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)