Criminal Offence Victims Act 1995

Queensland Criminal Offence Victims Act 1995 Reprinted as in force on 28 September 2007 Reprint No. 3A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 35 s 149

Information about this reprint This Act is reprinted as at 28 September 2007. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Criminal Offence Victims Act 1995 Contents Part 1 1 2 3 Part 2 Division 1 4 5 Division 2 6 7 8 9 10 11 12 13 14 15 16 17 18 Part 3 Division 1 19 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Fundamental principles of justice for victims of crime Explanatory provisions Reasons for declaration and its effect . . . . . . . . . . . . . . . . . . . . . 6 Who is a victim under the declaration . . . . . . . . . . . . . . . . . . . . . 7 Declaration of fundamental principles Fair and dignified treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Access to justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Guidelines to help response to victims. . . . . . . . . . . . . . . . . . . . . 8 Information to be provided to victim about crime prevention methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Privacy of victim to be protected and property returned. . . . . . . . 8 Victim’s version of events to be reported as soon as reasonably possible after crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Protection from violence and intimidation from accused person . 9 Welfare of victim to be considered . . . . . . . . . . . . . . . . . . . . . . . . 9 Information during sentencing of impact of crime on victim . . . . . 10 Information about investigation and prosecution of offender . . . . 10 Victim to be advised on role as witness . . . . . . . . . . . . . . . . . . . . 12 Information about services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Information about compensation or restitution . . . . . . . . . . . . . . . 12 Compensation for personal injury from indictable offences Explanation Scheme for compensation for injury, death and expenses from indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

20 21 22 23 Division 2 24 25 26 27 28 29 30 31 Division 3 32 33 34 35 36 37 38 39 Division 4 40 41 Part 4 42 43 44 2 Criminal Offence Victims Act 1995 Meaning of injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of personal offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relationship of compensation under this part to rights under common law or otherwise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payments by State are ex gratia. . . . . . . . . . . . . . . . . . . . . . . . . . Application to a court Court may make an order compensating someone injured by personal offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What amount may be required to be paid under a compensation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When single or multiple compensation orders may be made. . . . Order for repayment of amounts paid by State under division 3 . Provisions about the convicted person. . . . . . . . . . . . . . . . . . . . . Compensation or repayment orders are not part of a sentence of a convicted person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application proceeding is civil and strict evidence rules need not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No cost orders on application. . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to the government Application for payment by State of amount of unsatisfied compensation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for payment by State of compensation for injury from personal offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to State for payment for injury suffered when helping a police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to State for payments about someone’s murder or manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How applications are processed . . . . . . . . . . . . . . . . . . . . . . . . . Payment from consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . State’s subrogation rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Governor in Council may delegate . . . . . . . . . . . . . . . . . . . . . . . . Time within which applications must be made Time within which applications for compensation must be made. Order for extension of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 14 15 15 15 16 18 19 19 19 20 20 20 21 22 23 24 24 25 25 26 27 27 27

3 Criminal Offence Victims Act 1995 Part 5 46 Schedule 1 Schedule 3 Transitional Application of Act to previous acts and to subsequent acts and events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 30 32 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 36 36 37 37 39

s1 5 s3 Criminal Offence Victims Act 1995 Criminal Offence Victims Act 1995 [as amended by all amendments that commenced on or before 28 September 2007] An Act to establish principles of justice for victims of criminal offences, and to make provision for the payment of compensation to them Part 1 Preliminary 1 Short title This Act may be cited as the Criminal Offence Victims Act 1995 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Definitions—the dictionary The dictionary in schedule 3 defines particular words used in this Act.

s4 6 s4 Criminal Offence Victims Act 1995 Part 2 Fundamental principles of justice for victims of crime Division 1 Explanatory provisions 4 Reasons for declaration and its effect (1) The need for the declaration set out in this part arises out of national and international concern about the position of the victims of crime in the justice system. (2) The purpose of the declaration is to advance the interests of victims of crime by stating some fundamental principles of justice that should be observed in dealings with victims of crime. (3) The declaration is a way of informing victims of crime, in an easily understood way, of the principles they can expect will underlie the treatment given to them by public officials. (4) It is immaterial to the declaration whether an offender has been identified, arrested, prosecuted or convicted. (5) The declaration and guidelines made under the declaration— (a) are not enforceable by criminal or civil redress; and (b) do not affect the validity, or provide grounds for review, of anything done or not done, or a decision made or not made, in contravention of them; and (c) do not override the Criminal Practice Rules 1999 or the rules of evidence in a criminal proceeding. (6) However, Parliament encourages victims of crime to assert the principles in ways that do not involve legal process or proceedings. (7) Also, public officials and entities are authorised to have regard to the declaration and guidelines and are urged to do so to the extent that it is— (a) within or relevant to their functions; and (b) practicable for them to do so.

s5 7 s6 Criminal Offence Victims Act 1995 (8) Subsection (5) does not prevent disciplinary action 1 being taken against a public official who contravenes a requirement imposed on the official under— (a) a direction given to the official by someone authorised to give directions to the official; or (b) a standard, rule, or other statutory instrument, including any of the guidelines, binding on the official. (9) Subsection (7) does not affect a confidentiality obligation of a public official. 5 Who is a victim under the declaration A victim is a person who has suffered harm from a violation of the State’s criminal laws— (a) because a crime is committed that involves violence committed against the person in a direct way; or (b) because the person is a member of the immediate family of, or is a dependant of, a victim mentioned in paragraph (a); or (c) because the person has directly suffered the harm in intervening to help a victim mentioned in paragraph (a). Division 2 Declaration of fundamental principles 6 Fair and dignified treatment A victim should be treated— (a) with courtesy, compassion and respect for personal dignity; and (b) in a way that is responsive to age, gender, ethnic, cultural and linguistic differences or disability or other special need. 1 For an example of disciplinary action, see the Police Service Administration Act 1990 , section 7.4 (Disciplinary action).

s 7 8 s 10 Criminal Offence Victims Act 1995 7 Access to justice A victim should be given access to the State’s system of justice. 8 Guidelines to help response to victims (1) The responsiveness of public officials dealing with victims should be helped by providing appropriate guidelines for putting these principles into effect. (2) The guidelines should be provided by the public official or entity ordinarily responsible for guiding the conduct of the public officials. 9 Information to be provided to victim about crime prevention methods A victim should be given, on request, information about ways to prevent crime. Example — The department in which the Local Government Act 1993 is administered conducts a home secure program that advises home owners about ways to secure their homes. 10 Privacy of victim to be protected and property returned (1) A victim’s privacy should be protected. (2) A victim’s property that is held for an investigation or as evidence should be returned to the victim as soon as reasonably possible. (3) Inconvenience to a victim should be minimised. (4) A law enforcement officer should inform a victim of the following provisions, if it would help a victim to have the benefit of the principles mentioned in subsections (1) to (3)— (a) Criminal Practice Rules 1999 , rule 55; 2 2 Criminal Practice Rules 1999 , rule 55 (Custody of exhibits)

s 11 9 s 13 Criminal Offence Victims Act 1995 (b) Justices Act 1886 , section 39; 3 (c) Bail Act 1980 , section 16. 4 11 Victim’s version of events to be reported as soon as reasonably possible after crime A law enforcement officer investigating a crime should make a report of a victim’s version of the circumstances as soon as reasonably possible after the crime happens. 12 Protection from violence and intimidation from accused person (1) A victim should be afforded all necessary protection from violence and intimidation by a person accused of a crime against the victim. (2) A law enforcement officer should inform a victim of the following provisions, if it would help the victim to have the benefit of the principles mentioned in subsection (1)— (a) Bail Act 1980 , section 16; (b) Criminal Code, section 695A; 5 (c) Criminal Law (Sexual Offences) Act 1978 , sections 5 and 6; 6 (d) Evidence Act 1977 , section 21A. 7 13 Welfare of victim to be considered The welfare of the victim should be considered at all appropriate stages of the investigation and prosecution of a crime, without prejudice to anyone who is being investigated for the crime or who has been charged with the crime. 3 Justices Act 1886 , section 39 (Power of court to order delivery of certain property) 4 Bail Act 1980 , section 16 (Refusal of bail) 5 Criminal Code, section 695A (Power to protect victim of violence by prohibiting publication of information about proceedings) 6 Criminal Law (Sexual Offences) Act 1978 , sections 5 (Exclusion of public) and 6 (Publication at large of complainant’s identity prohibited) 7 Evidence Act 1977 , section 21A (Evidence of special witnesses)

s 14 10 s 15 Criminal Offence Victims Act 1995 14 Information during sentencing of impact of crime on victim (1) At the sentencing of an offender for a crime, the prosecutor should inform the sentencing court of appropriate details of the harm caused to a victim by the crime. (2) In deciding what details are not appropriate, the prosecutor may have regard to the victim’s wishes. (3) However— (a) it is not mandatory for a victim to give the prosecutor details of the harm caused to the victim by the crime; and (b) the fact that details of the harm caused to a victim by the crime are absent at the sentencing does not of itself give rise to an inference that the crime caused little or no harm to the victim. (4) A prosecutor should ensure the sentencing court has regard to the following provisions, if it would help the victim to have the benefit of the principle mentioned in subsection (1)— (a) Penalties and Sentences Act 1992 , section 9(2)(c); 8 (b) Juvenile Justice Act 1992 , section 150(1)(h). 9 15 Information about investigation and prosecution of offender (1) A victim of a crime should, on request, be advised by a law enforcement officer of the following— (a) the progress of investigations being conducted about the crime, unless disclosure is likely to jeopardise the investigation; (b) the charges laid for the crime and details of the place and date of hearing of the proceeding for the charge; (c) the name of the person charged; 8 Penalties and Sentences Act 1992 , section 9 (Sentencing guidelines) 9 Juvenile Justice Act 1992 , section 150 (Sentencing principles)

s 15 11 s 15 Criminal Offence Victims Act 1995 (d) the reasons for anyone’s decision not to proceed with the charge or to amend the charge or to accept a plea to a lesser charge; (e) if the charged person is released on bail or otherwise before the proceeding on the charge is finished—the arrangements made for the release, including any condition and any application for variation of the condition that may affect the victim’s safety or welfare; (f) the outcome of any proceeding, including appeals. (2) A victim of a crime involving personal violence, or any person in relation to whom a sexual crime has been committed, should also, on request, be advised by a law enforcement officer of the following— (a) the fact that the alleged offender has absconded before trial; (b) the date of the start and length of sentence imposed on the offender; (c) further cumulative sentences imposed on the offender while in custody for the offence; (d) the fact that the offender has escaped from custody while under sentence; (e) eligibility dates for the offender to have staged release into the community, parole and final discharge for the sentence for the offence; (f) the fact that the offender has been transferred interstate or overseas under a scheme for the transfer of persons imprisoned or detained under sentence. (4) A law enforcement officer should inform a victim of the following provisions, if it would help the victim to have the benefit of the principles mentioned in subsection (1)— (a) Corrective Services Act 2006 , chapter 5, part 1; 10 10 Corrective Services Act 2006 , chapter 5 (Parole), part 1 (Parole orders)

s 16 12 s 18 Criminal Offence Victims Act 1995 (b) Penalties and Sentences Act 1992 , sections 160B to 160D; 11 (c) Juvenile Justice Act 1992 , section 227. 12 16 Victim to be advised on role as witness A victim of a crime who is a witness in the trial for the crime should be informed by the prosecution about the trial process and the victim’s role as a prosecution witness. 17 Information about services (1) A victim should have access to information about available welfare, health, counselling, medical and legal help responsive to their needs. (2) A victim should have access to information about victim-offender conferencing services. Example of subsection (2) — The department’s division of alternative dispute resolution conducts a victims of crime mediation and support system that includes victim-offender conferencing services. Victims should have access to information about this service. 18 Information about compensation or restitution (1) A victim of a crime should have access to information about how the victim may obtain compensation or restitution for injury, loss or damage caused to the victim by the crime. (2) A victim of crime is entitled, on request, to have relevant information provided by the victim placed before the court by the prosecutor in an application for an order for compensation or restitution for injury or for loss of, or damage to, property caused by the crime. 11 Penalties and Sentences Act 1992 , sections 160B to 160D provide for the fixing of a parole date for the offender by the court. 12 Juvenile Justice Act 1992 , section 227 (Release of child after service of period of detention)

s 19 13 s 19 Criminal Offence Victims Act 1995 (3) A prosecutor should inform a victim of the following provisions, if it would help the victim to have the benefit of the principles mentioned in subsection (1)— (a) part 3; (b) Penalties and Sentences Act 1992 , sections 9(2)(e) and 35; 13 (c) Juvenile Justice Act 1992 , section 235. 14 (4) If compensation for injury caused to a victim by a crime against the victim’s person cannot be obtained from the offender or other sources, the victim should have recourse to a criminal injuries compensation scheme provided by the State. Part 3 Compensation for personal injury from indictable offences Division 1 Explanation 19 Scheme for compensation for injury, death and expenses from indictable offence (1) This part establishes a scheme for the payment of compensation to a person (the applicant )— (a) for injury suffered by the applicant caused by a personal offence committed against the applicant; or (b) for the death of someone on whom the applicant was dependent, caused in circumstances constituting murder or manslaughter; or (c) for funeral or other expenses from the death of a member of the applicant’s family, caused in circumstances constituting murder or manslaughter; or 13 Penalties and Sentences Act 1992 , sections 9 (Sentencing guidelines) and 35 (Order for restitution or compensation) 14 Juvenile Justice Act 1992 , section 235 (Restitution, compensation)

s 20 14 s 22 Criminal Offence Victims Act 1995 (d) for injury suffered when helping a police officer to make an arrest or prevent an offence. (2) The part does not allow anyone to apply to a court or to the State for the payment of an amount for— (a) injury caused to the applicant by an offence to which the applicant was a party; or (b) an unlawful killing to which the applicant was a party. 20 Meaning of injury Injury is bodily injury, mental or nervous shock, pregnancy or any injury specified in the compensation table or prescribed under a regulation. 21 Meaning of personal offence A personal offence is an indictable offence committed against the person of someone. 22 Relationship of compensation under this part to rights under common law or otherwise (1) A right, entitlement or remedy under this part is in addition to, does not limit, and is not in substitution for, any right, entitlement or remedy under common law or otherwise. (2) Subsection (1) is subject to section 38. 15 (3) Compensation provided to an applicant under this part is intended to help the applicant and is not intended to reflect the compensation to which the applicant may be entitled under common law or otherwise. (4) The maximum amount of compensation provided under this part is reserved for the most serious cases and the amounts provided in other cases are intended to be scaled according to their seriousness. 15 Section 38 (State’s subrogation rights)

s 23 15 s 25 Criminal Offence Victims Act 1995 23 Payments by State are ex gratia Payments made by the State under this part are made even though the State has no obligation to make the payments. Division 2 Application to a court 24 Court may make an order compensating someone injured by personal offence (1) This section applies if someone (the convicted person )— (a) is convicted on indictment of a personal offence; or (b) is convicted on indictment and a personal offence is taken into account on sentence. (2) The person against whom the personal offence is committed may apply to the court before which the person is convicted for an order that the convicted person pay compensation to the applicant for the injury suffered by the applicant because of the offence. (3) The court may make an order (a compensation order ) for an amount to be paid by the convicted person to the applicant because of the injury. 25 What amount may be required to be paid under a compensation order (1) In making a compensation order, a court is limited to ordering the payment of an amount decided under this section. (2) A compensation order may only order the payment to the applicant of a total amount of not more than the prescribed amount (the scheme maximum ). (3) If more than 1 amount is payable under subsections (4) to (6), the amounts must be added together, and, if the total is more than the scheme maximum, only the scheme maximum may be ordered to be paid. (4) In deciding the amount that should be ordered to be paid for an injury specified in the compensation table, the court is limited to making an order for—

s 26 16 s 26 Criminal Offence Victims Act 1995 (a) if there is only 1 percentage listed opposite the injury—an amount up to the amount that is the listed percentage of the scheme maximum; or (b) if there is a range of percentages listed opposite the injury—an amount that is within the listed range of percentages of the scheme maximum. (5) In deciding the amount that should be ordered to be paid for an injury specified under a regulation, the court is limited to making an order for the prescribed amount. (6) In deciding the amount that should be ordered to be paid for an injury to which subsections (4) and (5) do not apply, the court must decide the amount by— (a) comparing the injury with injuries to which subsections (4) and (5) apply; and (b) having regard to the amounts that may be ordered to be paid for those injuries. (7) In deciding whether an amount, or what amount, should be ordered to be paid for an injury, the court must have regard to everything relevant, including, for example, any behaviour of the applicant that directly or indirectly contributed to the injury. (8) A decision on the amount that should be ordered to be paid under a compensation order— (a) does not involve applying principles used to decide common law damages for personal injuries; and (b) is to be decided by applying the principles mentioned in section 22(3) and (4). 16 26 When single or multiple compensation orders may be made (1) The purpose of this section is to ensure that, for applications, harm that substantially should be treated as a single state of 16 Section 22 (Relationship of compensation under this part to rights under common law or otherwise)

s 26 17 s 26 Criminal Offence Victims Act 1995 injury is treated as a single injury, even though it may consist of more than 1 injury or be caused by more than 1 incident. (2) The objective is to ensure that the way in which incidents of personal offences happen or personal offences are prosecuted does not cause— (a) inequity of treatment between applicants; or (b) an unjustifiable multiplicity of applications to the State under division 3 about substantially the same harm. (3) Subject to subsections (7) and (8), only 1 compensation order may be made in favour of an applicant because of— (a) injury suffered from a substantially single incident, whether consisting of 1 or more than 1 personal offence; or (b) a substantially single state of injury suffered from a series of incidents of personal offences. (4) In deciding whether an applicant has suffered a substantially single state of injury, the court may have regard to the following— (a) the applicant’s injuries; (b) the time over which the injuries were caused; (c) the similarity of, or connection between, the injuries; (d) the similarity of, or connection between, the events that caused the injury; (e) anything else that is relevant. (5) A single compensation order may be made against more than 1 convicted person. (6) If a single compensation order is made against more than 1 convicted person, the order may provide for— (a) separate liability of a convicted person scaled according to the person’s direct and material contribution to the injury; or (b) joint liability of more than 1 convicted person for an amount payable under the order; or

s 27 18 s 27 Criminal Offence Victims Act 1995 (c) both the separate liability mentioned in paragraph (a) for an amount and joint liability for the amount. (7) Without limiting subsection (5), if each of more than 1 convicted person directly and materially contributed to injury mentioned in subsection (3)(a) and (b), a court may make a compensation order against each of more than 1 of the convicted persons. (8) If compensation orders are made against more than 1 convicted person under subsection (7)— (a) the total amount payable under all the orders must not be more than the scheme maximum; and (b) the orders— (i) must provide for separate liability for each of the convicted persons for an amount scaled according to the convicted person’s contribution to the injury; and (ii) may also provide for joint liability of more than 1 convicted person for an amount for which a convicted person is separately liable. (9) To remove doubt, section 25 17 is declared to apply to compensation orders mentioned in subsections (5) and (7), subject to subsection (8)(a). 27 Order for repayment of amounts paid by State under division 3 (1) This section applies if— (a) the State decides to pay anyone an amount under section 35 18 about someone’s murder or manslaughter; and (b) anyone is convicted of the murder or manslaughter. (2) On the State’s application, the court before which the person is convicted may make an order (a repayment order ) requiring the convicted person to pay to the State an amount 17 Section 25 (What amount may be required to be paid under a compensation order) 18 Section 35 (Application to State for payments about someone’s murder or manslaughter)

s 28 19 s 30 Criminal Offence Victims Act 1995 up to the amount paid or to be paid by the State under section 35. 28 Provisions about the convicted person (1) Before an application to a court for a compensation or repayment order against a convicted person is decided, the convicted person must be notified of the application. (2) If money belonging to the convicted person has come into the possession of a police officer or the court during the investigation or proceedings for the relevant offence, the court may order it to be applied towards the payment of an amount owing under the compensation or repayment order. (3) A compensation or repayment order made against the convicted person may be enforced as a judgement of the court in its civil jurisdiction. 29 Compensation or repayment orders are not part of a sentence of a convicted person A compensation or repayment order made by a court against a convicted person— (a) is in addition to any other sentence or order the court may make against the person; and (b) is not, for any purpose, to be taken to be part of a sentence passed against the person. 30 Application proceeding is civil and strict evidence rules need not apply (1) A proceeding on an application to a court for a compensation or repayment order is a civil proceeding. (2) Without limiting subsection (1), issues of fact on the application must be decided on the balance of probabilities. (3) On an application, the court may receive information in any form the court considers appropriate. Example — The court may decide to receive information about an applicant’s medical condition in the form of a medical report produced and tendered

s 31 20 s 33 Criminal Offence Victims Act 1995 by the applicant, the prosecutor for the convicted person’s trial (if the application is made at the time of the trial), or the applicant’s lawyer. 31 No cost orders on application A court is unable to make an order for the payment of costs of an application for a compensation or repayment order. Division 3 Application to the government 32 Application for payment by State of amount of unsatisfied compensation order (1) A person entitled to be paid an amount under a compensation order may make an application for the State to pay all or part of the amount to the applicant. (2) The State may pay to the applicant all or part of the amount requested. 33 Application for payment by State of compensation for injury from personal offence (1) This section applies to anyone who has suffered injury because of any of the following acts committed against the person— (a) an act for which someone has been tried on indictment for a personal offence, but found not guilty because the charged person was of unsound mind when doing the act; (b) an act for which someone would have been tried on indictment for a personal offence, but for the fact that the person— (i) has been found to have been suffering from unsoundness of mind when doing the act, or not fit for trial, under the Mental Health Act 2000 , chapter

s 34 21 s 34 Criminal Offence Victims Act 1995 7, part 6; 19 or (ii) is not criminally responsible for the act because the person was under 10 years when doing the act; (c) a personal offence for which someone would have been tried on indictment, but for the fact that the person cannot be identified or found after appropriate inquiry and search. (2) The person may make an application for payment of an amount by the State for the injury. (3) An applicant relying on an offence mentioned in subsection (1)(c), if the person who did the act was never charged because the person was never identified or found, must show that the act was reported, as soon as possible having regard to all the circumstances, to— (a) a police officer; or (b) for a sexual offence—a police officer, doctor or an appropriate agency. Example of an appropriate agency — a report by a rape victim to a community centre that generally gives help to victims of rape (4) The State may pay all or part of the amount requested up to the amount that could have been ordered to be paid to the applicant under a compensation order if the person who committed the act or offence were convicted on indictment of the act or offence. 34 Application to State for payment for injury suffered when helping a police officer (1) This section applies if anyone suffers an injury when helping a police officer to make, or attempt to make, an arrest, or to prevent, or attempt to prevent, an offence or suspected offence. 19 Mental Health Act 2000 , chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court)

s 35 22 s 35 Criminal Offence Victims Act 1995 (2) The person may make an application for payment of an amount by the State for the injury. (3) The State may pay all or part of the amount requested up to the amount that could have been ordered to be paid to the applicant under a compensation order if someone were convicted on indictment of a personal offence causing the injury. 35 Application to State for payments about someone’s murder or manslaughter (1) A person may make an application for payment from the State of an amount mentioned in subsection (2) or (3) if someone dies in circumstances constituting murder or manslaughter. (2) A dependant of the deceased person may apply for payment of— (a) an amount up to the prescribed amount; and (b) an amount up to the prescribed amount for expenses for the deceased person’s funeral; and (c) an amount up to the prescribed amount for other expenses for damage caused in the course of the relevant crime’s commission. (3) A member of the deceased person’s family who was not a dependant of the deceased may apply for a payment of— (a) an amount up to the prescribed amount for expenses for the deceased’s funeral; and (b) an amount up to the prescribed amount for other expenses for damage caused in the course of the relevant crime’s commission. (4) The State may pay all or part of the amount asked for up to the relevant prescribed amount. (5) Payment may be made for someone’s death under only 1 of either subsection (2) or (3), with payment under subsection (2) to have priority over payment under subsection (3). (6) The total of all amounts paid for someone’s death under each provision authorising payment of an amount up to a

s 36 23 s 36 Criminal Offence Victims Act 1995 prescribed amount must not be more than that prescribed amount. 36 How applications are processed (1) An application under this division must be made to the Minister in the approved form. (2) The application is to be decided by the Governor in Council. (3) The Governor in Council may approve the payment of an amount only if satisfied that payment is justified in all the circumstances. (4) For all applications, the Governor in Council may have regard to the following— (a) particulars of the application; (b) the circumstances in which the injury, manslaughter or murder happened; (c) anything prescribed under a regulation; (d) anything else the Governor in Council considers appropriate. (5) For applications for injury suffered by the applicant, the Governor in Council may have regard to the following— (a) the terms of any compensation order that may have been made; (b) particulars of the injury; (c) particulars of any medical examination of the applicant carried out about the time of the relevant criminal violence; (d) particulars of any medical examination of the applicant that may have been requested by the Minister; (e) any amounts that the applicant has received, or the Governor in Council considers the applicant would have received, if the applicant had exhausted all relevant rights of action and other legal remedies available to the applicant because of the injury.

s 37 24 s 38 Criminal Offence Victims Act 1995 (6) The Governor in Council may defer a decision on the application until any information mentioned in subsections (4) and (5) is ascertained. (7) A decision of the Governor in Council to approve a payment by the State— (a) must specify the amount; and (b) may state the way the amount is to be paid; and (c) may impose conditions. 37 Payment from consolidated fund (1) An amount paid by the State under this division is to be paid by the Treasurer from the consolidated fund. (2) The amount is declared to be appropriated from the consolidated fund. 38 State’s subrogation rights (1) The State is subrogated, to the extent of any payment made by it, to all the rights and remedies the injured person has for the injury against anyone responsible for the injury. (2) Subsections (3) and (4) apply if— (a) the State decides to pay an amount to an injured person; and (b) the person becomes entitled, whether by a court order or by a compromise of action, to receive an amount for the injury from the person responsible for the injury. (3) The State has a first charge over the amount to the extent of the amount paid to the injured person by the Treasurer. (4) An entitlement the injured person may have to receive further amounts as part of the payment from the State stops unless the Governor in Council otherwise directs. (5) If anyone is convicted on indictment before a court for a personal offence causing the injury, the court may make any order necessary to give effect to the State’s rights under this

s 39 25 s 40 Criminal Offence Victims Act 1995 section, on the State’s application. (6) Subsections (2) to (5) do not limit subsection (1). 39 Governor in Council may delegate The Governor in Council may delegate its power under this division to the Minister. Division 4 Time within which applications must be made 40 Time within which applications for compensation must be made (1) An application to a court for a compensation order against a convicted person must be made— (a) within 3 years after the end of the convicted person’s trial; or (b) if the applicant is a child at the time of the trial—before the end of 3 years after the child becomes an adult; or (c) with the court’s order under section 41—at any other time. Example 1 — G is convicted on indictment of unlawful grievous bodily harm of V. V is a witness at the trial and medical evidence about the harm is presented at the trial. The prosecutor, or V’s lawyer, at the end of G’s sentence, makes an application for a compensation order. The trial court decides the application then. Example 2 — R is convicted on indictment for the rape of V, a young child. The prosecutor at the trial, or another lawyer acting on V’s behalf, makes an application for a compensation order and asks that the application be adjourned to a day to be fixed. The presiding judge makes the order on the basis that, having regard to the age of the child and other relevant circumstances, it is appropriate that the application be decided when the applicant is older.

s 41 26 s 41 Criminal Offence Victims Act 1995 Example 3 — R is convicted before the District Court on indictment for the rape of V, a young child. When V is 19, V applies to the District Court for a compensation order. V has not previously made an application. The District Court accepts and decides the application. (2) An application to the State under section 33, 34 or 35 20 must be made— (a) within 3 years of the time when the relevant event happens; or (b) if the applicant is a child when the relevant event happens—before the end of 3 years after the child becomes an adult; or (c) with the Minister’s order under section 41—at any other time. (3) In this section— relevant event means the act, offence, helping of a police officer, murder or manslaughter to which an application relates. 41 Order for extension of time (1) The Limitation of Actions Act 1974 , sections 30 and 31 21 apply to applications mentioned in section 40(1) and (2) with the intention that, on application— (a) a court may order that the period of limitation under section 40(1) for an application to which the subsection applies be extended under the Limitation of Actions Act 1974 , section 31(2); and 20 Section 33 (Application for payment by State of compensation for injury from personal offence), 34 (Application to State for payment for injury suffered when helping a police officer) or 35 (Application to State for payments about someone’s murder or manslaughter) 21 Limitation of Actions Act 1974 , sections 30 (Interpretation) and 31 (Ordinary actions)

s 42 27 s 44 Criminal Offence Victims Act 1995 (b) the Minister may order that the period of limitation under section 40(2) for an application to which the subsection applies be extended under the Limitation of Actions Act 1974 , section 31(2). (2) The Limitation of Actions Act 1974 , sections 30 and 31 apply— (a) as if the applications mentioned in section 40(1) and (2) were actions for damages for trespass; and (b) with changes under subsection (1) and all other necessary changes. Part 4 Miscellaneous 42 Applications (1) The director of public prosecutions may make an application under section 24 22 for a compensation order for an injured person. (2) The director of public prosecutions may make any application that may be made by the State under this Act. 43 Approval of forms The chief executive may approve forms for use under this Act. 44 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may provide a process for considering or dealing with an application to the State under part 3, division 3. 23 22 Section 24 (Court may make an order compensating someone injured by personal offence) 23 Part 3 (Compensation for personal injury from indictable offences), division 3 (Application to the government)

s 46 28 s 46 Criminal Offence Victims Act 1995 Part 5 Transitional 46 Application of Act to previous acts and to subsequent acts and events (1) Part 3 does not apply to injury suffered by anyone because of an act done before the commencement. (2) If the Criminal Code, chapter 65A 24 would have applied to an injury mentioned in subsection (1) if the chapter had not been omitted, the chapter applies to the injury as if the chapter had not been omitted. (3) Part 3 applies only— (a) for applications under section 24 25 —to injury suffered because of a personal offence mentioned in section 24(1) that happens after the commencement; and (b) for applications under section 33 26 —to injury suffered because of an act or personal offence mentioned in section 33(1) that happens after the commencement; and (c) for applications under section 34 27 —to injury suffered when helping a police officer after the commencement; and (d) for applications under section 35 28 —to an offence of murder or manslaughter that happens after the commencement. (3) In this section— commencement means the commencement of part 3. 24 Criminal Code, chapter 65A (Compensation for injury) 25 Section 24 (Court may make an order compensating someone injured by personal offence) 26 Section 33 (Application for payment by State of compensation for injury from personal offence) 27 Section 34 (Application to State for payment for injury suffered when helping a police officer) 28 Section 35 (Application to State for payments about someone’s murder or manslaughter)

s 46 29 s 46 Criminal Offence Victims Act 1995 Criminal Code means the Criminal Code that is set out in the Criminal Code Act 1899 , schedule 1.

30 Criminal Offence Victims Act 1995 Schedule 1 Compensation table sections 20 and 25(4) Injury Percentage of scheme maximum 1 Bruising/laceration etc. (minor/moderate). . . . 1%–3% 2 Bruising/laceration etc. (severe) . . . . . . . . . . . 3%–5% 3 Fractured nose (no displacement) . . . . . . . . . . 5%–8% 4 Fractured nose (displacement/surgery) . . . . . . 8%–20% 5 Loss or damage of teeth. . . . . . . . . . . . . . . . . . 1%–12% 6 Facial fracture (minor). . . . . . . . . . . . . . . . . . . 8%–14% 7 Facial fracture (moderate) . . . . . . . . . . . . . . . . 14%–20% 8 Facial fracture (severe) . . . . . . . . . . . . . . . . . . 20%–30% 9 Fractured skull/head injury (no brain damage) 5%–15% 10 Fractured skull (brain damage—minor/moderate) 10%–25% 11 Fractured skull (brain damage—severe) . . . . . 25%–100% 12 Fractured collarbone . . . . . . . . . . . . . . . . . . . . 7%–15% 13 Fracture/loss of use of shoulder. . . . . . . . . . . . 8%–23% 14 Fracture/loss of use of hip . . . . . . . . . . . . . . . . 8%–23% 15 Fracture/loss of use of arm/wrist (minor) . . . . 4%–10% 16 Fracture/loss of use of arm/wrist (displaced and immobilised) . . . . . . . . . . . . . . . . . . . . . . . . . . 8%–30% 17 Fracture/loss of use of finger . . . . . . . . . . . . . . 2%–8% 18 Fracture/loss of use of toe/foot (minor/moderate) 2%–5% 19 Fracture/loss of use of leg/ankle (minor/moderate) 4%–10% 20 Fracture/loss of use of leg/ankle (severe) . . . . 8%–25% 21 Neck/back/chest injury (minor) . . . . . . . . . . . . 2%–7% 22 Neck/back/chest injury (moderate) . . . . . . . . . 5%–10% 23 Neck/back/chest injury (severe) . . . . . . . . . . . 8%–40% 24 Gun shot/stab wounds (minor) . . . . . . . . . . . . 6%–10%

31 Criminal Offence Victims Act 1995 Schedule 1 (continued) Injury 25 Gun shot/stab wounds (moderate) . . . . . . . . . . 26 Gun shot/stab wound (severe) . . . . . . . . . . . . . 27 Facial disfigurement or bodily scarring (minor/moderate) . . . . . . . . . . . . . . . . . . . . . . . 28 Facial disfigurement or bodily scarring (severe) 29 Loss of vision (one eye). . . . . . . . . . . . . . . . . . 30 Loss of vision (both eyes) . . . . . . . . . . . . . . . . 31 Mental or nervous shock (minor) . . . . . . . . . . 32 Mental or nervous shock (moderate) . . . . . . . . 33 Mental or nervous shock (severe) . . . . . . . . . . 34 Paraplegia/quadriplegia . . . . . . . . . . . . . . . . . . 35 Loss of hearing (1 ear). . . . . . . . . . . . . . . . . . . 36 Loss of hearing (both ears) . . . . . . . . . . . . . . . Percentage of scheme maximum 8%–16% 15%–40% 2%–10% 10%–30% 70% 100% 2%–10% 10%–20% 20%–34% 100% 2%–20% 4%–50%

32 Criminal Offence Victims Act 1995 Schedule 3 Dictionary section 3 act includes omission. appeals includes applications for leave to appeal. approved form see section 43. civil or criminal redress means a proceeding for the enforcement of a right or obligation, whether the right or obligation is substantive or procedural, direct or indirect. compensation order see section 24(3). compensation table see schedule 1. confidentiality obligation means an obligation to maintain confidentiality about particular information under an Act, oath, or rule of law or practice. convicted means found guilty, or having a plea of guilty accepted, by a court. convicted person for part 3, see section 24(1). court for an application to a court before which a person has been convicted, includes a court of the same court level as that court. court of the same court level — (a) as the Supreme Court—means the Supreme Court at any sittings anywhere; or (b) as a District Court—means any District Court at any sittings anywhere. crime means any indictable offence and, for part 2, includes domestic violence. declaration means the declaration of the principles of justice for victims of crime stated in part 2. dependant , of someone, is a person who is completely or partly financially dependent on the income of the other person.

33 Criminal Offence Victims Act 1995 Schedule 3 (continued) doing an act includes making an omission. domestic violence see the Domestic and Family Violence Protection Act 1989 , section 11(1). 29 grounds for review , of an act or decision, means grounds— (a) allowing the act or decision to be challenged, appealed against, reviewed, quashed or called into question in or by any court or tribunal; or (b) for any injunctive, declaratory or other relief, remedy or order to be asked for or granted whether by way of application under the Judicial Review Act 1991 , prerogative writ or otherwise. guidelines means the guidelines made under the declaration under section 8. harm means physical, mental or emotional harm. injury for part 3, see section 20. injury specified in the compensation table includes any injury substantially similar to an injury specified in the compensation table. injury specified under a regulation includes an injury substantially similar to an injury specified under a regulation. law enforcement agency includes the following— (a) the police service; (b) the office of the director of public prosecutions; (c) any other department, office or agency of the State, or a statutory body (other than a court or judicial tribunal), that has a function to investigate or take action about violations of the State’s criminal laws. 29 Domestic and Family Violence Protection Act 1989 , section 11 (What is domestic violence)

34 Criminal Offence Victims Act 1995 Schedule 3 (continued) law enforcement officer means— (a) a police officer; or (b) a prosecutor in a criminal trial; or (c) an officer of a law enforcement agency; and includes, for section 15(2), a corrective services officer under the Corrective Services Act 2006 . personal offence , for part 3, see section 21. prescribed amount means an amount prescribed under a regulation. public entity means any of the following— (a) a law enforcement agency; (b) a department; (c) the administrative office of a court or tribunal; (d) an entity prescribed under a regulation; but does not include any of the following— (e) a GOC; (f) the following entities within the meaning of the Education (General Provisions) Act 2006— (i) a parents and citizens association; (ii) a non-State school; (iii) an advisory committee; (iv) an international educational institution; (g) an entity prescribed under a regulation. public official means any of the following— (a) a law enforcement officer; (b) an officer or employee of a public entity; (c) a constituent member of a public entity, whether holding office by election or selection; (d) anyone prescribed under a regulation;

35 Criminal Offence Victims Act 1995 Schedule 3 (continued) but does not include any of the following— (e) a judicial officer; (f) anyone prescribed by regulation. repayment order , for part 3, see section 27(2). scheme maximum see section 25(2). sentencing court , for part 2, means a court before which an offender is sentenced. trial includes a proceeding in which a person is sentenced. victim , see section 5. violation of the State’s criminal laws includes domestic violence.

36 Criminal Offence Victims Act 1995 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 28 September 2007. Future amendments of the Criminal Offence Victims Act 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

37 Criminal Offence Victims Act 1995 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 2 2A Amendments to none 1999 Act No. 19 2000 Act No. 43 2000 Act No. 63 2000 Act No. 63 Effective 18 December 1995 1 May 1999 27 October 2000 1 July 2001 28 February 2002 Reprint date 18 December 1995 2 July 1999 10 November 2000 2 November 2001 1 March 2002 Reprint No. 2B 2C 2D rv 2E 2F 3 3A Amendments included 2002 Act No. 23 2002 Act No. 6 1992 Act No. 44 (amd 2002Act No. 39) 2002 Act No. 39 2004 Act No. 43 2006 Act No. 29 2006 Act No. 39 2007 Act No. 37 Effective 19 July 2002 10 March 2003 1 July 2003 3 December 2004 28 August 2006 30 October 2006 28 September 2007 Notes 5 List of legislation Criminal Offence Victims Act 1995 No. 54 date of assent 22 November 1995 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 1995 (1995 SL No. 383) amending legislation— Criminal Code 1995 No. 37 ss 1–2, 458 sch 2 pt 2 (this Act is amended, see amending legislation below) date of assent 16 June 1995 ss 1–2 commenced on date of assent remaining provisions never proclaimed into force and rep 1997 No. 3 s 121 amending legislation— Criminal Offence Victims Act 1995 No. 54 ss 1–2, 45 sch 2 (amends 1995 No. 37 above) date of assent 22 November 1995 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 1995 (1995 SL No. 383)

38 Criminal Offence Victims Act 1995 Corrective Services Legislation Amendment Act 1999 No. 9 pt 1 sch date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 May 1999 (1999 SL No. 72) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 s 1–3 sch date of assent 30 April 1999 commenced on date of assent Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions commenced 28 February 2002 (2002 SL No. 27) Criminal Law Amendment Act 2000 No. 43 pts 1, 5 date of assent 13 October 2000 ss 1–2 commenced on date of assent remaining provisions commenced 27 October 2000 (2000 SL No. 270) Corrective Services Act 2000 No. 63 ss 1, 2(2), 276 sch 2 date of assent 24 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2001 (2001 SL No. 88) Domestic Violence Legislation Amendment Act 2002 No. 6 ss 1–2, 53 sch 2 date of assent 13 March 2002 ss 1–2 commenced on date of assent remaining provisions commenced 10 March 2003 (2003 SL No. 17) Criminal Law Amendment Act 2002 No. 23 ss 1–2(1), (3), 3 sch date of assent 23 May 2002 ss 1–3 commenced on date of assent (see s 2(1)) remaining provisions commenced 19 July 2002 (2002 SL No. 157) Juvenile Justice Amendment Act 2002 No. 39 pts 1, 8 date of assent 29 August 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2002 SL No. 350) Juvenile Justice Act 1992 No. 44 s 341(3) (prev s 262(3)) sch 3 (this Act is amended, see amending legislation below) amending legislation— Juvenile Justice Amendment Act 2002 No. 39 ss 1–2, 115, 118 (amends 1992 No. 44 above) date of assent 29 August 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2003 (2002 SL No. 350) Justice and Other Legislation Amendment Act 2004 No. 43 ss 1–3 sch date of assent 18 November 2004 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2004 (2004 SL No. 263)

39 Criminal Offence Victims Act 1995 Corrective Services Act 2006 No. 29 ss 1, 2(2), 518 sch 3 date of assent 1 June 2006 ss 1–2 commenced on date of assent remaining provisions commenced 28 August 2006 (2006 SL No. 213) Education (General Provisions) Act 2006 No. 39 ss 1, 2(3), 512(1) sch 1 date of assent 11 August 2006 ss 1–2 commenced on date of assent remaining provisions commenced 30 October 2006 (2006 SL No. 247) Justice and Other Legislation Amendment Act 2007 No. 37 ss 1, 162 sch date of assent 29 August 2007 ss 1–2 commenced on date of assent remaining provisions commenced 28 September 2007 (2007 SL No. 241) 6 List of annotations Reasons for declaration and its effect s 4 amd 2004 No. 43 s 3 sch Privacy of victim to be protected and property returned s 10 amd 2002 No. 23 s 3 sch Protection from violence and intimidation from accused person s 12 amd 1995 No. 37 s 458 sch 2 pt 2 (amd 1995 No. 54 s 45 sch 2) rep 1997 No. 3 s 121 Information during sentencing of impact of crime on victim s 14 amd 2000 No. 43 s 41; 2002 No. 39 s 147; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115, 118) Information about investigation and prosecution of offender s 15 amd 2000 No. 63 s 276 sch 2; 2002 No. 39 s 148; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115, 118); 2006 No. 29 s 518 sch 3; 2007 No. 37 s 162 sch Information about services s 17 amd 2004 No. 43 s 3 sch Information about compensation or restitution s 18 amd 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115, 118) Application for payment by State of compensation for injury from personal offence s 33 amd 2000 No. 16 s 590 sch 1 pt 2 Time within which applications for compensation must be made s 40 amd 1999 No. 19 s 3 sch Acts amended in sch 2 s 45 om R1 (see RA s 40) SCHEDULE 2—AMENDMENTS om R1 (see RA s 40)

40 Criminal Offence Victims Act 1995 SCHEDULE 3—DICTIONARY def “domestic violence” amd 2002 No. 6 s 53 sch 2 def “law enforcement officer” amd 1999 No. 9 pt 1 sch; 2000 No. 63 s 276 sch 2; 2006 No. 29 s 518 sch 3 def “public entity” amd 2006 No. 39 s 512(1) sch 1 © State of Queensland 2009