcommenced.(5)If
at the end of 3 years after the commencement the applicanthasnotgivenallthenecessaryinformation,documentsorother assistance to enable the
application to be decided, theapplication
lapses.Page 142Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 169]Note—See—(a)foranapplicationundersection 32oftherepealedAct—section 36(4) to (6) of that Act; or(b)for an applicationunder section
663C of the repealedCriminalCode
chapter—section 663C(2) and (3) of that chapter.(6)If an application lapses under
subsection (5), the applicant cannot 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)ensureallreasonablestepsaretakentogivetheapplicantanopportunitytogivethenecessaryinformation,
documents or other assistance to enable theapplicationtobedecidedwithinthe3yearperiodmentioned in
subsection (5).(8)In this section—relevant
appropriation provisionmeans—(a)foranapplicationundersection 32oftherepealedAct—section 37
of the repealed Act; or(b)foranapplicationundersection 663CoftherepealedCriminalCodechapter—section
663E(1)oftherepealed
Criminal Code chapter.169Existing
application for payment of another amount bythe State(1)This section applies if—(a)apersonhasappliedforthepaymentofanamountunderanyofthefollowing(eachtherepealedprovision)—(i)section 33, 34
or 35 of the repealed Act;(ii)section
663DoftherepealedCriminalCodechapter; andCurrent as at [Not
applicable]Page 143
Victims
of Crime Assistance Act 2009Chapter 6 Repeal
and transitional provisions[s 169]Notauthorised—indicativeonly(b)the application
has not been finally dealt with before thecommencement.(2)The
entity to whom the application is made must deal with theapplication under the repealed
provision.(3)Forsubsection
(2),therepealedprovision,andanyotherprovisionsoftherepealedlegislationthatarenecessaryorconvenient to be used in relation to the
application, continueto apply as if this chapter had not
commenced.(4)Withoutlimitingsubsection (3),therelevantappropriationprovision
continues to apply to any payment to be made inrelationtotheapplicationasifthischapterhadnotcommenced.(5)If
at the end of 3 years after the commencement the applicanthasnotgivenallthenecessaryinformation,documentsorother assistance to enable the
application to be decided, theapplication
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 CriminalCode chapter—sections 663D(2) and (3)
of that chapter.(6)If an application lapses under
subsection (5), the applicant cannot make a
further application under the repealed provision.(7)However,ifattheendofthe3yearperiodmentionedinsubsection (5) the applicant could have, if
this chapter had notcommenced,appliedtotheStateforthepaymentofanamount under the
repealed provision—(a)iftherepealedprovisionissection 33or34oftherepealed Act or section 663D of the repealed
CriminalCode chapter—(i)the
applicant may apply for victim assistance; and(ii)division 3, subdivision 1 applies in
relation to theapplication as if the application were made
underthat subdivision; orPage 144Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 170](b)iftherepealedprovisionissection 35oftherepealedAct—(i)the applicant may apply for victim
assistance; and(ii)division 3,
subdivision 2 applies in relation to theapplication as
if the application were made underthat
subdivision.(8)The scheme manager must—(a)give the applicant notice of the
effect of subsections (5)to (7); and(b)ensureallreasonablestepsaretakentogivetheapplicantanopportunitytogivethenecessaryinformation,
documents or other assistance to enable theapplicationtobedecidedwithinthe3yearperiodmentioned in
subsection (5).(9)In this section—relevant
appropriation provisionmeans—(a)foranapplicationundersection 33,34or35oftherepealed Act—section 37 of the
repealed Act; or(b)foranapplicationundersection 663DoftherepealedCriminalCodechapter—section
663E(1)oftherepealed
Criminal Code chapter.Division 5Special
provisions if series ofrelated offences170Application of div 5(1)This
division applies if—(a)apersonsuffersinjury becauseof2ormorepersonaloffences against
the person that are a series of relatedoffences;
and(b)at least 1 of the personal offences in
the series happenedbefore the commencement; andCurrent as at [Not applicable]Page
145
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 171](c)the
person makes—(i)an application for victim assistance
under this partfor injury suffered because of 1 or more
personaloffences in the series that are committed
before thecommencement; or(ii)an
application for victim assistance under chapter 3for
1 or more personal offences in the series thatare committed
after the commencement; or(iii)acombinationofapplicationsasmentionedinsubparagraph (i) or (ii).(2)For subsection (1), 2 or more personal
offences are aseries ofrelated
offencesif the acts constituting the personal
offencesare 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 orgroup 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, arerelated in some
other way.(3)However, a personal offence (later offence) is not related
to aprevious personal offence (earlier offence) if the later
offenceiscommittedafterassistanceisgrantedinrelationtotheearlier offence.171Personal offences in the series constitute
single act ofviolence(1)Forapplyingchapter3toanapplicationmentionedinsection 170(1)(c)—(a)the
personal offences in the series of related offences aretaken to be a single act of violence;
andPage 146Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 172](b)assistancemaybegrantedtothepersononlyforthesingle act of
violence.(2)Without limiting subsection (1), if a
person makes 2 or moreapplicationsasmentionedinsection 170(1)(c),sections
70and 83(4) apply in relation to the
applications—(a)asifareferenceinthesectionstoaseriesofrelatedcrimesincludedareferencetoaseriesofrelatedoffences within
the meaning of section 170(2); and(b)even
if 1 or more of the applications were made underthis
part and 1 or more of the applications were madeunder chapter 3.172Effect of decision under repealed
legislation for personaloffences in the series(1)This section applies if a compensation
order has been made inrelation to 1 or more personal
offences in the series of relatedoffences.(2)The government assessor must reduce
the amount of victimassistance that would otherwise be
payable to the person inrelation to the single act of violence
by an amount of up to theamount the person willreceive, or is likely to receive, as
aresult of the compensation order.(3)In this section—compensation
ordermeans either of the following,
whethermade before the commencement or after the
commencementunder section 155, division 4 or section
177—(a)anorderundersection
24oftherepealedAct,orsection 663BoftherepealedCriminalCodechapter,requiringthepaymentofcompensationforinjurysuffered because
of a personal offence;(b)adecisionundersection 33oftherepealedAct,orsection 663D(1)(b) or (c) of the
repealed Criminal Codechapter, to pay an amount to a person
for injury sufferedbecause of a personal offence.Current as at [Not applicable]Page
147
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 173]173Effect of application under repealed
legislation forpersonal offences in the series(1)Thissectionappliesifthepersonalsohasarepealedlegislation application for injury suffered
because of 1 or morepersonal offences in the series of
related offences.(2)The government assessor must—(a)deferdecidinganapplicationmentionedinsection 170(1)(c)untiltherepealedlegislationapplication is
decided; and(b)if the repealed legislation
application is granted—reducethe amount of
victim assistance that would otherwise bepayabletothepersoninrelationtothesingleactofviolence by an amount of up to the
amount the personwillreceive,orislikelytoreceive,asaresultoftherepealed legislation application being
granted.(3)In this section—repealedlegislationapplication,foraninjurysufferedbecause of a
personal offence, means an application for thepayment of
compensation, or the payment of an amount, forthe
injury—(a)that—(i)was
made under the repealed legislation before thecommencement;
and(ii)to which section
167 or 169 applies; or(b)thatwasmadeundertherepealedlegislationafterthecommencement under section 155 or
177.174Deciding component of assistance after
reduction unders 172 or 173(1)This
section applies if, in relation to a single act of violence—(a)thevictimassistancepayabletothepersonisreducedundersection 172(2)or173(2)(b),orbothofthoseprovisions;
andPage 148Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 175](b)an
amount of victim assistance remains payable to theperson after the reduction.(2)The government assessor must—(a)decide the component of victim
assistance for which theamount is payable, having regard
to—(i)the person’s needs; and(ii)whether the
person has incurred any expenses; and(iii)anythingelsethegovernmentassessorconsidersrelevant;
and(b)give the person a notice
stating—(i)the decision; and(ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,section 27B(Content of
statement of reasons for decision).(iii)the
internal review details for the decision.Division 6Special provisions if mixedapplications175Mixed
applications by dependants(1)This section
applies if—(a)someonediedbeforethecommencementincircumstances 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 forassistance under
division 3, subdivision 2; and(d)1 or
more of the other dependants—(i)makesanapplicationundersection 35oftherepealed Act under section 177(4);
orCurrent as at [Not applicable]Page
149
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 176](ii)hadpreviouslymadeanapplicationundersection 35 of the repealed Act—(A)that was decided before the
commencement;or(B)to which section
169 applies.(2)Thedependantswhoapplyforassistanceunderdivision3,subdivision2areonlyeligibleforassistanceofuptotheremainingCOVApool(ifany)forthedeceasedperson’sdeath.(3)Forapplyingsections
71and72toanapplicationforassistanceunderdivision3,subdivision2,areferenceinsection 71(2)(a) to a victim of the same
kind does not includethe dependants mentioned in subsection
(1)(d).(4)If the government assessor decides to
grant assistance underdivision3,subdivision2,thenoticegiventotheapplicantunder section 90 must also state the amount
of the remainingCOVA pool.(5)Toremoveanydoubt,itisdeclaredthatforthisAct,theremainingCOVApoolisanassistancelimitforthedependantswhoapplyforassistanceunderdivision3,subdivision 2.(6)In
this section—dependantmeans dependant
as defined under schedule 3 ofthe repealed
Act.prescribedamountmeanstheamountprescribedundertherepealed Act for section 35(2) of that
Act.remaining COVA pool, for a deceased
person’s death, meansthe part of the prescribed amount that
has not been paid undersection 35oftherepealedActtothedeceasedperson’sdependants for
the deceased person’s death.176Mixed
applications by family members(1)This
section applies if—Page 150Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 176]Notauthorised—indicativeonly(a)someonediedbeforethecommencementincircumstances constituting murder or
manslaughter; and(b)there are 2 or more members of the
deceased person’sfamily who are not dependants of the
deceased person;and(c)1ormoreofthemembersmakesanapplicationforassistance under division 3, subdivision 2;
and(d)1 or more of the other members—(i)makesanapplicationundersection 35oftherepealed Act under section 177(4);
or(ii)hadpreviouslymadeanapplicationundersection 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 forassistance under division 3,
subdivision 2 are only eligible forassistance of up
to the remaining COVA pool (if any) for thedeceased
person’s death.(3)Forapplyingsections 71and72toanapplicationforassistanceunderdivision3,subdivision2,areferenceinsection 71(2)(a) to a victim of the same
kind does not includethe members mentioned in subsection
(1)(d).(4)If the government assessor decides to
grant assistance underdivision3,subdivision2,thenoticegiventotheapplicantunder section 90 must also state the amount
of the remainingCOVA pool.(5)Toremoveanydoubt,itisdeclaredthatforthisAct,theremaining COVA pool is an assistance
limit for the memberswho apply for assistance under
division 3, subdivision 2.(6)In this
section—dependantmeans dependant
as defined under schedule 3 ofthe repealed
Act.Current as at [Not applicable]Page
151
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 177]prescribedamountmeanstheamountprescribedundertherepealed Act for section 35(3) of that
Act.remaining COVA pool, for a deceased
person’s death, meansthe part of the prescribed amount that
has not been paid undersection 35oftherepealedActtomembersofthedeceasedperson’sfamily,whoarenotdependants,forthedeceasedperson’s
death.Division 7Extensions of
timeSubdivision 1Persons for whom
period forapplying under repealed Act hasexpired177Existing applications for extension under
repealed Act(1)This section applies if—(a)at the commencement, a person
has—(i)appliedtoacourtforanorderundersection 41(1)(a) of the repealed Act;
or(ii)appliedtotheMinisterforanorderundersection 41(1)(b)
of the repealed Act; and(b)the application
has not been finally decided before thecommencement.(2)The
entity to whom the application was made must decide theapplication under section 41 of the repealed
Act.(3)For subsection (2), section 41 of the
repealed Act continues toapply as if this chapter had not
commenced.(4)If the order is made in favour of the
person, despite division 2or 3—(a)the
person may, within the period allowed by the order,make
the application in relation to which the order wassought under the repealed Act; andPage
152Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 178](b)theapplicationmustbedealtwithundertherepealedAct as if this
chapter had not commenced.(5)Forsubsection (4),therepealedActcontinuestoapplyinrelation to the application, and any
decision made in relationto the application, as if this chapter
had not commenced.Note—Division 8
provides for the application of the repealed legislation inrelationtoanordermadeundersection
24oftherepealedAct,including an
order made after the commencement.(6)IfthepersonmakesanapplicationtotheStateundersubsection (4)andattheendof3yearsafterthecommencement the applicant has not given all
the necessaryinformation,documentsorotherassistancetoenabletheapplication 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
cannot 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)ensureallreasonablestepsaretakentogivetheapplicantanopportunitytogivethenecessaryinformation,
documents or other assistance to enable theapplicationtobedecidedwithinthe3yearperiodmentioned in
subsection (6).178Particular persons may apply for
assistance(1)This section applies if, at the
commencement—(a)anadultwhocouldhavemadeanapplicationundersection 33(1)(a),(b)(i)or(c)oftherepealedActinrelation to a personal offence is out
of time; but(b)3 years after the relevant event has
not passed.Current as at [Not applicable]Page
153
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 178](2)For
subsection (1)(a), an adult isout of
timefor making anapplication
under section 33(1)(a), (b)(i) or (c) of the repealedAct
if—(a)the period within which the adult
could have made theapplication,ifthischapterhadnotcommenced,hasexpired; and(b)theadulthasnotmadetheapplicationwithinthatperiod.(3)The adult can not apply for an order
under section 41 of therepealed Act.(4)However, the adult may apply for assistance
under section 160as if the adult were a person mentioned in
section 159.(5)In this section—relevantevent,inrelationtoanadultmentionedinsubsection (1)(a), means—(a)iftheadultcouldhavemadetheapplicationundersection 33(1)(a) of the repealed Act—the end
of the trialfor the personal offence; or(b)iftheadultcouldhavemadetheapplicationundersection 33(1)(b)(i) of the repealed Act—the
finding thatthepersonwhocommittedtheactoromissionconstitutingthepersonaloffencewassufferingfromunsoundness of mind when doing the act or
making theomission,orwasnotfitfortrial,undertheMentalHealth Act
2000, chapter 7, part 6; or(c)iftheadultcouldhavemadetheapplicationundersection 33(1)(c) of the repealed Act—the
notification oftheadultbytheinvestigatingpoliceofficerthattheperson who committed the personal
offence can not beidentified or found after appropriate
inquiry and search.Page 154Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 179]Notauthorised—indicativeonly179Particular persons may apply for
approval to apply forassistance(1)This
section applies if, at the commencement, a person whocould have made a relevant COVA application
in relation to apersonal offence is out of time.(2)Forsubsection
(1),apersonisoutoftimeformakingarelevant COVA application if—(a)the period within which the person
could have made theapplication,ifthischapterhadnotcommenced,hasexpired; and(b)thepersonhasnotmadetheapplicationwithinthatperiod.(3)The person can not apply for an order
under section 41 of therepealed Act.(4)However, if the person has not previously
applied for an orderunder section 41 of the repealed Act
in relation to the personaloffence,thepersonmayapplytotheschememanagerforapproval 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 24oftherepealedAct—applyforassistanceundersection 156 as if the person were a person
mentioned insection 154; or(b)for
a person who is out of time in relation to section 33or34oftherepealedAct—applyforassistanceundersection 160 as if the person were a person
mentioned insection 159; or(c)for
a person who is out of time in relation to section 35oftherepealedAct—applyforassistanceundersection 164 as if the person were a person
mentioned insection 163.(6)Theschememanagermaygivetheapprovaliftheschememanager
considers it would be appropriate and desirable to doso,
having regard to the following—Current as at [Not
applicable]Page 155
Victims
of Crime Assistance Act 2009Chapter 6 Repeal
and transitional provisions[s 179]Notauthorised—indicativeonly(a)theperson’sagewhenthepersonaloffencewascommitted;(b)whether the person has an impaired
capacity;(c)whetherthepersonwhoallegedlycommittedthepersonal offence was in a position of
power, influence ortrust in relation to the person;Examples of persons who may be in a position
of power, influenceor trust in relation to a person—a
person’s parent, spouse or carer(d)thephysicalorpsychologicaleffectofthepersonaloffence on the person;(e)whetherthedelayinthepersonmakingtherelevantCOVA application
undermines the possibility of a fairdecision;(f)any other matter the scheme manager
considers relevant.(7)Theschememanagermustgivethepersonnoticeofthescheme manager’s
decision on the application for approval.(8)If
the scheme manager decides not to give the approval, thenotice must state the following—(a)the decision;(b)the
reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement 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 applicationmeans—(a)anapplicationforanorderundersection 24oftherepealed Act; or(b)anapplicationforthepaymentofanamountundersection 33, 34 or 35 of the repealed
Act.Page 156Current as at
[Not applicable]
Notauthorised—indicativeonlySubdivision 2Victims of Crime
Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 180]Persons for whom
period forapplying under repealed CriminalCode
chapter has expired180Particular persons may apply for
approval to apply forassistance(1)This
section applies if, at the commencement—(a)apersonwhocouldhavemadearelevantCodeapplicationinrelationtoapersonaloffenceisoutoftime; and(b)thepersonhasnotpreviouslymadeorpurportedtomake
the application.(2)Forsubsection
(1),apersonisoutoftimeformakingarelevant Code application if, because of the
application of theLimitations of Actions Act 1974—(a)the period
within which the person could have made theapplication,ifthischapterhadnotcommenced,hasexpired; and(b)thepersonhasnotmadetheapplicationwithinthatperiod.(3)The person may apply to the scheme
manager for approval toapply for assistance under division
2.(4)Iftheschememanagergivestheapproval,thepersonmayapply for assistance under section 156 as if
the person were aperson mentioned in section 154.(5)Theschememanagermaygivetheapprovaliftheschememanager
considers it would be appropriate and desirable to doso,
having regard to the following—(a)theperson’sagewhenthepersonaloffencewascommitted;(b)whether the person has an impaired
capacity;Current as at [Not applicable]Page
157
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 181](c)whetherthepersonwhoallegedlycommittedthepersonal offence was in a position of
power, influence ortrust in relation to the person;Examples of persons who may be in a position
of power, influenceor trust in relation to a person—a
person’s parent, spouse or carer(d)thephysicalorpsychologicaleffectofthepersonaloffence on the person;(e)whether the person’s delay in making the
relevant Codeapplication undermines the possibility of a
fair decision;(f)any other matter the scheme manager
considers relevant.(6)Theschememanagermustgivethepersonnoticeofthescheme manager’s
decision on the application for approval.(7)If
the scheme manager decides not to grant the approval, thenotice must state the following—(a)the decision;(b)the
reasons for the decision;Note—See theActs
Interpretation Act 1954, section 27B (Content ofstatement of reasons for decision).(c)the internal review details for the
decision.(8)In this section—relevant Code
applicationmeans an application for an orderunder section 663B of the repealed Criminal
Code chapter.Division 8Compensation
orders181Application of div 8This
division applies to an order (compensation
order) for thepayment of
compensation made by a court, whether before orafter the
commencement, under either of the following (each arepealed provision)—Page
158Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 182](a)section 24 of the repealed Act;(b)section 663B of the repealed Criminal
Code chapter.Notauthorised—indicativeonly182Compensation order continues(1)Subject to section 183, the
compensation order continues ineffect, and the
repealed provision and any other provisions ofthe repealed
legislation that are necessary or convenient to beappliedinrelationtotheordercontinuetoapply,asifthischapter had not
commenced.(2)Without limiting subsection (2) and
subject to section 183—(a)the following
provisions of the repealed Act continue toapply in
relation to an order made under section 24 ofthat Act—(i)section 28(2);(ii)section 28(3);(iii)sections 32 and 37; and(b)the
following provisions of the repealed Criminal Codechapter continue to apply in relation to an
order madeunder 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 repealedCriminalCodechapterareaboutapplyingparticularfundsofaconvictedpersontowardsthepaymentofcompensationunderacompensation order.Section 28(3) of the repealed Act and
section 663B(4) of the repealedCriminal Code
chapter are about enforcing a compensation order.Section 32oftherepealedActandsection 663CoftherepealedCriminal Code
chapter are about obtaining an amount that must be paidunder a compensation order from the
State.Section 37 of the repealed Act provides for
the payment of an amountunder section 32 of the repealed Act
from the consolidated fund.Current as at [Not applicable]Page
159
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 183]Section 663E(1)
of the repealed Criminal Code chapter provides for thepayment of an amount under section 663C of
that chapter from theconsolidated fund.183Limitations about applications to State for
payment ofamount payable under compensation
order(1)A person may apply to the State for
the payment of an amountin relation to the compensation order
under section 32 of therepealed Act, or section 663C of the
repealed Criminal Codechapter, only within—(a)ifthecompensationorderwasmadebeforethecommencement—6 months after the
commencement; or(b)ifthecompensationorderismadeonorafterthecommencement—6 months after the order is
made.(2)If at the end of 3 years after the
commencement a person whomakesanapplicationundersubsection (1)hasnotgivenallthenecessaryinformation,documentsorotherassistancetoenable the application to be decided, the
application lapses.Note—See—(a)foranapplicationundersection 32oftherepealedAct—section 36(4) to (6) of that Act; or(b)for an applicationunder section
663C of the repealedCriminalCode
chapter—section 663C(2) and (3) of that chapter.(3)If an application lapses under
subsection (2), the applicant cannot 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)ensureallreasonablestepsaretakentogivetheapplicantanopportunitytogivethenecessaryinformation,
documents or other assistance to enable theapplicationtobedecidedwithinthe3yearperiodmentioned in
subsection (2).Page 160Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 9Victims of Crime
Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 184]Provisions about
amounts paid byState under repealed legislationSubdivision 1Continuing
State’s rights184State’s rights in relation to amounts
paid continue(1)Sections 27 and 38 of the repealed Act
continue to apply, as ifthis chapter had not commenced, in
relation to an amount paidby the State under part 3 of the
repealed Act, whether beforeor after the
commencement.(2)For subsection (1), any other
provisions of the repealed Actthatarenecessaryorconvenienttobeusedinrelationtosection 27 or 38 also continue to apply as
if this chapter hadnot commenced.(3)Section 663E(2)and(3)oftherepealedCriminalCodechaptercontinuestoapply,asifthischapterhadnotcommenced, in
relation to an amount paid to a person undersection
663C(4)or663D(4)oftherepealedCriminalCodechapter, whether
before or after the commencement.(4)Forsubsection (3),anyotherprovisionsoftherepealedCriminal Code
chapter that are necessary or convenient to beusedinrelationtosection 663E(2)or(3)alsocontinuetoapply as if this chapter had not
commenced.Subdivision 2Recovering
amount from offender185Purpose and application of sdiv
2(1)This subdivision helps the State to
recover from a person—(a)anamountpaidbytheStateundersection
32oftherepealed Act in
relation to a compensation order madeunder section 24
of that Act against the person; orCurrent as at [Not
applicable]Page 161
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 186]Note—See
section 38 of the repealed Act and section 184 for the
State’ssubrogation rights in relation to the
compensation order.(b)an amount paid by the State under
section 663C of therepealed Criminal Code chapter in relation
to an ordermade under section 663B(1) of that chapter
against theperson; orNote—Seesection 663E(2)and(3)oftherepealedCriminalCodechapterandsection 184fortheState’ssubrogationrightsinrelation to the order.(c)an amount payable to the State
under—(i)arepaymentordermadeundersection
27oftherepealed Act
against the person; or(ii)an order made
under section 38(5) of the repealedAct against the
person.(2)This subdivision provides a way for
the State to recover anamount payable under an order
mentioned in subsection (1) asan alternative
to enforcing the order.(3)This subdivision
applies in relation to an amount mentioned insubsection
(1)—(a)whether the amount was paid or became
payable beforeor after the commencement; and(b)whether or not the order in relation
to which the amountis payable has been filed in a court for the
purpose ofenforcing the order.186Definition for sdiv 2In this
subdivision—relevant subrogation provisionmeans—(a)foranamountpaidbytheStateundertherepealedAct—section
38(1) or (3) of that Act; orPage 162Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 187](b)foranamountpaidbytheStateundertherepealedCriminal Code
chapter—section 663E(2) or (3) of thatchapter.Notauthorised—indicativeonly187No recovery if relevant agreement in
force(1)The State can not, under this
subdivision, recover an amountfrom a person if
the State has entered into an agreement withthe person for
the payment of the amount to the State, and theagreement is
still in force.(2)TheStatecannot,underthissubdivision,recoverfromapersonanamountpaidbytheStateinrelationtoanordermentioned in
section 185(1)(a) or (b) if—(a)the
person against whom the order was made (offender)andthepersoninwhosefavourtheorderwasmade(victim) have entered
into an agreement for the paymentof 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
rightsin relation to the agreement.(3)Subsection (1)or(2)applieswhethertheagreementwasentered into before or after the
commencement.188Recovery limited if amount received as
subrogated victim(1)This section applies if the
State—(a)paysanamountinrelationtoanordermentionedinsection 185(1)(a) or (b); and(b)receivesanamountunderarelevantsubrogationprovisioninrelationtotheinjuryforwhichtheorderwas made.(2)IndecidingtheamountthattheStatemayseektorecoverunderthissubdivisionfromthepersonagainstwhomtheorderwasmade,theamountthatwouldotherwisebeCurrent as at [Not applicable]Page
163
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 189]recoverableunderthissubdivisionmustbereducedbytheamount received under the relevant
subrogation provision.(3)If the State
receives the amount under the relevant subrogationprovision after the person against whom the
order was madebecomes liable to pay an amount under
section 191(4)—(a)the person’s liability under section
191(4) is reduced bytheamountreceivedunderthesubrogationprovision;and(b)theschememanagermustgivethepersonanoticestating the
amount the person is now liable to pay to theState
(thenew payable amount); and(c)if the person has already paid more
than the new payableamount, the State must refund to the
person the excessamount paid.189Notice of intended recoveryBeforetheStatemay,underthissubdivision,recoveranamountfromapersoninrelationtoanordermentionedinsection 185(1),theschememanagermustgivethepersonanotice stating—(a)the
date on which the order was made; and(b)theamountthepersonwasorderedtopayundertheorder; and(c)if
the State is intending to recover an amount in relationto
an order mentioned in section 185(1)(a) or (b)—(i)the
person in whose favour the order was made (thevictim);
and(ii)the amount the
State paid the victim in relation tothe order;
and(iii)the part of the
amount ordered to be paid under theorder that the
State claims the person has not paidto the victim,
or to the State as subrogated to thevictim’s rights
and remedies under the order; andPage 164Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 190](iv)the
amount, if any, the State has received under arelevantsubrogationprovisioninrelationtotheinjury for which the order was made;
and(d)if the State is intending to recover
an amount in relationto an order mentioned in section
185(1)(c)—the part ofthe amount ordered to be paid under
the order that theState claims the person has not paid to the
State; and(e)theamounttheStatewillseektorecoverfromtheperson under this subdivision;
and(f)that the person may—(i)bynoticetotheschememanagerwithin28daysafter being
given the notice, dispute the amount theStatewillseektorecoverfromthepersonunderthissubdivision,including,forexample,bydisputing a claim mentioned in paragraph
(c)(iii) or(d); and(ii)ifthepersondoesnotagreewiththeschememanager’sdecisiongivenafterconsideringthenotice of the dispute—apply to QCAT for a
reviewof the scheme manager’s decision; and(g)that when the amount the State will
seek to recover fromthepersonunderthissubdivisionisdecidedasmentioned in section 191(2), the person is
liable to paythe 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 undersection 189 disputes the amount the
State will seek to recoverfrom the person under this
subdivision.(2)The person may, within 28 days after
being given the notice,give notice of the dispute (thedispute notice) to the
schememanager.(3)The
dispute notice must state—Current as at [Not applicable]Page
165
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 191](a)the
amount the person claims that the State is entitled torecover from the person under this
subdivision; and(b)the facts relied on by the person to
support the person’sclaim.(4)Afterconsideringthedisputenotice,theschememanagermust
decide the amount the State will seek to recover from theperson which may be—(a)the
amount stated in the notice given under section 189;or(b)a lower
amount.(5)Theschememanagermustgivethepersonnoticeofthescheme manager’s
decision.(6)Iftheamountdecidedbytheschememanagerundersubsection (4)ishigherthantheamountthepersonclaimsthat
the State is entitled to recover from the person under thissubdivision, the notice given under
subsection (5) must be aQCAT information notice.(7)The person may apply, as provided
under the QCAT Act, toQCAT for a review of the scheme
manager’s decision undersubsection (4).191Offender’s liability to pay(1)This section applies if—(a)the scheme manager has given a person
a notice undersection 189 (recovery
notice); and(b)theamounttheStatewillseektorecoverfromtheperson under this subdivision is
decided as mentioned insubsection (2).(2)The
amount the State will seek to recover is—(a)if
the person has not, for the recovery notice, given thescheme manager a dispute notice under
section 190(2)within28daysaftertheschememanagergavethePage
166Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 191]Notauthorised—indicativeonlypersontherecoverynotice—theamountstatedintherecovery notice; or(b)ifthepersonhas,fortherecoverynotice,giventhescheme manager a dispute notice under
section 190(2)within28daysaftertheschememanagergavetheperson the recovery notice—(i)the amount decided by the scheme
manager undersection 190; or(ii)if
the person applies, as provided under the QCATAct,toQCATforareviewoftheschememanager’sdecisionundersection 190—theamount decided
by QCAT under the QCAT Act, orbyanotherentityfollowinganappealagainstQCAT’s decision.(3)The
scheme manager must give the person a notice stating—(a)the amount (payable
amount) the State seeks to recoverfromthepersonunderthissubdivision,decidedasmentioned in subsection (2);
and(b)that, under subsection (4), the person
is liable to pay thestated amount to the State within a
stated period of atleast 28 days (thepayment
period); and(c)that, if the person does not pay the stated
amount withinthestatedperiod,theschememanagermaygiveparticularsoftheamounttotheSPERregistrarforregistration under theStatePenaltiesEnforcementAct1999.(4)ThepersonisliabletopaytheStatethepayableamountwithin the payment period.(5)If the order mentioned in section
185(1) to which the liabilitymentioned in
subsection (4) relates is amended to reduce theamount the
person is ordered to pay under the order, and thereduced amount is less than the payable
amount—(a)the person’s liability under
subsection (4) is reduced tothe reduced
amount; andCurrent as at [Not applicable]Page
167
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 192](b)theschememanagermustgivethepersonanoticestating the
reduced amount and the effect of paragraph(a); and(c)ifthepersonhasalreadypaidmorethanthereducedamount, the
State must refund to the person the excessamount
paid.(6)Ifthechiefexecutiveis,undertheCorrectiveServicesAct2006, paid an amount
(thecorrective services amount)
fromthe offender’s prisoner’s account, or victim
trust fund, underthat Act—(a)the
person’s liability under subsection (4) is reduced bythe
corrective services amount; and(b)theschememanagermustgivethepersonanoticestating—(i)the effect of paragraph (a);
and(ii)theamountthepersonisliabletopaytheStateafter the reduction.Note—See
also section 188(3).192Dealing with refundable amount if
assistance granted tooffender(1)This
section applies if—(a)aperson(offender)isliabletopayanamounttotheState under
section 191(4); and(b)the offender’s liability under section
191(4) is reducedunder section 188(3) or 191(5); and(c)becauseofthereductiontheStatemustrefundanamount (refundable
amount) to the offender; and(d)under section 95, an amount of assistance
granted to theoffender(offsetamount)wastakentobepaidtotheStateforsatisfyingtheoffender’sliabilityundersection
191(4).Page 168Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 192]Notauthorised—indicativeonly(2)The State must—(a)ifparagraph(b)doesnotapply—paytherefundableamount to the
offender as assistance; or(b)iftherefundableamountismorethantheoffsetamount—paythepartoftherefundableamountequivalenttotheoffsetamounttotheoffenderasassistance,andrefundtheremainingpartoftherefundable
amount to the offender.Example—Theoffenderbecomesliabletopay$10,000totheStateundersection 191(4). The offender is granted
assistance of $8,000 but it istaken,undersection
95,tobepaidtotheStateforsatisfyingtheoffender’s liability under section 191(4)
(which is the offset amount).The State
receives $5,000 under a relevant subrogation provision. Theperson’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 whattheoffender haspaidandtheoffender’snewliability to the State.Because the
offender was taken, under section 95, to have paid $8,000to
the State for satisfying the offender’s liability, the $3,000 must
bepaid to the offender as assistance.(3)If, under subsection (2), an amount is
paid to the offender asassistance, the government assessor
must—(a)decidethecomponentofassistanceforwhichtheamount is payable, having regard to—(i)thecomponents(ifany)forwhichassistancegrantedtothepersonwaspaidorpayableundersection 95; and(ii)the
offender’s needs; and(iii)whether the
offender has incurred any expenses forwhichassistancehasnotalreadybeenpaidorbecome payable under section 95; and(iv)anythingelsethegovernmentassessorconsidersrelevant;
and(b)give the offender a notice
stating—(i)the decision; andCurrent as at [Not
applicable]Page 169
Victims
of Crime Assistance Act 2009Chapter 6 Repeal
and transitional provisions[s 193](ii)the
reasons for the decision; andNote—SeetheActsInterpretationAct1954,section 27B(Content of
statement of reasons for decision).(iii)the
internal review details for the decision.Notauthorised—indicativeonly193Registration of
unpaid amount under State PenaltiesEnforcement Act
1999(1)Ifapersonwhoisliabletopayanamountundersection 191(4)
fails to pay the amount, or pays only a part ofthe amount, the
scheme manager may give particulars of theunpaid amount to
the SPER registrar for registration under theState Penalties
Enforcement Act 1999, section 34 as if—(a)the notice given under section 191(3)
were an order of acourt fining a person the amount stated in
the notice; and(b)the scheme manager were the registrar
of that court; and(c)theparticularsweretheprescribedparticularsoftheunpaid amount of a fine imposed by
that court.(2)TheSPERregistrarmustregistertheparticularsundertheState Penalties Enforcement Act
1999, section 34 and for thatpurposethatActapplieswithallnecessaryandconvenientchanges.(3)The fine option order provisions and
imprisonment provisionsdonotapplyinrelationtoanamountpayableundersection
191(4).(4)For this section, the person who is
liable to pay an amountunder section 191(4) fails to pay the
amount if—(a)theschememanagergivesthepersonanoticeundersection 191(3) about the amount; and(b)thepersonfailstopaytheamountwithintheperiodstated in the
notice, or a longer period agreed to by thescheme
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)—Page 170Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 6 Repeal and transitional
provisions[s 194](a)the
scheme manager must give the SPER registrar noticeof
the reduction; and(b)the SPER registrar must amend the
particulars registeredundertheStatePenaltiesEnforcementAct1999,section 34 to reflect the reduction.(6)In this section—fineoptionorderprovisionsmeanstheStatePenaltiesEnforcement Act 1999, section 41(c)
and the other provisionsof that Act relating to fine option
orders.imprisonment provisionsmeans the
following—(a)theState Penalties
Enforcement Act 1999, section 52 totheextentitappliestoanarrestandimprisonmentwarrant, and the
other provisions of that Act relating toarrest and
imprisonment warrants;(b)theState Penalties Enforcement Act 1999,
part 6.194Obtaining information from
court(1)Theschememanagermay,forthepurposeoftheStaterecovering an amount from a person under
this subdivision,ask the registrar of a court for the
identifying particulars forthe 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 sentencedtoaperiodofimprisonment,theplaceatwhichtheperson is being detained for the
period.(2)TheregistrarmustgivetherequestedinformationtotheschememanageriftheregistrarissatisfiedtheinformationwillenabletheStatetorecoveranamountunderthissubdivision.(3)The
registrar may give the requested information by allowingtheschememanagertoaccessanelectronicdatabasemaintained for the court.Current as at [Not applicable]Page
171
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 6 Repeal and transitional
provisions[s 195](4)Iftheregistrargivestheschememanageraccesstoanelectronic database as mentioned in
subsection (3), the accessto, and the use of, the database is
limited to the extent it isconnected with
the requested information.(5)The scheme
manager may use information lawfully obtainedunderthissectionforrecoveringanamountunderthissubdivision.(6)In
this section—registrar, in relation to
a Magistrates Court, means the clerkof that
court.Division 10Other
transitional provision195References to
repealed ActIf the context permits, a reference in
another Act or documentto theCriminal Offence
Victims Act 1995may be taken to be areference
to—(a)theCriminal Offence
Victims Act 1995as it continues toapply under this
part; or(b)this Act.Page 172Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 7 Validation provision for Health
Practitioner Registration and Other LegislationAmendment Act
2013[s 196]Chapter 7Validation provision forHealth
PractitionerRegistration and OtherLegislation
Amendment Act2013196Definitionhealth practitioner—retrospective
operationand validation(1)Thissectionappliesinrelationtotheperiodfromthecommencementofthe2010amendmentuntilthecommencement of this section (thevalidation period).Note—The 2010
amendment commenced on 1 July 2010.(2)It
is declared that—(a)forthisAct,apersonistakentohavebeenahealthpractitionerforanytimeduringthevalidationperiodthatthepersonwasregisteredundertheHealthPractitioner
Regulation National Law to practise in thedentists
division of the dental profession, other than as astudent; and(b)anything done or omitted to be done by a
person is takento be, and to have always been, as valid and
lawful as itwould be, or would have been, if the amended
definitionhad been in force throughout the validation
period.(3)In this section—2010amendmentmeansthesubstitutionofthedefinitionhealthpractitionerinschedule3bytheHealthLegislation(HealthPractitionerRegulationNationalLaw)AmendmentAct
2010.amended definitionmeans the
definitionhealth practitionerinschedule3asinforceimmediatelyafterthecommencement of this section.Current as at [Not applicable]Page
173
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 197]Chapter 8Transitional provisions forVictims of CrimeAssistance and
OtherLegislation Amendment Act2017Part 1Preliminary197Definitions for chapterIn this
chapter—amendingActmeanstheVictimsofCrimeAssistanceandOther Legislation Amendment Act 2017.applicationdecidedafterthecommencementmeansanapplication for victim
assistance—(a)made, but not decided, before the
commencement; or(b)madeafterthecommencement,regardlessofwhethertheactofviolenceforwhichassistanceissoughthappened before
or after the commencement.assistancelimithasthemeaninggivenunderpreviousschedule
3.new,forthisActoraprovisionofthisAct,meanstheprovision as in force from the
commencement.previous, for a
provision of this Act, means the provision as inforce from time to time before the
commencement.Page 174Current as at
[Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 198]Part 2Victims charter198Complaints about prescribed persons and
victimscharterNewchapter2andnewschedule1AAapplyinrelationtoconduct of a prescribed person, within the
meaning of the newAct, engaged in on or after the
commencement.Part 3Financial
assistanceDivision 1Basic
concepts199Definition ofact of
violence(1)New section 25 applies in relation to
an act of violence that isdomestic violence only if the domestic
violence is committedon or after the commencement.(2)However, subsection (3) applies
if—(a)a person dies or suffers injury as a
direct result of 2 ormore acts or omissions constituting
domestic violence;and(b)at least 1 of
the acts or omissions was committed beforethe
commencement; and(c)at least 1 of the acts or omissions is
committed on orafter the commencement; and(d)had all of the acts or omissions been
committed after thecommencement, all of the acts or omissions
would haveformedpartofaseriesofrelatedactsofdomesticviolence under
new section 25B.(3)All of the acts or omissions are taken
to be a series of relatedacts of domestic violence.Current as at [Not applicable]Page
175
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 200]Note—Under section 204, the availability of
financial assistance for an act ofviolence that is
a series of related acts of domestic violence to whichsubsection (3) applies is limited to
expenses incurred on or after thecommencement.Division 2Relationship with other legislation200New ch 3, pts 3–3BNew chapter 3,
parts 3 to 3B apply only to an application forvictim
assistance made on or after the commencement.Division 3Amount and composition ofassistance201Other
expensesNew section 39(g), 42(f), 45(f) or 49(g)
applies in relation toan application decided after the
commencement.202Pools of assistance(1)Thissectionappliestoanapplicationmadebyanyofthefollowing victims of an act of
violence that is an applicationdecided after
the commencement—(a)a parent secondary victim;(b)a witness secondary victim;(c)a related victim.(2)Thenewentitlementprovisionsapplyinrelationtotheapplication.(3)Subsection (4) applies if—Page
176Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 203](a)a
proportion of an assistance limit was granted beforethecommencementtoanothervictimoftheactofviolence; and(b)the
assistance limit would have applied to the applicanthad
the amending Act not commenced.(4)Despitesubsection(2),thepreviousentitlementprovisionsandtheancillaryprovisionsapplyinrelationtotheapplication.(5)This
section applies subject to section 201.(6)In
this section—ancillary provisionsmeans—(a)previous sections 71, 72, 85(3) and
90(e); and(b)for a parent secondary victim—previous
sections 53 and55(3); and(c)forarelatedvictim—previoussections53,55(3)and85(2)(b) and (4).entitlement
provisionsmeans—(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
7.203Amount of funeral expense
assistanceNew section 50 applies in relation to an
application decidedafter the commencement.204Series of related acts of domestic violence
that startedbefore commencement(1)This
section applies if a person applies for financial assistanceforanactofviolencethatisaseriesofrelatedactsofdomestic violence to which section
199(3) applies.Current as at [Not applicable]Page
177
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 205](2)Theassistancethatmaybegrantedtotheapplicantforexpensesislimitedtoexpensesincurredonorafterthecommencement.(3)This
section does not limit assistance payable to the applicantfor
an act of violence, within the meaning of previous section25—(a)committed before
the commencement; and(b)constituted by
an act or omission that forms part of theseries of
related acts of domestic violence.Division 4Applying for assistance205Form
of applicationsNew section 52 or 57 applies only in
relation to an applicationfor victim assistance or funeral
expense assistance made on orafter the
commencement.206Extension of time for applying for
funeral expenseassistanceNew section 58
applies to an application for extension of timemade on or after
the commencement, regardless of whethertheactofviolencewascommittedbeforeorafterthecommencement.Division 5Considering applications forassistance207Obtaining information etc.New
chapter 3, part 12, division 1 and new sections 84A to84C
apply only to an application for assistance made on orafter the commencement.Page 178Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 208]208Reduction if relevant payment
receivedNew section 86 applies—(a)inrelationtoanapplicationdecidedafterthecommencement; and(b)if
the relevant payment is or will be received on or afterthe
commencement.209Deferral if victim’s conduct may be
relevantNewsection87appliestoanapplicationdecidedafterthecommencement.Division 6Deciding applications forassistance210Inviting submissions from applicantNew
section 88 applies in relation to an application decidedafterthecommencement,regardlessofwhethernoticewasgiven to the applicant under section
88(2) before or after thecommencement.211Mandatory conditions(1)Newsections89and90applyinrelationtoanapplicationdecided after
the commencement.(2)This section applies subject to
section 202.Division 7Other provisions
about assistance212Interim assistanceNew chapter 3,
part 14 applies in relation to an applicationdecided after
the commencement.Current as at [Not applicable]Page
179
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 213]213Amendment of grants(1)Newchapter3,part15,division1appliesinrelationtoanapplication for amendment of a grant
of assistance decided onor after the commencement, regardless
of whether the act ofviolence was committed before or after
the commencement.(2)Subsection (3) applies if—(a)a proportion of an assistance limit
was granted beforethecommencementtoanothervictimoftheactofviolence; and(b)the
assistance limit would have applied to the applicanthad
the amending Act not commenced.(3)Despitesubsection(1),forconsideringanddecidingtheapplication—(a)section103(2)(c)appliesasifitreferstoprevioussection 85 and
new sections 86 and 87; and(b)previous section 104(3) applies.214Amendment of grant without
application(1)New chapter 3, part 15, division 2
applies in relation to anygrantofassistance,whetherthegrantwasmadebeforeorafter the commencement.(2)Subsection (3) applies, for new
chapter 3, part 15, division 2,ifthegrantofassistancewasmadebeforethecommencement.(3)Whetherarelevantpaymentwouldhaveresultedinareduction of assistance granted to the
person under section 86must be decided as if new section 86
had been in effect whenthe grant was made.215Recovering assistance from
offender(1)New chapter 3, part 16, other than new
section 114, applies inrelationtoanygrantofassistance,whetherthegrantwasmade
before or after the commencement.Page 180Current as at [Not applicable]
Victims of Crime Assistance Act 2009Chapter 8 Transitional provisions for Victims
of Crime Assistance and Other LegislationAmendment Act
2017[s 216](2)However,subsection(1)doesnotapplyifnoticeoftheintendedrecoverywasgivenunderprevioussection115before the commencement.(3)Newsection114appliestoanyrequestforinformationwhether before
or after the commencement.Notauthorised—indicativeonly216Effect of conviction for fraud
etc.Newchapter3,part17appliesinrelationtoanapplicantwhoseapplicationforassistanceisanapplicationdecidedafter the commencement.217Review of decisions(1)Previous chapter 3, part 18 continues to
apply to a decisionidentifiedinpreviousschedule1madebeforethecommencement.(2)However, new section 124(3) applies to a
decision identifiedin previous schedule 1 made before the
commencement.(3)New chapter 3, part 18 applies to a
decision identified in newschedule 1 made on or after the
commencement.(4)However, previous sections 124(7) and
125(3) and previousschedule 1 apply to a decision made after
the commencementifthevictimtowhomthedecisionrelatesissubjecttoanassistance limit because of the
operation of this chapter.(5)Previous section
136 continues to apply to—(a)apersonwhowasgrantedassistancebeforethecommencement; or(b)an
applicant for review mentioned in subsection (4).218Requirement to notify scheme manager
about relevantpaymentNewsection141Aappliestoanapplicantforassistancewhoseapplicationisanapplicationdecidedafterthecommencement.Current as at [Not
applicable]Page 181
Victims
of Crime Assistance Act 2009Chapter 8
Transitional provisions for Victims of Crime Assistance and Other
LegislationAmendment Act 2017[s 219]219Primary victims—special
assistanceNew schedule 2 applies in relation to
special assistance for anactofviolenceiftheapplicationforassistanceisanapplication decided after the
commencement.Notauthorised—indicativeonlyPage 182Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Schedule 1AASchedule
1AACharter of victims’ rightsNotauthorised—indicativeonlysection 6BPart 1Rights of victimsDivision 1General rightsNote—For
this division,victimincludes a
victim of domestic violence that isnot a crime. See
section 5(3) of this Act.1A victim will be
treated with courtesy, compassion, respectand dignity,
taking into account the victim’s needs.2Avictim’spersonalinformation,includingthevictim’saddressandtelephonenumber,willnotbedisclosedunlessauthorised by law.3Avictimwillbeinformedattheearliestpracticableopportunityaboutservicesandremediesavailabletothevictim.Division 2Rights relating
to the criminaljustice system1Avictimwillbeinformedabouttheprogressoftheinvestigation of the crime, unless
informing the victim mayjeopardisetheinvestigation.Iftheinvestigationmaybejeopardised, the victim will be
informed accordingly.2A victim will be
informed of each major decision (includingthe reasons for
the decision) made about the prosecution of aperson accused
of committing the crime, including decisionsabout any of the
following matters—(a)the charges brought against the
accused;Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Schedule 1AA(b)notbringingcharges,orsubstantiallychangingthecharges, against the accused;(c)accepting a plea of guilty to a lesser
or different charge.3A victim will be
informed of the following matters—(a)the
name of a person charged with an offence in relationto
the crime;(b)the issue of a warrant for the arrest
of a person accusedof committing the crime;(c)details of relevant court processes,
including when thevictim may attend a court proceeding and the
date andplace of a hearing of a charge against the
accused;Example of a relevant court process—an
application for bail made by the accused(d)detailsofanydiversionaryprogramsavailabletotheaccused in relation to the
crime;(e)theoutcomeofacriminalproceedingagainsttheaccused,includingthesentenceimposedandtheoutcome of an
appeal.4Avictimwillbeinformedabouttheoutcomeofabailapplication made
by the accused and any arrangements madeforthereleaseoftheaccused,includinganyspecialbailconditionsimposedthatmayaffectthevictim’ssafetyorwelfare.5If a
victim is a witness at the accused’s trial, the victim will
beinformedaboutthetrialprocessandthevictim’sroleasawitness.6During a court proceeding, the victim will
be protected fromunnecessary contact with, or violence or
intimidation by, theaccused,defencewitnessesandfamilymembersandsupporters of the accused.7AvictimmaymakeavictimimpactstatementunderthePenaltiesandSentencesAct1992forconsiderationbythecourt during sentencing of a person
found guilty of an offencerelating to the crime.Page
184Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Schedule 1AA8A
victim’s property held by the State for an investigation or
asevidence will be returned to the victim as
soon as possible.Division 3ComplaintsNote—For
this division,victimincludes a
victim of domestic violence that isnot a crime. See
section 5(3) of this Act.1A victim may
make a complaint about a contravention of aright under this
charter, and will be given information aboutthe procedure
for making a complaint, under chapter 2 of thisAct.Part
2Rights of eligible persons1Aneligiblepersoninrelationtoanoffenderwillbekeptinformed of the
following matters—(a)the offender’s period of imprisonment
or detention;(b)the transfer of the offender to
another facility;(c)the escape of the offender from
custody or whether theoffender is unlawfully at
large.2Aneligiblepersonwillbegiventheopportunitytomakewritten
submissions to the parole board under theCorrectiveServices Act
2006about granting parole to the
offender.Current as at [Not applicable]Page
185
Victims
of Crime Assistance Act 2009Schedule 1Schedule 1Reviewable
decisionssection 124Notauthorised—indicativeonlySectionsection
34(4)section 36Dsection
36Esection 36Fsection
36Fsection 36Isection
36Jsection 36Jsection
54(2)section 58(2)section 70section 84Asection
84Bsection 84CPage 186Description of decisionrefusing to give
approval to make application forassistancedecisionthatapplicantdoesnothaveareasonableexcuse for not
making a motor accident claim withintheperiodmentionedintheMotorAccidentInsurance Act
1994, section 37(2)deferring
decision of application for assistancedecision about
the amount of assistance grantedrefusing an
application for assistancedeferringdecisionofapplicationforassistanceordeferring decision about amount of
assistancedecision about the amount of assistance
grantedrefusing an application for
assistancedeciding not to extend time for making an
applicationfor assistancedeciding not to
extend time for making an applicationfor funeral
expense assistancedeciding to deal with 2 or more applications
togetheras 1 applicationdeferring
decision of application for assistancedeferringdecisionofapplicationforassistanceordeferring decision about amount of
assistancedeferringdecisionofapplicationforassistanceordeferring decision about amount of
assistanceCurrent as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Schedule 1Sectionsection 86(2)section 87section 89(a)section
89(a)section 89(b)section 95section 98section 98section 98section
104section 104section
104section 106D(2)section
106E(3)section 118section
179section 180Description of
decisiondecision about component for which
assistance ispayabledeferring
decision about amount of assistancedecision about
the amount of assistance grantedimposing a
condition on the grant of assistance, otherthan a condition
imposed under section 89(2)refusing an
application for assistancedecision about component for which
unpaidassistance is payabledecision about
the amount of interim assistancegrantedimposing condition on a grant of interim
assistance,other than a condition imposed under section
98(2)refusing an application for interim
assistanceamending a grant of assistance in a way
other thansought by the applicantimposing a
condition on an amendment of a grant ofassistancerefusing an
application for the amendment of a grantof
assistancedecision that uncounted relevant payment
received orlikely to be receiveddecisionaboutcomponentforwhichreducedassistance is payabledecision about
component for which assistance ispayablerefusing to grant approval to apply for
assistancerefusing to grant approval to apply for
assistanceCurrent as at [Not applicable]Page
187
Victims
of Crime Assistance Act 2009Schedule 1Sectionsection
192Description of decisiondecision about
component for which assistance ispayableNotauthorised—indicativeonlyPage 188Current as at
[Not applicable]
Schedule 2Victims of Crime
Assistance Act 2009Schedule 2Amounts and
categories forspecial assistanceNotauthorised—indicativeonlyschedule 3, definitionscategoryandspecial assistance1Amount of special assistance payable(1)The amount of special assistance
payable in relation to an actof violence is
as follows—(a)generally—theamountstatedfortheactinsection 2having regard to
its category;(b)if the act is a category B, C or D act
of violence andcategory A circumstances apply to the
primary victim ofthe act—the amount stated in section 2 for a
category Aact of violence;(c)iftheactisacategoryCorDactofviolenceandcategory B circumstances apply to the
primary victim ofthe act—the amount stated in section 2 for a
category Bact of violence;(d)if
the act is a category D act of violence and category Ccircumstances apply to the primary victim of
the act—theamountstatedinsection 2 for a category C act
ofviolence.(2)If
an act of violence involves a series of related crimes or aseriesofrelatedactsofdomesticviolence,thespecialassistance
payable in relation to the act of violence must beworkedout,andispayableonly,inrelationtotheactofviolence in the series that is of the
highest category.Note—Section 4 states
the order of the categories of acts of violence.(3)In this section—category A
circumstances, for a primary victim of a categoryB, C
or D act of violence, means the victim has, as a directresult of the act—(a)suffered a very serious injury; orCurrent as at [Not applicable]Page
189
Victims
of Crime Assistance Act 2009Schedule 2Notauthorised—indicativeonlyPage 190(b)been
infected with a very serious disease.category B
circumstances, for a primary victim of a categoryC or
D act of violence, means—(a)the victim has,
as a direct result of the act—(i)suffered a serious injury; or(ii)beenavictimofaseriesofrelatedcrimesoraseries of
related acts of domestic violence; or(iii)suffered a deprivation of liberty;
and(b)when the act of violence was committed
or, if the act ofviolence involved a series of related crimes
or a series ofrelated acts of domestic violence, when 1 or
more of theacts were committed, the victim was—(i)a child under 16 years; or(ii)a person over 60
years; or(iii)a person with
impaired capacity.category C circumstances, for a primary
victim of a categoryD act of violence, means—(a)the victim has, as a direct result of
the act, been a victimof a series of related crimes or a
series of related acts ofdomestic violence; or(b)the act of violence does not involve a
series of relatedcrimes or a series of related acts of
domestic violenceand when the act of violence was committed,
the victimwas—(i)a
child under 16 years; or(ii)a person over 60
years; or(iii)a person with
impaired capacity.seriousinjurymeansaninjuryinvolving2ormoreofthekinds of injury
mentioned in section 27(1)(a) to (f).very serious
diseasemeans a disease that is life
threatening,and includes human immunodeficiency virus
(HIV).very serious injury—Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Schedule 21Avery serious injuryis—(a)a bodily injury
that—(i)hasresultedinalossofabodilyfunction(includingalossofcapacitytohavechildren),impairmentofabodilyfunction(includingareductionofcapacitytohavechildren), or
disfigurement; and(ii)hasresultedinapermanentandsignificantreductioninqualityoflifeorisotherwisevery serious;
or(b)abodilyinjurythathasresultedinthelossofafoetus; or(c)amentalillnessordisorder,orintellectualimpairment, that
has resulted in a permanent andsignificantreductioninqualityoflifeorisotherwise very serious.2However, a bodily injury mentioned in
paragraph 1(a),or a mental illness or disorder or
intellectual impairmentmentioned in paragraph 1(c), is not a
very serious injuryif the injury, or illness or disorder or
impairment, wouldstop being very serious if it were subjected
to medical orothertreatment,including,forexample,becausethereduction in quality of life is
alleviated.2Amount of special assistanceThe
amount of special assistance payable in relation to an actof
violence is as follows—Act of violencecategory A act of
violencecategory B act of violencecategory C act of violencecategory D act of violenceAmount$10,000$3,500$2,000$1,000Current as at [Not
applicable]Page 191
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Schedule 23Categories of acts of violence(1)Acategory A act
of violenceis an act of violence involvingany
of the following—(a)attempted murder;(b)rape;(c)incestwithapersonundertheageof16orwithanimpaired capacity;(d)maintainingasexualrelationshipwithapersonunderthe
age of 16.(2)Acategory B act
of violenceis an act of violence that is not acategoryAactofviolenceandinvolvesanyofthefollowing—(a)an
attempt to commit a category A act of violence;(b)a
sexual offence;(c)grievous bodily harm;(d)an offence described in the Criminal
Code, section 317;(e)robberywhilearmedorwithpersonalviolenceorincompany;(f)burglary with violence;(g)torture;(h)kidnapping;(i)an
offence described in the Criminal Code, section 316.(3)Acategory C act
of violenceis an act of violence that is not acategoryAorBactofviolenceandinvolvesanyofthefollowing—(a)an
attempt to commit a category B act of violence;(b)seriousassaultasdescribedintheCriminalCode,section 340;(c)robbery;(d)unlawful wounding;Page 192Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Schedule 2(e)assault occasioning bodily harm, including
while armedor in company;(f)an
offence described in the Criminal Code, section 364.(4)Acategory D act
of violenceis an act of violence that is not acategory A, B or C act of violence,
including—(a)an attempt to commit a category C act
of violence; and(b)an act of violence involving any of
the following if theact is not a category A, B or C act of
violence—(i)assault;(ii)unlawful stalking;(iii)deprivation of liberty; and(c)an act of violence that is domestic
violence.4Order of categories of act of
violenceForthisAct,thedescendingorderofcategoriesofactsofviolence is as follows—(a)category A act of violence;(b)category B act of violence;(c)category C act of violence;(d)category D act of violence.Current as at [Not applicable]Page
193
Victims
of Crime Assistance Act 2009Schedule 3Schedule 3DictionaryNotauthorised—indicativeonlysection 4act of
violencesee section 25.administrator, for a person
with impaired capacity, means anadministratorappointedforthepersonundertheGuardianship and Administration Act
2000.amendmentnotice,forchapter3,part15,division2,seesection 106A(2).appealincludes an application for leave to
appeal.applicant, for chapter 3,
means a person who has applied forfinancial
assistance under the scheme.appropriatelyqualified,forfunctionsandpowers,includeshaving the qualifications, experience or
standing appropriateto perform the functions and exercise
the powers.Example of standing—a person’s
classification level in the public serviceapproved
carer, of a child, means—(a)an
approved foster carer under theChild Protection
Act1999,schedule 3,inwhosecarethechildisplacedunder section 82
of that Act; or(b)an approved kinship carer of the child
under theChildProtection Act
1999, schedule 3.assistance, for chapter 3,
means financial assistance under thescheme.category, of an act of
violence, means the category of the actof violence
under schedule 2, section 3.category A act
of violencesee schedule 2, section 3(1).category B act of violencesee
schedule 2, section 3(2).category C act of violencesee
schedule 2, section 3(3).Page 194Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonlycategory D act of violencesee
schedule 2, section 3(4).chief executive (child
protection)means the chief executiveof
the department in which theChild Protection
Act 1999isadministered.chiefexecutive(correctiveservices)meansthechiefexecutive of the
department in which theCorrective ServicesAct
2006is administered.chief executive
(transport)means the chief executive of thedepartmentinwhichtheTransportOperations(RoadUseManagement) Act 1995is
administered.child,otherthaninthedefinitionfamilymember,meansaperson under the age of 18.commencement, for chapter 6,
part 2, see section 150.compensation, for chapter 6,
part 2, see section 150.component,inrelationtofinancialassistancegrantedorpayableunderthescheme,meanstheexpenses,lossofearningsorothercomponentforwhichtheassistanceisgranted or payable.convictinga person
includes a court finding the person guilty,or the person
pleading guilty, whether or not a conviction isrecorded.crime—(a)for chapter 2 and schedule 1AA, see
section 6; or(b)for chapter 3, see section 25A.criminal activitymeans an
activity of a criminal nature.criminalhistory,ofaperson,meanstheperson’scriminalhistory as defined under theCriminal Law (Rehabilitation ofOffenders) Act 1986, other than
spent convictions.departmental employeemeans a public
service employee ofthe department.dependant, of
a person, means—(a)a person who is entirely or
substantially dependant onthe person’s income; orCurrent as at [Not applicable]Page
195
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Schedule 3(b)if
the person has died as a result of an act of violence orcrime—(i)apersonwhowasentirelyorsubstantiallydependant on the
person’s income when the persondied; or(ii)apersonwhowouldhavebeenentirelyorsubstantially dependant on the
person’s income ifthepersonhadnotdied,includingachildoftheperson who is born after the person’s
death.diversionary programmeans—(a)mediationundertheDisputeResolutionCentresAct1990, part 4;
or(b)therestorativejusticeprocessundertheYouthJusticeAct
1992, part 3.domesticviolenceseetheDomesticandFamilyViolenceProtection Act 2012.eligible person, in relation to
an offender, for schedule 1AA,means—(a)iftheoffenderisaprisonerundertheCorrectiveServices Act
2006—an eligible person in relation to theprisoner within the meaning of that Act;
or(b)if the offender is a child detained in
a detention centreunder theYouth Justice
Act 1992—an eligible person inrelation to the
child within the meaning of that Act.enduringpowerofattorneymeansanenduringpowerofattorney under thePowers of
Attorney Act 1998.exceptional circumstances,
for chapter 3, see section 28.family
member, of a person, means—(a)the
person’s spouse; or(b)the person’s child; or(c)the person’s parent or step-parent;
or(d)the person’s brother, sister,
stepbrother or stepsister; orPage 196Current as at [Not applicable]
Victims of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonly(e)apersonwho,underAboriginaltraditionorIslandcustom is
regarded as a person mentioned in paragraph(a), (b), (c) or
(d).funeralexpenseassistance,foranactofviolence,meansfinancialassistanceundertheschemeforfuneralexpensesincurred, or reasonably likely to be
incurred, for the funeral ofa primary victim
of the act of violence.government assessor—(a)generally, means
a government assessor appointed undersection 128;
and(b)for chapter 3, in relation to an
application for financialassistance under the scheme—see
section 30.Note—See also section
127(7).government entitymeans—(a)agovernmententitywithinthemeaninggivenbythePublic Service
Act 2008, section 24; or(b)an
investigatory agency or prosecuting agency.guardian,forapersonwithimpairedcapacity,meansaguardianappointedforthepersonundertheGuardianshipand
Administration Act 2000.harmmeans physical, mental or emotional
harm.health practitionermeans—(a)apersonregisteredundertheHealthPractitionerRegulationNationalLawtopractise,otherthanasastudent, in any
of the following—(i)the chiropractic profession;(ii)the dental
profession as any of the following—(A)dental therapist;(B)dental hygienist;(C)oral
health therapist;(D)dentist;Current as at [Not
applicable]Page 197
Victims
of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonlyPage 198(iii)the
medical profession;(iv)the occupational
therapy profession;(v)the optometry profession;(vi)the osteopathy
profession;(vii) the physiotherapy profession;(viii) the podiatry profession;(ix)the psychology
profession; or(b)apersonwhois eligible forpractisingmembershipofThe
Speech Pathology Association of Australia LimitedACN
008 393 440.impaired capacitysee theGuardianshipandAdministrationAct 2000,
schedule 4.incidental travel, for an injury,
means travel from a person’splace of
residence or place of work to another place, or viceversa—(a)ifthetravelisforobtainingcounsellingservicesormedical treatment for the injury
and—(i)the distance reasonably travelled from
the person’splaceofresidenceorplaceofworktotheotherplace,orviceversa,isatleast20km,andthecounsellingservicesormedicaltreatmentisnotreasonably
available nearer than the other place; or(ii)the
total distance reasonably travelled between theperson’s place
of residence or place of work andthe other place
(in either direction) during a periodof7consecutivedaysis150km,andthecounsellingservicesormedicaltreatmentisnotreasonably
available nearer than the other place; or(b)ifthetravelisforundergoinganexaminationundersection 73andthedistancereasonablytravelledfromthe person’s
place of residence or place of work to theother place, or
vice versa, is at least 20km.incurs, in
relation to expenses, for chapter 3, see section 29.injury—Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Schedule 3(a)for
chapter 3—see section 27; or(b)for
chapter 6, part 2—see section 150.internal review
details, for a decision about a person,
meansthe following—(a)that
the person has a right to have the decision reviewedby
the scheme manager under section 124;(b)how,
and the period within which, the person may applyfor
the review.investigatory agencymeans—(a)the police service; or(b)another department, office or agency
of the State, or astatutory body (other than a court or
judicial tribunal),that has a function to investigate
crimes.lawpracticemeanslawpracticewithinthemeaningoftheLegalProfessionAct2007,schedule 2,definitionlawpractice, paragraph
(b).legalcostsmeansamountsapersonhasbeenormaybechargedby,orisormaybecomeliabletopayto,alawpractice for the provision of legal
services including—(a)interest on the amounts; and(b)disbursements other than for obtaining
a report from acounsellor or health practitioner;
and(c)interest on disbursements other than
disbursements forobtainingareportfromacounsellororhealthpractitioner.less serious act
of violencemeans an act of violence that isnot
a more serious act of violence.medical
treatmentincludes—(a)treatment by a health practitioner;
and(b)treatment received in a
hospital.mental illness or disordermeans an illness or disorder that isof a
cognitive, neurological or psychiatric nature.Current as at [Not
applicable]Page 199
Victims
of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonlyPage 200moreseriousactofviolencemeansanactofviolenceinvolvingmurder,unlawfulstrikingcausingdeath,manslaughter or
dangerous driving causing death.motor accident
claimmeans a motor vehicle accident claimunder theMotor Accident
Insurance Act 1994.NIISQActmeanstheNationalInjuryInsuranceScheme(Queensland) Act 2016.NIISQ applicationsee section
36G.non-governmententitymeansanentityfundedbytheCommonwealth or
State to provide a service to help victimsas its primary
function.notice, other than in
chapter 2, means written notice.officialmeans—(a)the
chief executive; or(b)the scheme manager; or(c)a government assessor; or(d)adepartmentalemployeeperformingafunctionorexercising a power under chapter 3;
or(e)the victim services coordinator;
or(f)a person acting under the authority or
direction of thechief executive.parent—1Parent, of
a child, includes—(a)a step-parent of the child; or(b)an approved carer of the child;
or(c)apersoninwhosefavouraparentingorderisinforce under
theFamily Law Act 1975(Cwlth);
or(d)apersonwhootherwisehastherightandresponsibility to make decisions about the
child’sdaily care.2However, a person standing in the place of a
parent of achildonatemporarybasis,orapersongrantedaCurrent as at [Not applicable]
Victims of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonlytemporary order in relation to a child, is
not a parent ofthe child.3Also,parentofachilddoesnotincludethechiefexecutive (child
protection).Note—However, see
section 51(3) for who is the parent of a child formaking an application for financial
assistance under the schemefor the
child.parent secondary victimsee section
26.personal offence, for chapter 6,
part 2, see section 150.policecommissionermeansthecommissionerofthepoliceservice.prescribed offencesee section
25A(3).prescribed personsee section
6A.previousprescribedoffence,forchapter6,part2,seesection 150.primary
victimsee section 26.prosecuting
agencymeans—(a)the
office of the director of public prosecutions; or(b)the police service; or(c)an entity authorised to bring
proceedings for an offenceagainst an Act.prosecutor, for an
offence, means—(a)the director of public prosecutions;
or(b)apersonprosecutingtheoffenceonbehalfofthedirector of public prosecutions;
or(c)a police prosecutor prosecuting the
offence.QCAT information noticemeans a notice
complying with theQCAT Act, section 157(2).reasonablecounsellingexpensesmeansexpensesforcounselling services that are
reasonable, having regard to thetable of
costs.Current as at [Not applicable]Page
201
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Schedule 3reasonableincidentaltravelexpensesmeansexpensesforincidentaltravelforaninjurythatarereasonable,havingregard to the table of costs.reasonablemedicalexpensesmeansexpensesformedicaltreatment or
ambulance services that are reasonable, havingregard to the
table of costs.reasonable report expensesmeans expenses for obtaining areportfromacounsellororhealthpractitionerthatarereasonable, having regard to the table
of costs.reasonablymeansongroundsthatarereasonableinthecircumstances.related
victimsee section 26.relevant
entitysee section 20(1).relevant
event, for chapter 6, part 2, see section
150.relevantoffence,foranactofviolence,meansanoffencearising out of
substantially the same facts and circumstancesas those
constituting the act of violence.relevant
payment, for an act of violence—(a)means any payment made or to be made
to a person inrelationtotheactofviolencewhetherasdamages,compensation,restitution,financialassistance,rebate,superannuation benefit, payment of an
insurance claim,or otherwise; and(b)includes an amount paid or payable in
relation to the actof violence under—(i)theMotor Accident Insurance Act
1994; or(ii)thePoliceServiceAdministrationAct1990,section 10.8; or(iii)theWorkers’ Compensation Act;
or(iv)a scheme or
arrangement under another Act or law,including an Act
that has been repealed and a lawof the
Commonwealth, another State or a foreigncountry;
orPage 202Current as at
[Not applicable]
Victims of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonly(v)theCorrectiveServicesAct2006,chapter6,part12B; or(vi)theHealth Insurance Act 1973(Cwlth), part 2; or(vii) a
superannuation scheme; or(viii) aninsurancepolicy,including,forexample,lifeinsurance and private health insurance;
or(ix)anagreementreachedfollowingmediationundertheDispute Resolution Centres Act 1990between aperson who
allegedly committed a relevant offencefor an act of
violence and a victim of the act; and(c)alsoincludesanamountpaidorpayableundertheNIISQAct,foraperson’streatment,careorsupportneeds resulting
from the act of violence—(i)that is funded
under the scheme; or(ii)for an expense
incurred for the person’s treatment,care or
support.relevant person—1Therelevant
personfor giving consent in relation to anapplicant for financial assistance under the
scheme is—(a)generally—the applicant; or(b)forachild,iftheapplicationwasmadeundersection 51(2)(a) or (c)—the child’s parent;
or(c)for an adult with impaired capacity
for giving theconsent—(i)if
the adult has a guardian—the guardian; or(ii)if
the adult does not have a guardian but hasan
administrator—the administrator; or(iii)if
the adult does not have a guardian or anadministrator—an
attorney appointed by theadultunderanenduringpowerofattorney;or(iv)if the adult
does not have a guardian or anadministrator
and has not appointed a personCurrent as at [Not
applicable]Page 203
Victims
of Crime Assistance Act 2009Schedule 3Notauthorised—indicativeonlyPage 204underanenduringpowerofattorney—amember of the
adult’s support network.2For paragraph
1(b)—(a)if a person is granted guardianship of
a child undera child protection order under theChild ProtectionAct 1999—the
reference to the child’s parent in theparagraph is
taken to be a reference to that person;and(b)if a person has the right and
responsibility to makedecisionsaboutachild’sdailycareunderadecision or order of a federal court
or a court of aState, other than a temporary order—the
referenceto the child’s parent in the paragraph is
taken to bea reference to that person.relevant subrogation provision,
for chapter 6, part 2, division9, subdivision
2, see section 186.repealed Act, for chapter 6,
part 2, see section 150.repealedCriminalCodechapter,forchapter6,part2,seesection 150.repealed
legislation, for chapter 6, part 2, see section
150.response period, for chapter 3,
part 15, division 2, see section106A(2)(c).scheme
manager—(a)generally,meansthemanagerofvictimsassistanceappointed under
section 127; or(b)for chapter 3, part 15, division 2,
see section 106.secondary victimsee section
26.sentencing courtmeans a court
before which an offender issentenced.series of
related acts of domestic violencesee section
25B(3).series of related crimessee section
25B(1).sexualoffencemeansanoffenceofasexualnature,andincludes the following—Current as at [Not applicable]
Notauthorised—indicativeonlyVictims of Crime Assistance Act 2009Schedule 3(a)rape;(b)assault with intent to commit rape;(c)an offence against the Criminal Code,
section 352.specialassistance,inrelationtoanactofviolence,meansspecialassistanceoftheamountstatedinschedule 2,section 1 for
the act.spent convictionmeans a
conviction—(a)for which the rehabilitation period
under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expiredunder that Act; and(b)thatisnotrevivedasprescribedbysection 11ofthatAct.SPER
registrarmeans the registrar under theState PenaltiesEnforcement Act
1999.table of costssee section
132.temporary ordermeans—(a)atemporaryassessmentorderoracourtassessmentorder under
theChild Protection Act 1999;
or(b)anorderofacourtofanotherStatethatisofsimilarnature to an
order mentioned in paragraph (a).theschememeanstheschemeforthegrantoffinancialassistance under
chapter 3.trialincludes a
proceeding in which a person is sentenced.uncounted
relevant payment, for chapter 3, part 15, division2,
see section 106.victim—(a)generally—see section 5; or(b)forchapter3—meansaprimaryvictim,secondaryvictim or
related victim of an act of violence.victimassistance,foranactofviolence,meansfinancialassistanceundertheschemeforapersonintheperson’sCurrent as at [Not
applicable]Page 205
Notauthorised—indicativeonlyVictims of Crime Assistance Act
2009Schedule 3capacityasaprimaryvictim,secondaryvictimorrelatedvictim of the
act of violence.victims assistance unitmeans the unit
of the department inwhich the scheme is
administered.victims chartersee section
6B.victimservicescoordinatormeansthevictimservicescoordinator appointed under section
138.witness, an act of
violence or crime, includes hearing the actor crime being
committed.witness secondary victimsee section
26.Workers’CompensationActmeanstheWorkers’Compensation and
Rehabilitation Act 2003.workers’
compensation applicationmeans an application forcompensation under the Workers’ Compensation
Act.Page 206Current as at
[Not applicable]