2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Victims of Crime Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 Part 2 Victims of Crime Act 1994 4 New section 3A 3 5 Part 2 heading 3 6 Compliance with principles Section 5 4 7 New section 5 (2) 4 J2009-289 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 8 Giving information to coordinator--legal immunity Section 6 4 9 New part 2A 4 10 Part 3 6 11 Victims services scheme--establishment Section 19 (2) (a) and (b) 10 12 Section 19 (2) (e) 11 13 New part 4A 11 14 Part 6 16 15 Dictionary, note 2 18 16 Dictionary, note 2 19 17 Dictionary, note 2 19 18 Dictionary, new definitions 19 19 Dictionary, definition of coordinator 19 20 Dictionary, new definitions 19 21 Dictionary, definition of harm 20 22 Dictionary, new definition of primary victim 20 23 Dictionary, definition of victim 20 24 Dictionary, new definition of victims advisory board 20 Part 3 Victims of Crime Regulation 2000 25 Part 2 21 26 Responsible service agency Section 21 21 27 Section 22 21 28 Section 22 (b) 21 29 Section 22 (f) 21 30 Section 22 (k) and (l) 21 31 Section 23 22 32 Eligible victims under the victims services scheme Section 24 23 33 Definitions--div 3.2 Section 25 23 34 Section 25, definition of reviewable decision 23 35 Sections 25A, 26 and 26A 23 contents 2 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 36 Review by internal reviewer Section 27 (1) and (2) 24 37 Eligibility Review Committee Section 28 24 38 Applications to committee for internal review Section 29 24 39 Section 30 24 40 Reviewable decision notices Section 31 25 41 Level 1 service Section 33 (3) 25 42 Level 2 service Section 34 (3) 25 43 Section 34 (8) 26 44 Level 3 service Section 35 (5) 26 45 Section 36 26 46 How contact hours are provided Section 37 (1) 27 47 Section 37 (2) and (3) 28 48 Section 38 28 49 Approved service providers Section 40 (1) and (2) 28 50 Section 40 (3) 28 51 Criteria for approval Section 41 29 52 Section 41 (a) (i) 29 53 Section 41 (d) 29 54 New section 41 (2) 29 55 Section 42 29 56 Cancellation of approval Section 43 30 57 Section 45 30 58 Reviewable decision notices Section 46A 30 59 New section 47A 31 Victims of Crime Amendment Bill 2010 contents 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 60 Guidelines--volunteers Section 48 32 61 New section 48A 32 62 Section 50 heading 32 63 Section 50 (1) 33 64 Dictionary, note 2 33 65 Dictionary, note 2 33 66 Dictionary, note 3 33 67 Dictionary, definitions of AFP member and appointed member 33 68 Dictionary, definition of board 34 69 Dictionary 34 70 Dictionary, definition of health practitioner member 34 71 Dictionary, definition of independent arbitrator 34 72 Dictionary 35 Schedule 1 Consequential amendments 36 Part 1.1 Crimes (Sentencing) Act 2005 36 Part 1.2 Remuneration Tribunal Act 1995 36 Part 1.3 Territory Records Regulation 2009 36 Part 1.4 Victims of Crime (Financial Assistance) Act 1983 37 contents 4 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) Victims of Crime Amendment Bill 2010 A Bill for An Act to amend the Victims of Crime Act 1994, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-289 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 1 1 Part 1 Preliminary 2 1 Name of Act 3 This Act is the Victims of Crime Amendment Act 2010. 4 2 Commencement 5 This Act commences on a day fixed by the Minister by written 6 notice. 7 Note 1 The naming and commencement provisions automatically commence on 8 the notification day (see Legislation Act, s 75 (1)). 9 Note 2 A single day or time may be fixed, or different days or times may be 10 fixed, for the commencement of different provisions (see Legislation 11 Act, s 77 (1)). 12 Note 3 If a provision has not commenced within 6 months beginning on the 13 notification day, it automatically commences on the first day after that 14 period (see Legislation Act, s 79). 15 3 Legislation amended 16 This Act amends the Victims of Crime Act 1994 and the Victims of 17 Crime Regulation 2000. 18 Note This Act also amends the following legislation (see sch 1): 19 · Crimes (Sentencing) Act 2005 20 · Remuneration Tribunal Act 1995 21 · Territory Records Regulation 2009 22 · Victims of Crime (Financial Assistance) Act 1983. page 2 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 4 1 Part 2 Victims of Crime Act 1994 2 4 New section 3A 3 in part 1, insert 4 3A Offences against Act--application of Criminal Code etc 5 Other legislation applies in relation to offences against this Act. 6 Note 1 Criminal Code 7 The Criminal Code, ch 2 applies to all offences against this Act (see 8 Code, pt 2.1). 9 The chapter sets out the general principles of criminal responsibility 10 (including burdens of proof and general defences), and defines terms 11 used for offences to which the Code applies (eg conduct, intention, 12 recklessness and strict liability). 13 Note 2 Penalty units 14 The Legislation Act, s 133 deals with the meaning of offence penalties 15 that are expressed in penalty units. 16 5 Part 2 heading 17 substitute 18 Part 2 Objects and principles 19 3B Object of Act 20 The object of this Act is to-- 21 (a) acknowledge, protect and promote the interests of victims in 22 the administration of justice; and 23 (b) establish appropriate ways for the treatment of victims by 24 agencies involved in the administration of justice; and 25 (c) help victims deal with the effects of criminal offences. Victims of Crime Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 6 1 6 Compliance with principles 2 Section 5 3 omit 4 mentioned in section 4 5 7 New section 5 (2) 6 insert 7 (2) If a primary victim is a child, the person must consider the child's 8 views, wishes and circumstances before treating a guardian of the 9 child as a victim when applying the governing principles. 10 8 Giving information to coordinator--legal immunity 11 Section 6 12 omit 13 9 New part 2A 14 insert 15 Part 2A Important concepts 16 6 Who is a victim? 17 (1) In this Act: 18 victim means a person who suffers harm because of an offence and 19 includes-- 20 (a) a person (the primary victim) who suffers harm-- 21 (i) in the course of, or as a result of, the commission of an 22 offence; or 23 (ii) as a result of witnessing an offence; and page 4 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 9 1 (b) a family member, of the primary victim, who suffers harm 2 because of the harm to the primary victim; and 3 (c) a person who is financially or psychologically dependent on 4 the primary victim and who suffers harm because of the harm 5 to the primary victim; and 6 (d) a primary victim, a related victim or an eligible property owner 7 within the meaning of the Victims of Crime (Financial 8 Assistance) Act 1983, dictionary; and 9 (e) if a person mentioned for this definition is a child or legally 10 incompetent person--a guardian of the child or legally 11 incompetent person. 12 (2) However, a victim does not include a person who suffers harm 13 because of an offence he or she committed or is alleged to have 14 committed. 15 (3) In this section: 16 guardian means-- 17 (a) for a child--a parent, a legally appointed guardian of the child 18 or someone else with parental responsibility for the child under 19 the Children and Young People Act 2008, division 1.3.2 20 (Parental responsibility); or 21 (b) for a legally incompetent person--a person who is-- 22 (i) a legally appointed guardian of the legally incompetent 23 person; or 24 (ii) an attorney, appointed under an enduring power of 25 attorney that has become operative, for the legally 26 incompetent person. 27 harm includes 1 or more of the following: 28 (a) physical injury; 29 (b) mental injury or emotional suffering (including grief); Victims of Crime Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (c) pregnancy; 2 (d) economic loss; 3 (e) substantial impairment of a person's legal rights. 4 legally incompetent person means an adult who is subject to-- 5 (a) an enduring power of attorney that has become operative; or 6 (b) a guardianship order. 7 10 Part 3 8 substitute 9 Part 3 Victims of crime commissioner 10 Division 3.1 Appointment of commissioner 11 7 Appointment 12 (1) The Minister must appoint a person to be the Victims of Crime 13 Commissioner. 14 Note For the making of appointments (including acting appointments), see 15 the Legislation Act, pt 19.3. 16 (2) The commissioner must be appointed for not longer than 5 years. 17 Note A person may be reappointed to a position if the person is eligible to be 18 appointed to the position (see Legislation Act, s 208 and dict, pt 1, 19 def appoint). 20 (3) The conditions of appointment of the commissioner are the 21 conditions agreed between the Minister and the commissioner, 22 subject to any determination under the Remuneration Tribunal 23 Act 1995. page 6 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 8 Ending appointment 2 (1) The Minister may end the appointment of a person as 3 commissioner-- 4 (a) if the person contravenes a law in force in the Territory; or 5 (b) for misbehaviour; or 6 (c) if the person becomes bankrupt or personally insolvent; or 7 (d) if the person is convicted outside the ACT, in Australia or 8 elsewhere, of an offence that, if it had been committed in the 9 ACT, would be punishable by imprisonment for at least 1 year. 10 (2) The Minister must end the person's appointment-- 11 (a) if the person is absent, other than on approved leave, for 12 14 consecutive days or for 28 days in any 12-month period; or 13 (b) for physical or mental incapacity, if the incapacity substantially 14 affects the exercise of the person's functions. 15 Note A person's appointment also ends if the person resigns (see Legislation 16 Act, s 210). 17 9 Staff 18 The staff assisting the commissioner are to be employed under the 19 Public Sector Management Act 1994. 20 10 Delegation by commissioner 21 The commissioner may delegate the commissioner's functions under 22 a territory law to a public servant. 23 Note For the making of delegations and the exercise of delegated functions, 24 see the Legislation Act, pt 19.4. Victims of Crime Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 Division 3.2 Functions of commissioner 2 11 Functions 3 The commissioner has the following functions in connection with 4 the administration of justice: 5 (a) to manage the victims services scheme and any other program 6 for the benefit of victims; 7 (b) to advocate for the interests of victims; 8 (c) to monitor and promote compliance with the governing 9 principles; 10 (d) to ensure concerns and formal complaints about non- 11 compliance with the governing principles are dealt with 12 promptly and effectively; 13 (e) to ensure the provision of efficient and effective services for 14 victims; 15 (f) to consult on and promote reforms to meet the interests of 16 victims; 17 (g) to develop educational and other programs to promote 18 awareness of the interests of victims; 19 (h) to distribute information about the operation of this Act and the 20 commissioner's functions; 21 (i) to ensure that victims receive information and assistance they 22 need in connection with their involvement in the administration 23 of justice; 24 (j) to encourage and facilitate cooperation between agencies 25 involved in the administration of justice with respect to 26 victims; 27 (k) to advise the Minister on matters relating to the interests of 28 victims; page 8 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 10 1 (l) any other function given to the commissioner under this Act or 2 another territory law. 3 Note A provision of a law that gives an entity (including a person) a function 4 also gives the entity powers necessary and convenient to exercise the 5 function (see Legislation Act, s 196 and dict, pt 1, def entity). 6 12 Concerns and complaints 7 (1) The commissioner must try to resolve any concern raised with the 8 commissioner by a victim about non-compliance with the governing 9 principles by an agency involved in the administration of justice. 10 (2) An agency must, with the victim's consent, give the commissioner 11 any document or information that the agency could provide to the 12 victim and which is reasonably required by the commissioner to 13 resolve a concern under subsection (1). 14 (3) Nothing in subsection (1) prevents a victim or the commissioner 15 from making a formal complaint about a concern, or requires a 16 victim to raise a concern with the commissioner before making a 17 formal complaint. 18 (4) If the commissioner receives a formal complaint about 19 non-compliance with the governing principles by an agency 20 involved in the administration of justice, the commissioner must 21 refer the complaint to a relevant complaints entity. 22 (5) However, the commissioner may decide not to refer a complaint to a 23 relevant complaints entity-- 24 (a) if in the opinion of the commissioner-- 25 (i) the complaint is frivolous or vexatious or was not made 26 in good faith; or 27 (ii) the complainant does not have a sufficient interest in the 28 subject matter of the complaint; or Victims of Crime Amendment Bill 2010 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 11 1 (b) if the complainant has not made the complaint to the relevant 2 agency--until the complainant makes the complaint to the 3 agency and the agency has had a reasonable opportunity to 4 respond to the complaint; or 5 (c) if the complaint is of a minor nature--until the commissioner 6 has tried to resolve the complaint between the complainant and 7 the relevant agency. 8 (6) If a complaint is referred to a relevant complaints entity, the 9 commissioner must give the entity all documents and information 10 held by the commissioner about the complaint. 11 (7) In this section: 12 relevant complaints entity means-- 13 (a) the human rights commission; or 14 (b) the ombudsman; or 15 (c) any other entity authorised to investigate a complaint relating 16 to the administration of justice. 17 13 Attendance at criminal proceedings 18 For the exercise of the commissioner's functions under this Act, the 19 commissioner is entitled to be present at the hearing of a proceeding 20 in a court in respect of an offence, including any part of the 21 proceeding held in private, unless the court directs otherwise. 22 11 Victims services scheme--establishment 23 Section 19 (2) (a) and (b) 24 omit page 10 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 12 1 12 Section 19 (2) (e) 2 omit 3 coordinator 4 substitute 5 commissioner 6 13 New part 4A 7 insert 8 Part 4A Victims advisory board 9 Division 4A.1 Establishment and membership 10 22A Establishment of board 11 The Victims Advisory Board is established. 12 22B Functions of board 13 The functions of the board are-- 14 (a) to develop policy, protocols and procedures for the treatment 15 of victims by agencies involved in the administration of 16 justice; and 17 (b) to advise the Minister on policies, priorities and strategies for 18 the acknowledgment, protection and promotion of the interests 19 of victims in the administration of justice; and 20 (c) any other function given to the board under this Act or another 21 territory law. Victims of Crime Amendment Bill 2010 page 11 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 22C Membership of board 2 (1) The board consists of-- 3 (a) the chief executive; and 4 (b) the commissioner; and 5 (c) the members (the appointed members) appointed under 6 section 22D. 7 (2) The chief executive may delegate his or her functions under this Act 8 to a public servant. 9 22D Appointed members of board 10 (1) The Minister must appoint the following members of the board: 11 (a) a representative of each of the following entities: 12 (i) the DPP; 13 (ii) the Australian Federal Police; 14 (iii) ACT courts; 15 (iv) the administrative unit allocated responsibility for the 16 administration of corrective services; 17 (v) the administrative unit allocated responsibility for the 18 administration of youth justice; 19 (vi) the administrative unit allocated responsibility for 20 restorative justice; 21 (b) 3 people who, in the Minister's opinion, represent the interests 22 of victims services groups; 23 (c) 1 person who, in the Minister's opinion, represents the interests 24 of indigenous communities; 25 (d) 1 person who is a lawyer. page 12 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 (2) A member must be employed, practise, or live, in the ACT. 2 (3) The Minister must not appoint a public servant as a member 3 mentioned in subsection (1) (b) to (d). 4 Note 1 For the making of appointments (including acting appointments), see 5 the Legislation Act, pt 19.3. 6 Note 2 In particular, an appointment may be made by naming a person or 7 nominating the occupant of a position (see Legislation Act, s 207). 8 Note 3 Certain Ministerial appointments require consultation with an Assembly 9 committee and are disallowable (see Legislation Act, div 19.3.3). 10 Note 4 A person may be reappointed to a position if the person is eligible to be 11 appointed to the position (see Legislation Act, s 208 and dict, pt 1, 12 def appoint). 13 22E Chair 14 The chair of the board is the chief executive. 15 22F Conditions of appointment generally 16 (1) An appointed member holds the position on a part-time basis. 17 (2) An appointed member holds the position on terms not provided by 18 this Act or another territory law that are decided by the Minister. 19 22G Term of appointment 20 (1) An appointed member must be appointed for not longer than 21 3 years. 22 (2) The Minister must end the appointment of-- 23 (a) an appointed member mentioned in section 22D (1) (a) if the 24 Minister is satisfied that the member is no longer the 25 representative of the entity the member was appointed to 26 represent; or Victims of Crime Amendment Bill 2010 page 13 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 (b) an appointed member mentioned in section 22D (1) (b) or (c) if 2 the Minister is satisfied that the member no longer represents 3 the interests of the group or community the member was 4 appointed to represent; or 5 (c) any member if the member ceases to be eligible for 6 appointment. 7 (3) The Minister may end the appointment of an appointed member-- 8 (a) for misbehaviour or physical or mental incapacity; or 9 (b) if the member becomes bankrupt or personally insolvent; or 10 (c) if the member is absent for 3 consecutive meetings; or 11 (d) if the member is convicted of an indictable offence; or 12 (e) if the member fails to comply with section 22J (Disclosure of 13 interests) without reasonable excuse. 14 Note A person's appointment also ends if the person resigns (see Legislation 15 Act, s 210). 16 Division 4A.2 Proceedings of board 17 22H Time and place of meetings 18 (1) Meetings of the board are to be held at the times and places it 19 decides. 20 (2) However, the board must meet at least twice every year. 21 (3) The chair-- 22 (a) may at any time call a meeting of the board; and 23 (b) must call a meeting if asked to do so by the Minister or at least 24 7 members. page 14 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 13 1 22I Procedures governing conduct of meetings 2 (1) The chair presides at all meetings at which the chair is present. 3 (2) If the chair is absent, the member chosen by the members present 4 presides. 5 (3) The board may decide the procedure to be followed for a meeting. 6 (4) At a meeting of the board-- 7 (a) 7 members form a quorum; and 8 (b) each member has a vote on each question to be decided; and 9 (c) a question is to be decided by a majority of the votes of the 10 members present and voting but, if the votes are equal, the 11 member presiding has a casting vote. 12 (5) The board must keep minutes of its meetings. 13 22J Disclosure of interests 14 (1) This section applies to a member of the board if-- 15 (a) the member has a direct or indirect financial interest in an issue 16 being considered, or about to be considered, by the board; and 17 (b) the interest could conflict with the proper exercise of the 18 member's functions in relation to the board's consideration of 19 the issue. 20 (2) As soon as practicable after the relevant facts come to the member's 21 knowledge, the member must disclose the nature of the interest to a 22 meeting of the board. 23 (3) The disclosure must be recorded in the board's minutes and, unless 24 the board otherwise decides, the member must not-- 25 (a) be present when the board considers the issue; or 26 (b) take part in a decision of the board on the issue. Victims of Crime Amendment Bill 2010 page 15 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 14 1 14 Part 6 2 substitute 3 Part 6 Miscellaneous 4 28 Protection from liability 5 (1) An official is not civilly liable for conduct engaged in honestly and 6 without recklessness-- 7 (a) in the exercise of a function under this Act; or 8 (b) in the reasonable belief that the conduct was in the exercise of 9 a function under this Act. 10 (2) Any civil liability that would, apart from this section, attach to the 11 official attaches instead to the Territory. 12 (3) In this section: 13 conduct means an act or omission to do an act. 14 official means-- 15 (a) the commissioner; or 16 (b) a member of the staff of the commissioner; or 17 (c) a person authorised under this Act to do or not to do a thing. 18 29 Secrecy 19 (1) A person to whom this section applies commits an offence if-- 20 (a) the person-- 21 (i) makes a record of protected information about someone 22 else; and 23 (ii) is reckless about whether the information is protected 24 information about someone else; or page 16 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 14 1 (b) the person-- 2 (i) does something that divulges protected information about 3 someone else; and 4 (ii) is reckless about whether-- 5 (A) the information is protected information about 6 someone else; and 7 (B) doing the thing would result in the information 8 being divulged to someone else. 9 Maximum penalty: 50 penalty units, imprisonment for 6 months or 10 both. 11 (2) Subsection (1) does not apply if the record is made, or the 12 information is divulged-- 13 (a) under this Act or another territory law; or 14 (b) in relation to the exercise of a function, as a person to whom 15 this section applies, under this Act or another territory law. 16 Note The defendant has an evidential burden in relation to the matters 17 mentioned in s (2) (see Criminal Code, s 58). 18 (3) Subsection (1) does not apply to the divulging of protected 19 information about someone with the person's consent. 20 Note The defendant has an evidential burden in relation to the matters 21 mentioned in s (3) (see Criminal Code, s 58). 22 (4) A person to whom this section applies need not divulge protected 23 information to a court, or produce a document containing protected 24 information to a court, unless it is necessary to do so for this Act or 25 another territory law. Victims of Crime Amendment Bill 2010 page 17 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 15 1 (5) In this section: 2 court includes a tribunal, authority or person having power to 3 require the production of documents or the answering of questions. 4 divulge includes communicate. 5 person to whom this section applies means a person who-- 6 (a) is or has been-- 7 (i) the commissioner; or 8 (ii) a member of the staff of the commissioner; or 9 (b) exercises, or has exercised, a function under this Act. 10 produce includes allow access to. 11 protected information means information about a person that is 12 disclosed to, or obtained by, a person to whom this section applies 13 because of the exercise of a function under this Act by the person or 14 someone else. 15 30 Regulation-making power 16 The Executive may make regulations for this Act. 17 Note A regulation must be notified, and presented to the Legislative 18 Assembly, under the Legislation Act. 19 15 Dictionary, note 2 20 insert 21 · adult 22 · bankrupt or personally insolvent 23 · child 24 · domestic partner (see s 169 (1)) 25 · human rights commission page 18 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 16 1 16 Dictionary, note 2 2 omit 3 · law, of the Territory 4 17 Dictionary, note 2 5 insert 6 · ombudsman 7 · parent 8 · public servant 9 · territory law 10 18 Dictionary, new definitions 11 insert 12 appointed member--see section 22C (1) (c). 13 board means the victims advisory board. 14 commissioner means the Victims of Crime Commissioner appointed 15 under section 7. 16 19 Dictionary, definition of coordinator 17 omit 18 20 Dictionary, new definitions 19 insert 20 governing principles means the principles mentioned in section 4. 21 guardian--see section 6 (3). Victims of Crime Amendment Bill 2010 page 19 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 21 1 21 Dictionary, definition of harm 2 omit 3 22 Dictionary, new definition of primary victim 4 insert 5 primary victim--see section 6. 6 23 Dictionary, definition of victim 7 substitute 8 victim--see section 6. 9 24 Dictionary, new definition of victims advisory board 10 insert 11 victims advisory board means the board established under 12 section 22A. page 20 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 25 1 Part 3 Victims of Crime Regulation 2000 2 25 Part 2 3 omit 4 26 Responsible service agency 5 Section 21 6 omit 7 27 Section 22 8 omit everything before paragraph (a), substitute 9 22 Commissioner's functions--victims services scheme 10 For the Act, section 19 (2) (e), the commissioner's functions are-- 11 28 Section 22 (b) 12 omit 13 and the guidelines made under section 17 (Guidelines) 14 29 Section 22 (f) 15 substitute 16 (f) to report to the chief executive every 6 months on the services 17 the commissioner provides or arranges; and 18 30 Section 22 (k) and (l) 19 substitute 20 (k) to provide victims with information and assistance about the 21 criminal justice system, the operation of the victims services 22 scheme and complaint procedures; and Victims of Crime Amendment Bill 2010 page 21 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 31 1 (l) to keep financial records of the commissioner's operations 2 under the victims services scheme. 3 31 Section 23 4 substitute 5 23 Employment etc of people--contact with eligible victims 6 (1) Subsection (2) applies to the employment or engagement of a person 7 who will have contact with eligible victims. 8 (2) The commissioner must-- 9 (a) be satisfied that the person has-- 10 (i) qualifications or experience in working with victims and 11 with people from a diversity of ethnic and cultural 12 backgrounds; and 13 (ii) experience or knowledge of working in a 14 multidisciplinary team environment; and 15 (b) assess and evaluate the victims services the person provides; 16 and 17 (c) encourage the person to undertake continuing education in the 18 provision of services to victims; and 19 (d) take steps to ensure the person is familiar with the Human 20 Rights Commission Act 2005. 21 (3) The commissioner must take reasonable steps to ensure that a 22 person employed or engaged by the Territory who has been 23 convicted of a serious crime does not have contact with an eligible 24 victim. page 22 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 32 1 32 Eligible victims under the victims services scheme 2 Section 24 3 omit 4 responsible service agency 5 substitute 6 commissioner 7 33 Definitions--div 3.2 8 Section 25 9 omit 10 responsible service agency 11 substitute 12 commissioner 13 34 Section 25, definition of reviewable decision 14 omit 15 committee 16 substitute 17 health services commissioner 18 35 Sections 25A, 26 and 26A 19 omit 20 responsible service agency 21 substitute 22 commissioner Victims of Crime Amendment Bill 2010 page 23 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 36 1 36 Review by internal reviewer 2 Section 27 (1) and (2) 3 substitute 4 (1) The internal reviewer for an internally reviewable decision must 5 review the decision within 28 days (the 28-day period) after the day 6 the commissioner receives the application for review of the 7 internally reviewable decision. 8 37 Eligibility Review Committee 9 Section 28 10 omit 11 38 Applications to committee for internal review 12 Section 29 13 omit 14 committee 15 substitute 16 health services commissioner 17 39 Section 30 18 substitute 19 30 Review by health services commissioner 20 (1) The health services commissioner must review the internal 21 reviewer's decision within 28 days (the 28-day period) after the day 22 the health services commissioner receives the application for review 23 of the internal reviewer's decision. 24 (2) The health services commissioner must-- 25 (a) confirm the decision; or 26 (b) vary the decision; or page 24 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 40 1 (c) set aside the decision and substitute the health services 2 commissioner's own decision. 3 (3) If the decision is not varied or set aside within the 28-day period, the 4 decision is taken to have been confirmed by the health services 5 commissioner. 6 40 Reviewable decision notices 7 Section 31 8 omit 9 committee 10 substitute 11 health services commissioner 12 41 Level 1 service 13 Section 33 (3) 14 omit 15 responsible service agency 16 substitute 17 commissioner 18 42 Level 2 service 19 Section 34 (3) 20 omit 21 responsible service agency 22 substitute 23 commissioner Victims of Crime Amendment Bill 2010 page 25 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 43 1 43 Section 34 (8) 2 substitute 3 (8) After the level 2 service contact hours have been given in 4 accordance with the care plan, the commissioner, or the service 5 provider who provided the level 2 service contact hours, must 6 prepare and give a closure report to the case coordinator. 7 44 Level 3 service 8 Section 35 (5) 9 substitute 10 (5) After the level 3 service contact hours have been given in 11 accordance with the revised care plan, the commissioner, or the 12 service provider who provided the level 3 service contact hours, 13 must prepare and give a closure report to the case coordinator. 14 45 Section 36 15 substitute 16 36 Exceptional cases 17 (1) This section applies if the case coordinator for an eligible victim 18 makes a written recommendation to the commissioner that-- 19 (a) on information available to the case coordinator, further 20 contact hours in addition to level 3 service contact hours would 21 give substantial therapeutic benefit to the victim; and 22 (b) it is impossible or impractical to provide the further contact 23 hours under a scheme or program other than the victims 24 services scheme. 25 (2) The commissioner must consider the recommendation and decide 26 whether or not to carry out the recommendation, or a variation of it. page 26 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 46 1 (3) After the further contact hours have been given, the commissioner, 2 or the service provider who provided the service, must prepare and 3 give a closure report to the case coordinator. 4 (4) The closure report must include particulars of the number of contact 5 hours and the extent to which the rehabilitation goals of the revised 6 care plan were achieved. 7 (5) On receiving the closure report for the victim, the case coordinator 8 must carry out case closure in relation to the victim. 9 (6) In this section: 10 substantial therapeutic benefit, for a victim, includes achieving his 11 or her rehabilitation goals if-- 12 (a) the victim has almost achieved his or her rehabilitation goals at 13 the time the victim's level 3 service contact hours have 14 finished; or 15 (b) the victim will not achieve his or her rehabilitation goals within 16 level 3 service contact hours because of the extent and 17 complexity of the harm suffered by the victim. 18 46 How contact hours are provided 19 Section 37 (1) 20 substitute 21 (1) Contact hours for an eligible victim who lives in the ACT must be 22 provided by-- 23 (a) the commissioner; or 24 (b) an approved service provider; or 25 (c) with the written approval of the commissioner--a person who 26 is not an approved service provider. Victims of Crime Amendment Bill 2010 page 27 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 47 1 47 Section 37 (2) and (3) 2 omit 3 responsible service agency 4 substitute 5 commissioner 6 48 Section 38 7 substitute 8 38 Arbitration--care plans 9 If, for an eligible victim who is entitled to receive level 2 or level 3 10 service, the case coordinator and service provider do not agree about 11 the content of a care plan, the need for additional contact hours or 12 both, the case coordinator must refer the issue in writing to an 13 independent arbitrator nominated by the commissioner. 14 49 Approved service providers 15 Section 40 (1) and (2) 16 omit 17 board 18 substitute 19 commissioner 20 50 Section 40 (3) 21 omit page 28 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 51 1 51 Criteria for approval 2 Section 41 3 omit 4 board 5 substitute 6 commissioner 7 52 Section 41 (a) (i) 8 substitute 9 (i) has qualifications or experience in working with victims 10 and with people from a diversity of ethnic and cultural 11 backgrounds; and 12 53 Section 41 (d) 13 omit 14 54 New section 41 (2) 15 insert 16 (2) For section 37 (1) and (2), the commissioner may only approve the 17 use of a person who is not an approved service provider if satisfied 18 that the person meets the criteria mentioned in subsection (1). 19 55 Section 42 20 substitute 21 42 Suspension of approval 22 The commissioner may suspend the approval of a service provider 23 if-- 24 (a) the commissioner is no longer satisfied on reasonable grounds 25 of the matters mentioned in section 41; or Victims of Crime Amendment Bill 2010 page 29 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 56 1 (b) the service provider is a suspect in an investigation of an 2 indictable offence; or 3 (c) the service provider has been the subject of a complaint to the 4 human rights commission and the complaint has not been 5 decided or has been upheld. 6 56 Cancellation of approval 7 Section 43 8 omit 9 board 10 substitute 11 commissioner 12 57 Section 45 13 substitute 14 45 Special financial assistance--statements 15 If a primary victim asks the commissioner for a statement and 16 certificate under the Victims of Crime (Financial Assistance) 17 Act 1983, section 27, the commissioner must provide the statement 18 and certificate. 19 58 Reviewable decision notices 20 Section 46A 21 omit 22 board 23 substitute 24 commissioner page 30 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 59 1 59 New section 47A 2 in part 4, insert 3 47A Guidelines--victims services scheme etc 4 (1) The commissioner may make guidelines about-- 5 (a) the way a victim is assessed for eligibility to use the victims 6 services scheme; and 7 (b) the employment or engagement of people who will have 8 contact with eligible victims; and 9 (c) the preparation, content and implementation of care plans; and 10 (d) the eligibility of entities to be approved or used as service 11 providers; and 12 (e) the referral of victims to service providers or other entities 13 dealing with victims; and 14 (f) the establishment and operation of volunteer programs; and 15 (g) the internal review of decisions made by the commissioner; 16 and 17 (h) the holding of indemnity insurance by service providers; and 18 (i) other matters necessary or convenient to be decided with 19 respect to the victims services scheme. 20 (2) Guidelines are a notifiable instrument. 21 Note A notifiable instrument must be notified under the Legislation Act. Victims of Crime Amendment Bill 2010 page 31 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 60 1 60 Guidelines--volunteers 2 Section 48 3 omit 4 board 5 substitute 6 commissioner 7 61 New section 48A 8 insert 9 48A Independent arbitrators 10 (1) The commissioner may approve independent arbitrators for this 11 regulation. 12 (2) A person is eligible to be approved as an independent arbitrator only 13 if the person is an approved service provider. 14 (3) The commissioner must keep a list of approved independent 15 arbitrators. 16 (4) The commissioner must keep the list open for inspection (without 17 charge) by an eligible victim. 18 (5) If asked by an eligible victim, the commissioner must give a copy of 19 the list (without charge) to the victim. 20 62 Section 50 heading 21 substitute 22 50 Determination of fees for services provided by service 23 providers page 32 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 63 1 63 Section 50 (1) 2 omit 3 approved service provider 4 substitute 5 service provider 6 64 Dictionary, note 2 7 omit 8 · bankrupt or personally insolvent 9 · dentist 10 · doctor 11 65 Dictionary, note 2 12 insert 13 · health services commissioner 14 66 Dictionary, note 3 15 insert 16 · commissioner 17 · victims advisory board 18 67 Dictionary, definitions of AFP member and appointed 19 member 20 omit Victims of Crime Amendment Bill 2010 page 33 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 68 1 68 Dictionary, definition of board 2 substitute 3 board means the victims advisory board. 4 69 Dictionary 5 omit the definitions of 6 chairperson 7 committee 8 community support member 9 courts member 10 deputy chairperson 11 DPP member 12 70 Dictionary, definition of health practitioner member 13 omit 14 71 Dictionary, definition of independent arbitrator 15 omit 16 section 18 17 substitute 18 section 48A page 34 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Section 72 1 72 Dictionary 2 omit the definitions of 3 indigenous member 4 justice member 5 legal profession member 6 manager 7 migrant member 8 psychiatrist/psychologist member 9 responsible service agency 10 victims groups member 11 youth policy and services member Victims of Crime Amendment Bill 2010 page 35 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 Crimes (Sentencing) Act 2005 Amendment [1.1] 1 Schedule 1 Consequential amendments 2 (see s 3) 3 Part 1.1 Crimes (Sentencing) Act 2005 4 [1.1] Section 136 (4) (h) 5 omit 6 coordinator 7 substitute 8 commissioner 9 Part 1.2 Remuneration Tribunal Act 1995 10 [1.2] Schedule 1, part 1.2 11 insert 12 · victims of crime commissioner 13 Part 1.3 Territory Records Regulation 14 2009 15 [1.3] Schedule 1, items 21 and 22 16 substitute 21 Victims Advisory Board chair of the board 22 Victims of Crime Commissioner victims of crime commissioner page 36 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Victims of Crime (Financial Assistance) Act 1983 Part 1.4 Amendment [1.4] 1 [1.4] Dictionary, definitions of Victims Assistance Board and 2 Victims of Crime Coordinator 3 substitute 4 Victims Advisory Board means the Victims Advisory Board 5 established under the Victims of Crime Act 1994, section 22A. 6 Victims of Crime Commissioner means the Victims of Crime 7 Commissioner appointed under the Victims of Crime Act 1994, 8 section 7. 9 Part 1.4 Victims of Crime (Financial 10 Assistance) Act 1983 11 [1.5] Section 27 (1) (b) (v) 12 omit 13 person in charge of the responsible service agency prescribed by 14 regulation 15 substitute 16 commissioner Victims of Crime Amendment Bill 2010 page 37 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 38 Victims of Crime Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au