Victims of Crime Assistance Act 2009


Queensland Crest
Victims of Crime Assistance Act 2009
Queensland Victims of Crime Assistance Act 2009 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Revenue and Other Legislation Amendment Bill 2018. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . Some enacted but uncommenced amendments included in the State Penalties Enforcement Amendment Act 2017 No. 13 have also been incorporated in this indicative reprint. Amendments to this Act are also included in the National Redress Scheme for Institutional Child Sexual Abuse (Commonwealth Powers) Bill 2018. These proposed amendments are not included in this indicative reprint. The point-in-time date for this indicative reprint is the introduction date for the Revenue and Other Legislation Amendment Bill 2018—22 August 2018. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.
© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.
Not authorised —indicative only Queensland Victims of Crime Assistance Act 2009 Contents Chapter 1 1 2 3 4 Chapter 2 5 6 6A 6B 6C 7 18 19 20 20A Chapter 3 Part 1 21 22 23 24 Part 2 25 25A Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Charter of victims’ rights Meaning of victim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Meaning of crime for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Meaning of prescribed person . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Charter of victims’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Purposes of victims charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Victims charter does not give legal rights or affect legal rights or obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Conduct to be consistent with victims’ rights . . . . . . . . . . . . . . . . 16 Victim may make complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Dealing with complaint—government entity or non-government entity 17 Dealing with complaint—victim services coordinator . . . . . . . . . 18 Victims financial assistance scheme General Scheme for financial assistance . . . . . . . . . . . . . . . . . . . . . . . . . 18 Other rights etc. not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Assistance for victim available only in 1 capacity . . . . . . . . . . . . 20 Effect of death on eligibility for assistance . . . . . . . . . . . . . . . . . 20 Basic concepts Meaning of act of violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Meaning of crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Victims of Crime Assistance Act 2009 Not authorised —indicative only Contents 25B 26 27 28 29 30 Part 3 31 32 33 34 Part 3A 36A 36B 36C 36D 36E 36F Part 3B 36G 36H 36I 36J Part 4 37 38 39 Part 5 40 41 42 Page 2 Meaning of series of related crimes and series of related acts of domestic violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Who is a primary, secondary, parent secondary, witness secondary or related victim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Meaning of injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 When exceptional circumstances exist . . . . . . . . . . . . . . . . . . . . 25 When person incurs expenses . . . . . . . . . . . . . . . . . . . . . . . . . . 25 References to government assessor . . . . . . . . . . . . . . . . . . . . . . 26 Relationship with workers’ compensation Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Relationship generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 When a person’s workers’ compensation application is finally dealt with 28 Generally workers’ compensation application finally dealt with before victim assistance application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Relationship with Motor Accident Insurance Act 1994 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Making of victim assistance application not affected by motor accident claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 When motor accident claim is finally dealt with . . . . . . . . . . . . . . 31 Requirement to defer decision—motor accident claim not made 32 Requirement to defer decision—motor accident claim made but not finally dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Decision about assistance for counselling expenses . . . . . . . . . 34 Relationship with national injury insurance scheme—motor vehicle accidents Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Making of victim assistance application not affected by application for approval to participate in scheme . . . . . . . . . . . . . . . . . . . . . . . . 36 Deferring decision if NIISQ application not made or not decided 36 Decision about assistance for particular expenses . . . . . . . . . . . 37 Primary victims Eligibility for assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Amount of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Composition of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Parent secondary victims Eligibility for assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Amount of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Composition of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 6 43 44 45 46 Part 7 47 48 49 Part 8 50 Part 9 51 52 54 55 Part 10 56 57 58 Part 11 59 60 61 Part 12 Division 1 62 63 64 65 66 67 67A 67B Victims of Crime Assistance Act 2009 Contents Witness secondary victims Eligibility for assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Amount of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Composition of assistance—witness to more serious act of violence 42 Composition of assistance—witness to less serious act of violence 43 Related victims Eligibility for assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Amount of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Composition of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Person who incurs funeral expenses for primary victim’s funeral Eligibility and assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Applying for victim assistance Who may apply for victim assistance . . . . . . . . . . . . . . . . . . . . . 46 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Time limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Applying for victim assistance and funeral expense assistance together 49 Applying for funeral expense assistance Who may apply for funeral expense assistance . . . . . . . . . . . . . 49 Form of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Time limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Withdrawal, amendment or lapse of applications Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Amendment of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Lapse of application if no contact . . . . . . . . . . . . . . . . . . . . . . . . 51 Considering applications for assistance Considering applications generally Choosing government assessor . . . . . . . . . . . . . . . . . . . . . . . . . 52 General principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Further information, document or consent . . . . . . . . . . . . . . . . . 53 Obtaining information about act of violence from police commissioner 54 Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence . . . . . . . . . . . . . . . . . . . . . 56 Obtaining information about prosecution . . . . . . . . . . . . . . . . . . . 58 Obtaining information about act of violence from court . . . . . . . . 59 Obtaining information about relevant payments from SPER registrar 59 Page 3 Not authorised —indicative only
Victims of Crime Assistance Act 2009 Not authorised —indicative only Contents 68 69 Division 2 70 73 74 75 76 77 Division 3 78 79 80 81 82 Division 4 83 84 84A 84B 84C Division 5 85 86 87 Part 13 Division 1 88 89 90 91 Division 2 92 Confirming release or discharge date . . . . . . . . . . . . . . . . . . . . . 60 Obtaining primary victim’s criminal history from police commissioner 61 Additional provisions about considering applications for victim assistance Deciding applications for series of related crimes or series of related acts of domestic violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Obtaining medical information from designated person . . . . . . . 65 Obtaining information about child’s injuries or needs . . . . . . . . . 66 Obtaining information about person with impaired capacity . . . . 66 Obtaining information about relevant payments . . . . . . . . . . . . . 67 Restrictions on granting assistance Grant only if applicant is eligible . . . . . . . . . . . . . . . . . . . . . . . . . 71 No grant if applicant conspired to commit act of violence . . . . . . 71 No grant to particular persons if primary victim’s activities caused act of violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 No grant if act of violence not reported . . . . . . . . . . . . . . . . . . . . 73 No grant if reasonable assistance not given . . . . . . . . . . . . . . . . 74 Other general provisions about considering applications Dealing with application if applicant has earlier application . . . . 75 Deferring decision if applicant is detained . . . . . . . . . . . . . . . . . . 76 Deferring decision if cause of death unknown . . . . . . . . . . . . . . . 76 Deferring decision if false or misleading information allegedly provided by applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Deferring decision if recovery of assistance granted to someone else is disputed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Working out amount of assistance Deciding amount of assistance generally . . . . . . . . . . . . . . . . . . 79 Reduction if relevant payment received . . . . . . . . . . . . . . . . . . . 80 Deferring decision if victim’s conduct may be relevant . . . . . . . . 81 Granting or refusing assistance Deciding application Inviting submissions from applicant . . . . . . . . . . . . . . . . . . . . . . . 83 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Notice of decision to grant assistance . . . . . . . . . . . . . . . . . . . . . 84 Notice of decision to refuse assistance . . . . . . . . . . . . . . . . . . . . 85 Paying assistance Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Page 4
93 94 95 96 Part 14 97 98 99 100 Part 15 Division 1 101 102 103 104 105 Division 2 106 106A 106B 106C 106D 106E 106F 106G Part 16 107 108 109 110 110A 111 112 113 Victims of Crime Assistance Act 2009 Contents Paying assistance generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Paying assistance to someone else . . . . . . . . . . . . . . . . . . . . . . 86 Paying assistance if applicant liable to pay amount to State . . . . 87 Unpaid assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Interim assistance Application of pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Deciding application for interim assistance . . . . . . . . . . . . . . . . . 89 Steps after application for interim assistance decided . . . . . . . . 90 Effect of decision on general application . . . . . . . . . . . . . . . . . . . 90 Amendment of grants Amendment on application Application for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Person who is to decide application . . . . . . . . . . . . . . . . . . . . . . 92 Considering application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Steps after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Amendment without application—uncounted relevant payments Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Notice proposing to amend grant of assistance . . . . . . . . . . . . . 95 Obtaining information from chief executive (transport) for giving amendment notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Obtaining information for making decision about uncounted relevant payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Decision about receipt of uncounted relevant payment . . . . . . . 98 Amendment of grant of assistance . . . . . . . . . . . . . . . . . . . . . . . 98 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Refund of excess assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Recovering assistance from offender Purpose of pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 References to assistance granted for an act of violence . . . . . . . 100 Recovery available only for assistance that is paid . . . . . . . . . . . 100 Recovery available only after appeal rights exhausted . . . . . . . . 100 Recovery available only if action taken within 6 years . . . . . . . . 100 Recovery limited to category of act of violence for which assistance granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Recovery from multiple offenders . . . . . . . . . . . . . . . . . . . . . . . . 102 Using information obtained for application . . . . . . . . . . . . . . . . . 102 Page 5 Not authorised —indicative only
Victims of Crime Assistance Act 2009 Not authorised —indicative only Contents 114 114A 114B 115 116 117 118 119 120 Part 17 121 122 123 Part 18 124 125 126 Part 19 127 128 129 130 Part 20 131 132 133 134 135 137 Chapter 4 138 139 Chapter 5 140 Page 6 Obtaining information from court . . . . . . . . . . . . . . . . . . . . . . . . . 102 Obtaining information from SPER registrar . . . . . . . . . . . . . . . . . 104 Obtaining information from chief executive (transport) . . . . . . . . 104 Notice of intended recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Disputing claim that conviction relates to act of violence . . . . . . 106 Offender’s liability to pay generally . . . . . . . . . . . . . . . . . . . . . . . 107 Reduction in offender’s liability to pay if assistance refunded . . . 108 Reduction in offender’s liability to pay if amount received under Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Registration of unpaid amount under State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Effect of conviction for fraud offence relating to application Application of pt 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Lapse of application if not decided . . . . . . . . . . . . . . . . . . . . . . . 112 Refund of paid assistance and unpaid assistance stops being payable 112 Internal and external review of decision Internal review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 External review of reviewed decision . . . . . . . . . . . . . . . . . . . . . 114 Effect of reducing amount of assistance . . . . . . . . . . . . . . . . . . . 115 Administration Scheme manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Government assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Delegation by scheme manager . . . . . . . . . . . . . . . . . . . . . . . . . 116 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Miscellaneous Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Table of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Giving information to corresponding scheme managers . . . . . . . 119 Arrangement with corresponding scheme managers about giving and receiving information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Other information-sharing arrangements . . . . . . . . . . . . . . . . . . 121 Inadmissibility of particular matters . . . . . . . . . . . . . . . . . . . . . . . 122 Victim services coordinator Appointment of victim services coordinator . . . . . . . . . . . . . . . . . 123 Functions of victim services coordinator . . . . . . . . . . . . . . . . . . . 123 Miscellaneous Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Victims of Crime Assistance Act 2009 Not authorised —indicative only 140A 141 141A 141B 142 143 145 146 Chapter 6 Part 1 149 Part 2 Division 1 150 151 152 153 Division 2 154 155 156 157 158 Division 3 Subdivision 1 159 160 161 162 Subdivision 2 163 164 165 166 Division 4 Contents Disclosure by scheme manager of information for research purposes 125 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 126 Requirement to notify scheme manager about relevant payment 126 Requirement to comply with mandatory condition . . . . . . . . . . . . 127 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Protection from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Repeal and transitional provisions Repeal provision Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Transitional provisions Preliminary Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 References to person making an application . . . . . . . . . . . . . . . 132 Acts Interpretation Act 1954, s 20 not limited . . . . . . . . . . . . . . . 132 Application of Act to acts done before commencement . . . . . . . 132 Applications that could have been made to a court Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Person may apply for order under repealed legislation in particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Person may apply for assistance . . . . . . . . . . . . . . . . . . . . . . . . 134 Deciding application for assistance etc. . . . . . . . . . . . . . . . . . . . 135 Recovery of assistance granted . . . . . . . . . . . . . . . . . . . . . . . . . 136 Applications that could have been made to the State Applications by persons other than dependants or family members Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Person may apply for assistance . . . . . . . . . . . . . . . . . . . . . . . . 137 Deciding application for assistance etc. . . . . . . . . . . . . . . . . . . . 138 Recovery of assistance granted . . . . . . . . . . . . . . . . . . . . . . . . . 139 Applications by dependants or family members Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Person may apply for assistance . . . . . . . . . . . . . . . . . . . . . . . . 140 Deciding application for assistance etc. . . . . . . . . . . . . . . . . . . . 140 Recovery of assistance granted . . . . . . . . . . . . . . . . . . . . . . . . . 141 Existing applications Page 7
Victims of Crime Assistance Act 2009 Not authorised —indicative only Contents 167 168 169 Division 5 170 171 172 173 174 Division 6 175 176 Division 7 Subdivision 1 177 178 179 Subdivision 2 180 Division 8 181 182 183 Division 9 Subdivision 1 184 Subdivision 2 185 186 187 188 189 Page 8 Existing application for compensation order of court . . . . . . . . . . 141 Existing application for payment of court ordered compensation by the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Existing application for payment of another amount by the State 143 Special provisions if series of related offences Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Personal offences in the series constitute single act of violence 146 Effect of decision under repealed legislation for personal offences in the series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Effect of application under repealed legislation for personal offences in the series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Deciding component of assistance after reduction under s 172 or 173 148 Special provisions if mixed applications Mixed applications by dependants . . . . . . . . . . . . . . . . . . . . . . . 149 Mixed applications by family members . . . . . . . . . . . . . . . . . . . . 150 Extensions of time Persons for whom period for applying under repealed Act has expired Existing applications for extension under repealed Act . . . . . . . . 152 Particular persons may apply for assistance . . . . . . . . . . . . . . . . 153 Particular persons may apply for approval to apply for assistance 155 Persons for whom period for applying under repealed Criminal Code chapter has expired Particular persons may apply for approval to apply for assistance 157 Compensation orders Application of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Compensation order continues . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Limitations about applications to State for payment of amount payable under compensation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Provisions about amounts paid by State under repealed legislation Continuing State’s rights State’s rights in relation to amounts paid continue . . . . . . . . . . . 161 Recovering amount from offender Purpose and application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 161 Definition for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 No recovery if relevant agreement in force . . . . . . . . . . . . . . . . . 163 Recovery limited if amount received as subrogated victim . . . . . 163 Notice of intended recovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
190 191 192 193 194 Division 10 195 Chapter 7 196 Chapter 8 Part 1 197 Part 2 198 Part 3 Division 1 199 Division 2 200 Division 3 201 202 203 204 Division 4 205 206 Division 5 207 208 209 Division 6 Victims of Crime Assistance Act 2009 Contents Disputing amount State may recover . . . . . . . . . . . . . . . . . . . . . 165 Offender’s liability to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Dealing with refundable amount if assistance granted to offender 168 Registration of unpaid amount under State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Obtaining information from court . . . . . . . . . . . . . . . . . . . . . . . . . 171 Other transitional provision References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Validation provision for Health Practitioner Registration and Other Legislation Amendment Act 2013 Definition health practitioner—retrospective operation and validation 173 Transitional provisions for Victims of Crime Assistance and Other Legislation Amendment Act 2017 Preliminary Definitions for chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Victims charter Complaints about prescribed persons and victims charter . . . . . 175 Financial assistance Basic concepts Definition of act of violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Relationship with other legislation New ch 3, pts 3–3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Amount and composition of assistance Other expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Pools of assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Amount of funeral expense assistance . . . . . . . . . . . . . . . . . . . . 177 Series of related acts of domestic violence that started before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Applying for assistance Form of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Extension of time for applying for funeral expense assistance . . 178 Considering applications for assistance Obtaining information etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Reduction if relevant payment received . . . . . . . . . . . . . . . . . . . 179 Deferral if victim’s conduct may be relevant . . . . . . . . . . . . . . . . 179 Deciding applications for assistance Page 9 Not authorised —indicative only
Not authorised —indicative only Victims of Crime Assistance Act 2009 Contents 210 211 Division 7 212 213 214 215 216 217 218 219 Schedule 1AA Schedule 1 Schedule 2 1 2 3 4 Schedule 3 Inviting submissions from applicant . . . . . . . . . . . . . . . . . . . . . . . Mandatory conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions about assistance Interim assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of grant without application . . . . . . . . . . . . . . . . . . . Recovering assistance from offender . . . . . . . . . . . . . . . . . . . . . Effect of conviction for fraud etc. . . . . . . . . . . . . . . . . . . . . . . . . . Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to notify scheme manager about relevant payment Primary victims—special assistance . . . . . . . . . . . . . . . . . . . . . . Charter of victims’ rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amounts and categories for special assistance . . . . . . . . . . Amount of special assistance payable . . . . . . . . . . . . . . . . . . . . Amount of special assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . Categories of acts of violence . . . . . . . . . . . . . . . . . . . . . . . . . . . Order of categories of act of violence . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 179 179 180 180 180 181 181 181 182 183 186 189 189 191 192 193 194 Page 10
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 1 Preliminary [s 1] Victims of Crime Assistance Act 2009 An Act to declare and implement a charter of rights for certain victims and to provide a scheme to give financial assistance to certain victims Chapter 1 Preliminary 1 Short title This Act may be cited as the Victims of Crime Assistance Act 2009 . 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) sections 127, 128, 131 and 138; (b) schedule 3, definitions appropriately qualified , government assessor , scheme manager , the scheme and victims assistance unit . 3 Purposes of Act (1) The purposes of this Act are— (a) to declare a charter of rights for victims; and (b) to provide a mechanism for implementing the rights and processes for making complaints about conduct inconsistent with the rights; and Current as at [Not applicable] Page 11
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 2 Charter of victims’ rights [s 4] (c) to provide a scheme to give financial assistance to certain victims of acts of violence. (2) The objectives of the scheme mentioned in subsection (1)(c) are— (a) to help victims of acts of violence to recover from the acts by giving them financial assistance; and (b) for primary victims, to give the victims amounts representing a symbolic expression by the State of the community’s recognition of the injuries suffered by them; and (c) for related victims who have suffered distress, to give the victims amounts representing a symbolic expression by the State of the community’s recognition of the distress suffered by them; and (d) to add to other services provided by or for government to victims of acts of violence. (3) However, grants of financial assistance (including special assistance and assistance as mentioned in section 49(f)) to victims of acts of violence under the scheme are not intended to reflect the level of compensation to which victims of acts of violence may be entitled at common law or otherwise. 4 Definitions The dictionary in schedule 3 defines particular words used in this Act. Chapter 2 Charter of victims’ rights 5 Meaning of victim (1) A victim is a person who has suffered harm— (a) because a crime is committed against the person; or Page 12 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 2 Charter of victims’ rights [s 6] (b) because the person is a family member or dependant of a person who has died or suffered harm because a crime is committed against that person; or (c) as a direct result of intervening to help a person who has died or suffered harm because a crime is committed against that person. (2) A person who commits a crime against a person as mentioned in subsection (1)(a) is not a victim of the crime under subsection (1)(b) or (c). (3) For sections 18 to 20 and schedule 1AA, part 1, divisions 1 and 3, victim includes a person, other than a person mentioned in subsection (1), who has suffered harm— (a) because domestic violence is committed against the person; or (b) because the person is a family member or dependant of a person mentioned in paragraph (a); or (c) as a direct result of intervening to help a person mentioned in paragraph (a). 6 Meaning of crime for chapter (1) In this chapter and schedule 1AA, crime means an act or omission constituting any of the following offences— (a) an offence against the person of someone; (b) a domestic violence offence within the meaning of the Criminal Code, section 1; (c) an offence against the Domestic and Family Violence Protection Act 2012 , section 177(2), 178(2) or 179(2); (d) an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph (a), (b) or (c). (2) For deciding whether an act or omission constitutes an offence mentioned in subsection (1)(a), (b), (c) or (d)— Current as at [Not applicable] Page 13
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 2 Charter of victims’ rights [s 6A] (a) any justification, excuse or defence a person may have for doing the act or making the omission is to be disregarded; and (b) it does not matter whether the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission. (3) A reference to a justification, excuse or defence in subsection (2)(a) does not include— (a) a matter mentioned in the Criminal Code, section 31(1)(a) or (b); or (b) an authorisation to do an act or make an omission that is provided for under an Act. 6A Meaning of prescribed person (1) Prescribed person means— (a) a government entity; or (b) a non-government entity; or (c) an officer, member or employee of a government entity or non-government entity. (2) However, a person is not a prescribed person if, or to the extent, the person is dealing with a victim in the person’s capacity as a legal representative of a person accused of committing a crime or domestic violence against the victim. 6B Charter of victims’ rights (1) The Charter of Victims’ Rights (the victims charter ) is set out in schedule 1AA. (2) As far as practicable and appropriate, the victims charter is to govern the conduct of prescribed persons in dealing with victims. Page 14 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 2 Charter of victims’ rights [s 6C] Note— See also the principles for victims and others under the Mental Health Act 2016 , section 6. 6C Purposes of victims charter The purposes of the victims charter are to— (a) advance the interests of victims by stating rights that are to be observed by prescribed persons in dealing with victims; and (b) inform victims of the rights the victims can expect will underlie the conduct of prescribed persons in dealing with the victims. 7 Victims charter does not give legal rights or affect legal rights or obligations (1) The rights stated in the victims charter— (a) are not enforceable by criminal or civil redress; and (b) do not affect the validity, or give grounds for review, of anything done or not done, or a decision made or not made, in contravention of them; and (c) do not affect the operation of any other law, including, for example— (i) the Criminal Practice Rules 1999 and the rules of evidence in criminal proceedings; and (ii) the Criminal Code, chapter 62, chapter division 3; and (d) do not affect confidentiality obligations applying to a prescribed person. (2) Subsection (1) does not prevent disciplinary action being taken against a prescribed person who contravenes processes for implementing the rights stated in the victims charter that have been adopted by the government entity or Current as at [Not applicable] Page 15
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 2 Charter of victims’ rights [s 18] non-government entity responsible for the prescribed person’s conduct. (3) In this section— confidentiality obligation means an obligation to maintain confidentiality about particular information under an Act, oath, or rule of law or practice. criminal or civil redress means a proceeding for the enforcement of a right or obligation, whether the right or obligation is substantive or procedural, direct or indirect. 18 Conduct to be consistent with victims’ rights (1) This section applies— (a) if a prescribed person is dealing with a person who the prescribed person is aware, or ought reasonably to be aware, is a victim; and (b) to the extent the rights stated in the victims charter apply to the prescribed person in dealing with the victim. (2) The prescribed person must not, in dealing with the victim, engage in conduct that is inconsistent with the rights. 19 Victim may make complaint (1) This section applies if a victim believes a prescribed person has, in relation to the victim, engaged in conduct that is inconsistent with the rights stated in the victims charter. (2) The victim may make a complaint about the conduct to— (a) if the prescribed person is a government entity—the government entity; or (b) if the prescribed person is a non-government entity—the non-government entity; or (c) if the prescribed person is an officer, member or employee of a government entity or non-government entity—the government entity or non-government entity concerned; or Page 16 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 2 Charter of victims’ rights [s 20] (d) the victim services coordinator. (3) A complaint may be made for the victim by another person acting with the victim’s consent. 20 Dealing with complaint—government entity or non-government entity (1) This section applies if— (a) a complaint is made to a government entity or non-government entity (the relevant entity ) under section 19(2)(a), (b) or (c); or (b) the victim services coordinator refers a complaint made under section 19(2)(d) to a government entity or non-government entity (also the relevant entity ). (2) The relevant entity must— (a) give the victim information about the process that will be used for resolving the complaint; and (b) take all reasonable steps to resolve the complaint as soon as is reasonably practicable. (3) Without limiting subsection (2)(b), the relevant entity may comply with the subsection by— (a) referring the complaint to another entity mentioned in subsection (4) to resolve; and (b) giving the other entity timely and reasonable assistance to resolve the complaint. (4) For subsection (3)(a), the other entities are— (a) for a complaint mentioned in subsection (1)(a)—the victim services coordinator; or (b) for a government entity—another government entity; or Example of another government entity— the ombudsman Current as at [Not applicable] Page 17
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 20A] (c) for a non-government entity—the government entity that gives the relevant entity funding to provide services to help victims. 20A Dealing with complaint—victim services coordinator (1) This section applies if a complaint is made to the victim services coordinator under section 19(2)(d). (2) The victim services coordinator may— (a) liaise with the relevant entity concerned and facilitate the resolution of the complaint; or (b) refer the complaint to the relevant entity concerned. (3) For this section, a complaint concerns a relevant entity if the complaint is about the conduct of— (a) the relevant entity; or (b) an officer, member or employee of the relevant entity. Chapter 3 Victims financial assistance scheme Part 1 General 21 Scheme for financial assistance (1) This chapter establishes a scheme for the payment of financial assistance— (a) to a victim of an act of violence; or (b) to a person who incurs, or is reasonably likely to incur, funeral expenses for the death of a primary victim of an act of violence. Page 18 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 22] (2) This chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if— (a) the person committed or conspired to commit the act; or (b) for a person claiming assistance as a primary victim of the act—the person’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the person; or (c) for a person claiming assistance for the death of a primary victim of the act—the primary victim’s involvement in a criminal activity is the only reason, or the main reason, the act was committed against the primary victim, and the person was or should have been aware of the involvement. (3) Also, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence if, in the absence of a reasonable excuse— (a) the act has not been reported to a person as mentioned in section 81(1)(a); or (b) for an act that is a crime or a series of related crimes— the person has not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act. (4) Further, this chapter does not entitle anyone to the payment of financial assistance in relation to an act of violence to the extent the person has received, or will receive, payment of an amount in relation to the act of violence from another source. 22 Other rights etc. not affected The granting of financial assistance under the scheme to a person does not limit a right, entitlement or remedy the person has under common law or otherwise. Current as at [Not applicable] Page 19
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 23] 23 Assistance for victim available only in 1 capacity (1) This section applies if a person is a victim of an act of violence in 2 or more of the following capacities— (a) primary victim; (b) parent secondary victim; (c) witness secondary victim; (d) related victim. (2) The person is eligible for victim assistance in relation to the act of violence in only 1 of the capacities. (3) This section does not prevent a witness secondary victim or related victim of an act of violence also being granted assistance for funeral expenses for the death of a primary victim of the act. 24 Effect of death on eligibility for assistance (1) Despite any other Act or law, if a person entitled to assistance dies, the person’s entitlement to assistance does not survive for the benefit of the person’s estate. (2) If a person applies for assistance but dies before the application is decided, the application lapses. (3) If a person is granted assistance but dies before the assistance is paid to the person, the assistance is taken to never have been granted and the person’s application lapses. Part 2 Basic concepts 25 Meaning of act of violence (1) An act of violence is a crime or a series of related crimes, whether committed by 1 or more persons, that— (a) are committed in Queensland; and Page 20 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 25A] (b) directly result in the death of, or injury to, 1 or more persons, irrespective of where the death or injury happened. Note— In general terms, it is intended by this section that assistance may be granted to a person in relation to an act of violence even though the person who committed the act has not been, or can not be, found guilty of the relevant prescribed offence because of a justification, excuse or defence. On the other hand, it is not intended by this section that assistance be payable for an act done or omission made by a person, for example, a police officer, if the act or omission is lawfully done or made in the course of the person performing duties under an Act. See, however, sections 26(6), 50(2), 79 and 80. (2) Also, an act of violence is domestic violence, or a series of related acts of domestic violence, that— (a) is committed in Queensland; and (b) directly results in the death of, or injury to, 1 or more persons, irrespective of where the death or injury happened; and (c) is not an act of violence under subsection (1). (3) In this chapter, a reference to an act of violence in relation to an application for assistance includes a reference to an alleged act of violence. 25A Meaning of crime (1) A crime is an act or omission constituting a prescribed offence— (a) disregarding any justification, excuse or defence that a person may have for doing the act or making the omission; and (b) whether or not the person who did the act or made the omission has been identified, arrested, prosecuted or convicted in relation to the act or omission. Current as at [Not applicable] Page 21
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 25B] (2) However, a reference to a justification, excuse or defence in subsection (1)(a) does not include— (a) a matter mentioned in the Criminal Code, section 31(1)(a) or (b); or (b) an authorisation to do an act or make an omission that is provided for under an Act. (3) In this section— prescribed offence means— (a) an offence committed against the person of someone; or (b) an offence of attempting to commit, or conspiring to commit, an offence mentioned in paragraph (a). 25B Meaning of series of related crimes and series of related acts of domestic violence (1) A series of related crimes is 2 or more crimes that are related because the crimes— (a) are committed against the same person and— (i) are committed at about the same time; or (ii) are committed over a period by the same person or group of persons; or (iii) share another common factor; or (b) all contribute to the death of or injury to a person; or (c) having regard to the circumstances of the crimes, are related in some other way. (2) However, a crime ( later crime ) is not related to a previous crime ( earlier crime ) if the later crime is committed after assistance is granted in relation to the earlier crime. (3) A series of related acts of domestic violence is 2 or more acts or omissions constituting domestic violence that are related because the acts or omissions— (a) are committed in relation to the same person and— Page 22 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 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 some other way. (4) However, an act or omission constituting domestic violence ( later domestic violence ) is not related to a previous act or omission constituting domestic violence ( earlier domestic violence ) if the later domestic violence is committed after assistance is granted in relation to the earlier domestic violence. (5) To remove any doubt, it is declared that, for this chapter— (a) a series of related crimes, or a series of related acts of domestic violence, is taken to be a single act of violence; and (b) assistance may be granted only for the single act of violence. 26 Who is a primary, secondary, parent secondary, witness secondary or related victim (1) A primary victim , of an act of violence, is a person who dies or is injured as a direct result of the act being committed against the person. (2) A secondary victim , of an act of violence, is a person who is a parent secondary victim or witness secondary victim of the act. (3) A parent secondary victim , of an act of violence, is a person who— (a) is a parent of a child who is injured as a direct result of the act being committed against the child; and (b) is injured as a direct result of becoming aware of the act. Current as at [Not applicable] Page 23
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 27] (4) A witness secondary victim , of an act of violence, is a person who is injured as a direct result of witnessing the act. (5) A related victim , of an act of violence, is a person who is a close family member, or a dependant, of a primary victim of the act who has died as a direct result of the act. (6) However, a person is not a victim of an act of violence, of a kind mentioned in subsections (1) to (5), if the person committed the act. (7) In this section— close family member , of a primary victim of an act of violence who has died as a direct result of the act, means a family member of the primary victim who had a genuine personal relationship with the primary victim when the primary victim died. 27 Meaning of injury (1) In this chapter, injury means— (a) bodily injury; or (b) mental illness or disorder; or (c) intellectual impairment; or (d) pregnancy; or (e) disease; or (f) for a sexual offence or domestic violence, the totality of the following adverse impacts of the sexual offence or domestic violence suffered by a person— (i) sense of violation; (ii) reduced self worth or perception; (iii) lost or reduced physical immunity; (iv) lost or reduced physical capacity (including the capacity to have children), whether temporary or permanent; (v) increased fear or increased feelings of insecurity; Page 24 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 28] (vi) adverse effect of others reacting adversely to the person; (vii) adverse impact on lawful sexual relations; (viii) adverse impact on feelings; or (g) a combination of matters mentioned in paragraphs (a) to (f). (2) For this chapter, injury also includes an aggravation of an injury mentioned in subsection (1)(a) to (g), if the aggravation arises as a direct result of an act of violence. (3) To remove any doubt, it is declared that, for this chapter, an aggravation mentioned in subsection (2) is an injury only to the extent of the effects of the aggravation. 28 When exceptional circumstances exist For this chapter, exceptional circumstances exist for a victim of an act of violence if, because of the victim’s circumstances or the nature of the act, the act has had an unusual, special or out of the ordinary effect on the victim. Examples of when exceptional circumstances may exist— 1 An elderly person who lives alone suffers injury as a direct result of an act of violence committed against the person in the person’s home. Because of the act, the person becomes seriously concerned about the person’s security. 2 A person who lives in a remote area suffers injury as a direct result of an act of violence committed against the person by a person who lives in the same area. Because of the remoteness of the area, the person becomes seriously concerned about another act of violence being committed against the person by the same person. 29 When person incurs expenses For this chapter, a person incurs expenses if— (a) the person pays the expenses; or (b) someone else pays the expenses on the person’s behalf; or Current as at [Not applicable] Page 25
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 30] (c) the person receives an invoice for the payment of the expenses. Note— Part 13, division 2 provides for the payment of assistance to a person who is granted assistance, including providing for payments to someone else who has paid expenses on the person’s behalf or who has given the person an invoice for the payment of expenses. 30 References to government assessor In this chapter, a reference to the government assessor in relation to an application for assistance is a reference to the government assessor who, for the time being, is dealing with the application. Note— See sections 62, 127(6) and (7) and 130(5). Part 3 Relationship with workers’ compensation 31 Application of pt 3 This part applies if, for an act of violence, a person is— (a) a primary victim, witness secondary victim or related victim; and (b) a person who is entitled to compensation under the Workers’ Compensation Act. 32 Relationship generally (1) This section states the assistance for which the person is eligible if the person is paid compensation under the Workers’ Compensation Act. (2) If the person is a primary victim, the person is eligible for the following assistance— Page 26 Current as at [Not applicable]
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 32] Not authorised —indicative only (a) assistance under section 38(1) for— (i) the components mentioned in section 39(f) and (g); and (ii) special assistance as mentioned in subsection (6); (b) additional assistance under section 38(2). (3) If the person is a witness secondary victim of a more serious act of violence, the person is eligible for the following assistance— (a) assistance under section 44(1)(a) for the component mentioned in section 45(f); (b) additional assistance under section 44(2); (c) funeral expense assistance. (4) If the person is a witness secondary victim of a less serious act of violence, the person is eligible for funeral expense assistance. (5) If the person is a related victim of an act of violence, the person is eligible for the following assistance— (a) assistance under section 48(1) for— (i) the components mentioned in section 49(a), (b), (c), (d) and (g); and (ii) non-expense assistance as mentioned in subsection (7); (b) additional assistance under section 48(2). (6) For subsection (2)(a)(ii), the person is eligible for the following special assistance— (a) if the person has not been paid any lump sum compensation under the Workers’ Compensation Act— special assistance of the amount that would ordinarily be payable to the person; (b) if the person has been paid lump sum compensation under the Workers’ Compensation Act of an amount that is less than the amount of special assistance that would Current as at [Not applicable] Page 27
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 33] ordinarily be payable to the person—special assistance of the difference between the special assistance that would ordinarily be payable and the lump sum compensation paid. (7) For subsection (5)(a)(ii), the person is eligible for non-expense assistance— (a) only if the amount of the compensation paid under the Workers’ Compensation Act is less than the amount of the non-expense assistance that would ordinarily be payable to the person; and (b) only for the difference between the non-expense assistance that would ordinarily be payable to the person and the compensation paid under the Workers’ Compensation Act. (8) In this section— non-expense assistance means the total amount of assistance for the components mentioned in section 49(e) and (f). 33 When a person’s workers’ compensation application is finally dealt with For this part, a person’s workers’ compensation application is finally dealt with when the person’s total entitlement to compensation under the Workers’ Compensation Act, including the person’s entitlement to treatment, care and support payments under chapter 4A of that Act, has been decided under that Act, including, for example, because— (a) the person’s workers’ compensation application has been rejected under that Act; or (b) the person accepts or rejects an offer of lump sum compensation under that Act; or (c) the person’s entitlement to compensation under that Act stops under that Act. Page 28 Current as at [Not applicable]
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 34] Note— See, for example, the Workers’ Compensation Act, chapter 3 (Compensation), part 8A (When entitlement to compensation stops). Not authorised —indicative only 34 Generally workers’ compensation application finally dealt with before victim assistance application (1) The person may apply for victim assistance in relation to the act of violence committed against the person only if— (a) the person has made a workers’ compensation application; and (b) the workers’ compensation application has been finally dealt with. (2) The person may apply for victim assistance— (a) within 3 years after the person’s workers’ compensation application is finally dealt with; or (b) if the person is a child when the person’s workers’ compensation application is finally dealt with—before the person turns 21. (3) Subsection (2) applies despite section 54(1). (4) However, the scheme manager may, on application by the person, give the person approval to make an application for assistance without first making a workers’ compensation application if— (a) the reason the person has not made the workers’ compensation application is because the prescribed period has passed; and (b) the person has, under the Workers’ Compensation Act, section 131(4) or (5), applied to an insurer to waive the need to make the workers’ compensation application within the prescribed period, and has been unsuccessful; and (c) the scheme manager is reasonably satisfied the person has a reasonable excuse for not making the workers’ Current as at [Not applicable] Page 29
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 34] compensation application within the prescribed period, having regard to any of the following— (i) the person’s age when the act of violence was committed; (ii) whether the person has an impaired capacity; (iii) whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the person; Examples of persons who may be in a position of power, influence or trust in relation to a person— a person’s parent, spouse or carer (iv) the physical or psychological effect of the act of violence on the person; (v) any other matter the scheme manager considers relevant. (5) The scheme manager must give a person who applies for an approval under subsection (4) notice of the scheme manager’s decision on the application. (6) If the scheme manager decides not to give the approval, the notice must state the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. (7) In this section— prescribed period means the period within which a workers’ compensation application may be made under the Workers’ Compensation Act, section 131(1). Page 30 Current as at [Not applicable]
Part 3A Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 36A] Relationship with Motor Accident Insurance Act 1994 Not authorised —indicative only 36A Application of part This part applies if— (a) for an act of violence, a person is a primary victim, secondary victim or related victim; and (b) the act resulted in a motor vehicle accident within the meaning of the Motor Accident Insurance Act 1994 ; and (c) the person has made, or is or was entitled to make, a motor accident claim in relation to the motor vehicle accident. 36B Making of victim assistance application not affected by motor accident claim The person may apply for victim assistance in relation to the act of violence whether or not— (a) a motor accident claim has been made in relation to the motor vehicle accident; or (b) if a motor accident claim has been made in relation to the motor vehicle accident—the claim has been finally dealt with. Note— However, under section 86 the amount of victim assistance that would otherwise be payable to an applicant is reduced by the amount of a relevant payment the applicant has received or will receive. An amount payable under the Motor Accident Insurance Act 1994 is a relevant payment—see schedule 3, definition relevant payment . 36C When motor accident claim is finally dealt with For this part, a motor accident claim is finally dealt with when 1 of the following things happens under the Motor Accident Insurance Act 1994 Current as at [Not applicable] Page 31
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 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 is accepted; (c) a proceeding in a court based on the claim ends, including any appeal. 36D Requirement to defer decision—motor accident claim not made (1) This section applies if— (a) the person (the applicant ) applies for victim assistance in relation to the act of violence; and (b) the applicant has not made a motor accident claim in relation to the motor vehicle accident. (2) The government assessor must defer deciding the application until— (a) the applicant has made a motor accident claim in relation to the motor vehicle accident; and (b) the claim has been finally dealt with. Note— However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section. (3) However, subsection (2) does not apply if the scheme manager is satisfied— (a) that— (i) a motor accident claim by the applicant in relation to the motor vehicle accident is barred under the Motor Accident Insurance Act 1994 , section 37(3); or (ii) the applicant has tried unsuccessfully under the Motor Accident Insurance Act 1994 , section 37(3) to give notice of a motor accident claim in relation Page 32 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 36E] to the motor vehicle accident after the period mentioned in section 37(2) of that Act; and (b) the applicant has a reasonable excuse for not making the motor accident claim within the period mentioned in section 37(2) of that Act. (4) For deciding whether the applicant has a reasonable excuse under subsection (3)(b), the scheme manager must have regard to each of the following— (a) the applicant’s age at the time the act of violence occurred; (b) whether the applicant has impaired capacity; (c) whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the applicant; Examples of persons who may be in a position of power, influence or trust in relation to the applicant— the applicant’s parent, spouse or carer (d) the physical or psychological effect of the act of violence on the applicant; (e) any other matter the scheme manager considers relevant. (5) If the scheme manager decides the applicant does not have a reasonable excuse, the scheme manager must give the applicant a notice stating the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. 36E Requirement to defer decision—motor accident claim made but not finally dealt with (1) This section applies if— Current as at [Not applicable] Page 33
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 36F] (a) the person applies for victim assistance in relation to the act of violence; and (b) a motor accident claim made by the person in relation to the motor vehicle accident has not been finally dealt with. (2) The government assessor must defer deciding the application until the motor accident claim is finally dealt with. Note— However, under section 36F the government assessor must decide the application to the extent it relates to assistance for counselling expenses despite the deferral under this section. 36F Decision about assistance for counselling expenses (1) This section applies if— (a) the person applies for victim assistance in relation to the act of violence; and (b) the government assessor defers deciding the application under section 36D or 36E. (2) Despite the deferral of the decision, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a), 42(a), 45(a), 46(a) or 49(a). Note— The effect of this subsection is that the person may be granted assistance for counselling expenses before the motor accident claim has been finally dealt with. (3) The government assessor must give the person a notice for the decision mentioned in subsection (2) stating— (a) if the decision is to grant the application to the extent mentioned in the subsection— (i) the amount payable to the person; and (ii) the reasons for the decision; and Page 34 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 36G] Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (iii) the internal review details for the decision; or (b) if the decision is to refuse to grant the application to the extent mentioned in the subsection— (i) the decision; and (ii) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (iii) the internal review details for the decision. (4) If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14. Note— See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance. (5) This section does not limit part 14. Part 3B Relationship with national injury insurance scheme— motor vehicle accidents 36G Application of part This part applies to the primary victim of an act of violence if the primary victim or another person has made, or is entitled to make, an application (an NIISQ application ) under the NIISQ Act for approval to participate in the scheme in relation to the injury suffered by the primary victim as a direct result of the act of violence. Current as at [Not applicable] Page 35
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 36H] Note— See the NIISQ Act, sections 16 to 18. 36H Making of victim assistance application not affected by application for approval to participate in scheme The primary victim may apply for victim assistance in relation to the act of violence whether or not— (a) an NIISQ application has been made in relation to the injury suffered by the primary victim as a direct result of the act of violence; or (b) if an NIISQ application has been made—the application has been decided by the agency under the NIISQ Act. Note— However, under section 86 the amount of victim assistance that would otherwise be payable to an applicant is reduced by the amount of a relevant payment the applicant has received or will receive. An amount payable under the NIISQ Act is a relevant payment—see schedule 3, definition relevant payment . 36I Deferring decision if NIISQ application not made or not decided (1) This section applies if— (a) the primary victim applies for victim assistance in relation to the act of violence; and (b) either— (i) an NIISQ application has not been made; or (ii) an NIISQ application has been made but has not been decided by the agency under the NIISQ Act. (2) The government assessor may defer deciding the application, or defer deciding the amount of assistance to be granted, until the NIISQ application is decided. Page 36 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 36J] Note— However, under section 36J the government assessor must decide the application to the extent it relates to assistance for particular expenses despite the deferral under this section. (3) If, under subsection (2), the application or the amount of assistance to be granted is not decided within 2 years after the application was made, the government assessor must, despite that subsection, make the decision as soon as reasonably practicable. (4) If the government assessor defers deciding the application or the amount of assistance to be granted under subsection (2), the government assessor must give the primary victim a notice stating the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. 36J Decision about assistance for particular expenses (1) This section applies if— (a) the primary victim applies for victim assistance in relation to the act of violence; and (b) the government assessor defers deciding the application, or the amount of the assistance to be granted, under section 36I; and (c) section 36F does not apply. (2) Despite the deferral, the government assessor must decide the application to the extent it relates to assistance mentioned in section 39(a) and (c) to (h). (3) The government assessor must give the primary victim a notice for the decision mentioned in subsection (2) stating— Current as at [Not applicable] Page 37
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 37] (a) if the decision is to grant the application to the extent mentioned in the subsection— (i) the amount payable to the primary victim; and (ii) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (iii) the internal review details for the decision; or (b) if the decision is to refuse to grant the application to the extent mentioned in the subsection— (i) the decision; and (ii) the reasons for the decision; and Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (iii) the internal review details for the decision. (4) If the government assessor decides to grant the application to the extent mentioned in subsection (2), for section 100 the assistance granted is taken to be interim assistance granted under part 14. Note— See section 100 in relation to the effect of the decision made on the application for victim assistance in relation to an amount paid in interim assistance. (5) This section does not limit part 14. Part 4 Primary victims 37 Eligibility for assistance A primary victim of an act of violence is eligible for assistance. Page 38 Current as at [Not applicable]
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 38] Note— See, however, section 24. Not authorised —indicative only 38 Amount of assistance (1) A primary victim of an act of violence may be granted assistance of up to $75,000. (2) Also, in addition to the assistance mentioned in subsection (1), the primary victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 39 Composition of assistance The assistance granted under section 38(1) to a primary victim of an act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of the act of violence; (d) reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73); (e) loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of the act of violence, during a period of up to 2 years after the act of violence; (f) expenses incurred by the victim for loss of or damage to clothing the victim was wearing when the act of violence happened; Current as at [Not applicable] Page 39
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 40] (g) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence; Examples of other reasonable expenses— relocation expenses costs of securing the victim’s place of residence or business (h) special assistance in relation to the act of violence. Part 5 Parent secondary victims 40 Eligibility for assistance A parent secondary victim of an act of violence is eligible for assistance. Note— See, however, section 24. 41 Amount of assistance (1) A parent secondary victim of an act of violence may be granted assistance of up to $50,000. (2) In addition to the assistance mentioned in subsection (1), each parent secondary victim of an act of violence may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 42 Composition of assistance The assistance granted under section 41(1) to a parent secondary victim of an act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence; Page 40 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 43] (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the act of violence; (d) reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73); (e) if exceptional circumstances exist for the victim, loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of becoming aware of the act of violence, during a period of up to 2 years after becoming aware of the act; (f) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence. Examples of other reasonable expenses— relocation expenses costs of securing the victim’s place of residence or business Part 6 Witness secondary victims 43 Eligibility for assistance A witness secondary victim of an act of violence is eligible for assistance. Note— See, however, section 24. 44 Amount of assistance (1) A witness secondary victim of an act of violence may be granted assistance of— Current as at [Not applicable] Page 41
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 45] (a) if the act is a more serious act of violence—up to $50,000, less any funeral expense assistance granted to the victim for the act; or (b) if the act is a less serious act of violence—up to $10,000, less any funeral expense assistance granted to the victim for the act. (2) In addition to the assistance mentioned in subsection (1)(a), each witness secondary victim of a more serious act of violence may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 45 Composition of assistance—witness to more serious act of violence The assistance granted under section 44(1)(a) to a witness secondary victim of a more serious act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (d) reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73); (e) if exceptional circumstances exist for the victim, loss of earnings of up to $20,000 suffered, or reasonably likely to be suffered, by the victim, as a direct result of witnessing the act of violence, during a period of up to 2 years after the act; Page 42 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 46] (f) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be incurred, by the victim to significantly help the victim recover from the act of violence. Examples of other reasonable expenses— relocation expenses costs of securing the victim’s place of residence or business 46 Composition of assistance—witness to less serious act of violence The assistance granted under section 44(1)(b) to a witness secondary victim of a less serious act of violence may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of witnessing the act of violence; (d) reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73). Part 7 Related victims 47 Eligibility for assistance A related victim of an act of violence is eligible for assistance. Note— See, however, section 24. Current as at [Not applicable] Page 43
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 48] 48 Amount of assistance (1) A related victim of an act of violence may be granted assistance of up to $50,000 less any funeral expense assistance granted to the victim in relation to the act. (2) In addition to the assistance mentioned in subsection (1), each related victim may be granted assistance of up to $500 for legal costs incurred by the victim in applying for assistance under this Act. 49 Composition of assistance The assistance granted under section 48(1) to a related victim may consist of 1 or more of the following components— (a) reasonable counselling expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim’s death; (b) reasonable medical expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim’s death; (c) reasonable incidental travel expenses incurred, or reasonably likely to be incurred, by the victim as a direct result of becoming aware of the primary victim’s death; (d) reasonable report expenses incurred by the victim for the victim’s application for assistance (including expenses incurred for an examination under section 73); (e) an amount of up to $20,000 that, but for the death of the primary victim of the act of violence, the related victim would have been reasonably likely to receive from the primary victim, during a period of up to 2 years after the primary victim’s death; (f) an amount of up to $10,000 for distress suffered, or reasonably likely to be suffered, by the related victim as a direct result of the primary victim’s death; (g) if exceptional circumstances exist for the victim, other reasonable expenses incurred, or reasonably likely to be Page 44 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 50] incurred, by the victim to significantly help the victim recover from the primary victim’s death. Examples of other reasonable expenses— relocation expenses costs of securing the victim’s place of residence or business Part 8 Person who incurs funeral expenses for primary victim’s funeral 50 Eligibility and assistance (1) A person who incurs funeral expenses for the funeral of a primary victim of an act of violence who has died as a direct result of the act is eligible for assistance. (2) However, a person who incurs funeral expenses for the funeral of a primary victim of an act of violence committed by the person is not eligible for assistance under subsection (1). (3) A person eligible for assistance under subsection (1) may be granted assistance of up to $8,000 for funeral expenses incurred, or reasonably likely to be incurred, by the person for the funeral of the primary victim. (4) However, if more than 1 person is eligible for assistance under subsection (1) in relation to an act of violence, only a combined total of $8,000 may be granted to the persons for the funeral expenses incurred, or reasonably likely to be incurred, by them for the funeral of the primary victim. (5) To remove any doubt, it is declared that a person may be eligible for assistance under subsection (1) in relation to an act of violence even though the person is also a witness secondary victim or related victim of the act. Current as at [Not applicable] Page 45
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 51] Part 9 Applying for victim assistance Not authorised —indicative only 51 Who may apply for victim assistance (1) A victim of an act of violence may apply to the scheme manager for victim assistance. (2) If the victim is a child, the application may be made by— (a) the child’s parent on behalf of the child; or (b) if the child is at least 12 years old and is represented by a lawyer, the child; or (c) someone else approved by the scheme manager. (3) For subsection (2)(a)— (a) if a person is granted guardianship of a child under a child protection order under the Child Protection Act 1999 —the reference to the child’s parent in the subsection is taken to be a reference to that person; and (b) if a person has the right and responsibility to make decisions about a child’s daily care under a decision or order of a federal court or a court of a State, other than a temporary order—the reference to the child’s parent in the subsection is taken to be a reference to that person; and (c) subject to paragraphs (a) and (b), the reference to the child’s parent in the subsection does not include an approved carer of the child. (4) If the victim is an adult with an impaired capacity, the application may be made by— (a) if the victim has a guardian—the guardian; or (b) if the victim does not have a guardian but has an administrator—the administrator; or (c) if the victim does not have a guardian or an administrator—an attorney appointed by the victim under an enduring power of attorney; or Page 46 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 52] (d) if the victim does not have a guardian or an administrator and has not appointed a person under an enduring power of attorney— (i) a member of the victim’s support network; or (ii) someone else approved by the scheme manager. (5) If the victim is not a child or an adult with impaired capacity but requires assistance in making an application under this chapter, the application may be made by someone else approved by the scheme manager. Example— If a victim can not understand English, the scheme manager may approve a relative of the victim who can understand English to make the application on the victim’s behalf. (6) For this Act, the victim is still the applicant even though under subsection (2), (4) or (5) an application is made by someone else for the victim. (7) In this section— lawyer means an Australian legal practitioner, or a government legal officer, within the meaning of the Legal Profession Act 2007 . support network see the Guardianship and Administration Act 2000 , schedule 4. 52 Form of application An application for victim assistance must— (a) be in the approved form; and (b) be accompanied by documents supporting the application; and (c) contain the consent of the relevant person for the government assessor to obtain information mentioned in section 74 or 77(1) or (4). Current as at [Not applicable] Page 47
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 54] Not authorised —indicative only 54 Time limit (1) An application for victim assistance for an act of violence must be made within 3 years after— (a) the act of violence happens; or (b) for an application by a related victim—the death of the primary victim of the act; or (c) for a victim who is a child—the day the child turns 18. (2) The scheme manager may, on application by a person, extend the time for the person making an application for victim assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— (a) the person’s age when the act of violence was committed; (b) whether the person has an impaired capacity; (c) whether the person who allegedly committed the act of violence was in a position of power, influence or trust in relation to the person; Examples of persons who may be in a position of power, influence or trust in relation to a person— a person’s parent, spouse or carer (d) the physical or psychological effect of the act of violence on the person; (e) whether the delay in making the application undermines the possibility of a fair decision; (f) any other matter the scheme manager considers relevant. (3) The scheme manager must give a person who applies for an extension of time under subsection (2) notice of the scheme manager’s decision on the application. (4) If the scheme manager decides not to extend the time for making an application for victim assistance, the notice must state the following— (a) the decision; Page 48 Current as at [Not applicable]
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 55] (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. Not authorised —indicative only 55 Applying for victim assistance and funeral expense assistance together (1) This section applies if, on the same approved form, a victim of an act of violence is applying for— (a) victim assistance; and (b) funeral expense assistance. (2) The government assessor may consider the applications together. Part 10 Applying for funeral expense assistance 56 Who may apply for funeral expense assistance A person who incurs, or is reasonably likely to incur, funeral expenses for the funeral of a primary victim of an act of violence may apply to the scheme manager for funeral expense assistance. 57 Form of application An application for funeral expense assistance must be in the approved form. 58 Time limit (1) An application for funeral expense assistance must be made within 3 years after the death of the primary victim. Current as at [Not applicable] Page 49
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 59] (2) The scheme manager may, on application by a person, extend the time for the person to make an application for funeral expense assistance if the scheme manager considers it would be appropriate and desirable to do so, having regard to the following— (a) the person’s age when the death occurred; (b) whether the person has impaired capacity; (c) the physical or psychological effect of the act of violence on the person; (d) whether the delay in making the application undermines the possibility of a fair decision; (e) any other matter the scheme manager considers relevant. (3) The scheme manager must give the person notice of the scheme manager’s decision on the application. (4) If the scheme manager decides not to grant the application, the notice must state the following— (a) the decision; (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B (Content of statement of reasons for decision). (c) the internal review details for the decision. Part 11 Withdrawal, amendment or lapse of applications 59 Withdrawal of application An applicant for assistance may, by notice given to the scheme manager, withdraw the application at any time before the application is decided. Page 50 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 60] 60 Amendment of application (1) An applicant for assistance may, by notice given to the scheme manager, amend the application at any time before the application is decided. (2) Without limiting subsection (1), an applicant may amend the application to change the capacity in which the applicant is applying for assistance. 61 Lapse of application if no contact (1) This section applies if an applicant for assistance has not made any contact with the government assessor dealing with the application for 6 months. (2) The government assessor may give the applicant a notice stating that if the applicant does not contact the government assessor within 6 months after the notice is given, the application will lapse under subsection (4). (3) The notice must be sent to the address stated in the application for assistance or, if the applicant has given the government assessor another address for service of notices, the other address. (4) If the applicant is given a notice under this section and the applicant does not contact the government assessor within 6 months after the notice is given, the applicant’s application for assistance lapses. (5) The lapsing of an application under this section does not prevent the applicant making another application for assistance under this chapter. Note— See section 54 (for victim assistance) or 58 (for funeral expense assistance) for the time within which the application must be made. (6) For this section, contact with the government assessor dealing with the application includes— (a) contact with the scheme manager; and Current as at [Not applicable] Page 51
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 62] (b) contact with another government assessor acting for the government assessor dealing with the application. Not authorised —indicative only Part 12 Considering applications for assistance Division 1 Considering applications generally 62 Choosing government assessor (1) The scheme manager must, as soon as practicable after receiving an application for assistance, choose an appropriately qualified government assessor to deal with the application. Note— See section 130 for the requirement that a government assessor disclose interests that may conflict with the performance of functions in relation to the application. (2) From time to time, the scheme manager may assign another appropriately qualified government assessor to deal with the application, whether in addition to or in place of the government assessor previously assigned under subsection (1) or section 130. (3) In this section— appropriately qualified , for dealing with an application for assistance, means appropriately qualified having regard to— (a) the complexity of the issues involved; and (b) any other matter the scheme manager considers relevant. 63 General principles In deciding an application for assistance, the government assessor must— (a) observe the principles of natural justice; and Page 52 Current as at [Not applicable]
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 64] (b) act as quickly as the requirements under this Act and a proper consideration of the application permit. 64 Further information, document or consent (1) Before deciding an application for assistance, the government assessor may— (a) ask the applicant for further information or a document the assessor reasonably requires to decide the application; or (b) ask the relevant person for consent for the assessor to obtain from someone else stated further information or a stated document about the applicant the assessor reasonably requires to decide the application. Note— See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act. (2) The government assessor may stop considering the application until the further information or document or the consent is given to the assessor. (3) If the applicant does not give the further information or document, or the relevant person does not given the consent, within 42 days after the government assessor asks for it, or a longer period agreed to by the scheme manager, the application lapses. (4) The lapsing of an application under this section does not prevent the applicant making another application for assistance under this chapter. Note— See section 54 (for victim assistance) or 58 (for funeral expense assistance) for the time within which the application must be made. Current as at [Not applicable] Page 53
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 65] Not authorised —indicative only 65 Obtaining information about act of violence from police commissioner (1) The government assessor may ask the police commissioner for the following for a stated act of violence in relation to which assistance is sought— (a) information about— (i) the circumstances of the act of violence, including details of the injury suffered by a victim of the act; or (ii) the progress of investigations being conducted about the act of violence; or (iii) the charge (if any) laid for the act of violence and details of the place and date of hearing of the proceeding for the charge; or (iv) if a charge is not laid or not continued with—the reasons for not laying or continuing with a charge; or (v) the outcome of a proceeding for the charge, including any sentence imposed and the outcome of any appeal; (b) a copy of any statement about the act of violence made by the primary victim of the act or the person who allegedly committed the act, including a recording of the questioning of the person under the Police Powers and Responsibilities Act 2000 , section 436; (c) further details about any of the information mentioned in paragraph (a) or (b), including any changes to the information previously provided. (2) The police commissioner must comply with a request under subsection (1). (3) The police commissioner’s obligation to comply with a request under subsection (1) applies only— (a) to information in the police commissioner’s possession or to which the police commissioner has access; and Page 54 Current as at [Not applicable]
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 65] Not authorised —indicative only (b) for a statement requested under subsection (1)(b) that is made by the person who allegedly committed the act of violence—if the police commissioner is reasonably satisfied the government assessor reasonably requires the statement to decide the application. (4) The police commissioner must not give information about an investigation relating to the act of violence if the police commissioner is reasonably satisfied giving the information— (a) may prejudice or otherwise hinder an investigation or prosecution to which the information may be relevant; or (b) may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999 , section 186; or (c) may affect the safety of a police officer, complainant or other person; or (d) may lead to the disclosure of methods, practices or systems used generally by police in investigating alleged offences. (5) The police commissioner may give information requested under subsection (1) by allowing the government assessor to access an electronic database maintained by the police service. (6) If the police commissioner gives the government assessor access to an electronic database as mentioned in subsection (5), the access to, and the use of, the database is limited to the extent it is connected with the requested information. (7) The giving of information under subsection (2) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act. (8) In this section— Current as at [Not applicable] Page 55
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 66] information includes a document. Example of a document— a recording from a body-worn camera under the Police Powers and Responsibilities Act 2000 , section 609A. Not authorised —indicative only 66 Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence (1) The government assessor may ask the following (each the relevant police official ) for the information mentioned in subsection (2) for a stated act of violence in relation to which assistance is sought— (a) the police officer investigating the act of violence; (b) if the government assessor does not know the name of the police officer investigating the act of violence, or the police officer is not available—the police commissioner. (2) For subsection (1), the information is the information the relevant police official considers may be relevant to deciding the application for the assistance, including— (a) copies of statements made by any person about the act of violence, including statements made by witnesses to the act of violence; and (b) information the relevant police official considers may be relevant to deciding— (i) whether the applicant for the assistance committed the act of violence, or conspired with the person who allegedly committed the act of violence; or (ii) whether the only or main reason the act of violence was committed against the primary victim of the act was the primary victim’s involvement in a criminal activity; or (iii) if the applicant for assistance is not the primary victim of the act of violence—whether the applicant was aware of the primary victim’s involvement in a criminal activity mentioned in subparagraph (ii); or Page 56 Current as at [Not applicable]
Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 66] Not authorised —indicative only (iv) whether the applicant has not given reasonable assistance in the police investigation of the act of violence, or in the arrest or prosecution of the person who allegedly committed the act of violence, and whether the failure has prevented the arrest or prosecution of the person who allegedly committed the act of violence. (3) The relevant police official must comply with a request under subsection (1) if, and to the extent, the relevant police official is reasonably satisfied the government assessor reasonably requires the information to decide the application. (4) A copy of a statement mentioned in subsection (2)(a) may include particulars identifying the witness only if the relevant police official reasonably believes the identity of the witness is relevant to deciding the application. (5) The relevant police official’s obligation to comply with a request under subsection (1) applies only to information in the relevant police official’s possession or to which the relevant police official has access. (6) The relevant police official must not give information about an investigation relating to the act of violence if the relevant police official is reasonably satisfied giving the information— (a) may prejudice or otherwise hinder an investigation or prosecution to which the information may be relevant; or (b) may lead to the identification of an informant or a person who is a notifier under the Child Protection Act 1999 , section 186; or (c) may affect the safety of a police officer, complainant or other person; or (d) may lead to the disclosure of methods, practices or systems used generally by police in investigating alleged offences. (7) The giving of information under subsection (3) is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Current as at [Not applicable] Page 57
Not authorised —indicative only Victims of Crime Assistance Act 2009 Chapter 3 Victims financial assistance scheme [s 67] Note— See section 140 for restrictions on disclosing or giving access to information or documents obtained under this Act. (8) In this section— information includes a document. Example of a document— a recording from a body-worn camera under the Police Powers and Responsibilities Act 2000 , section 609A. 67 Obtaining information about prosecution (1) The government assessor may ask the director of public prosecutions for the following information about a stated act of violence in relation to which assistance is sought— (a) details of the charges laid for the act of violence, including any charge laid against a person for conspiring with the person who committed the act; (b) details of the place and date of hearing of the proceeding for the charge; (c) a decision to substantially change the charge, or not to continue with the charge, or to accept a plea of guilty to a lesser charge; (d) the outcome of a proceeding for the charge, including any sentence imposed and the outcome of any appeal. (2) The director must comply with the request if the director is