Australian Capital Territory Consolidated Acts

VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 1983

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   2A.     Notes  
   3.      What is a violent crime?  
   4.      What is a criminal injury?  
   5.      References to applications and awards made on behalf of other people  
   6.      References to convictions—finding of proof without proceeding to  
   7.      Evidence of criminal conduct  
   8.      Legal incapacity—criminal intent  

   PART 2--ELIGIBILITY FOR FINANCIAL ASSISTANCE

           Division 2.1--Financial assistance for primary victims and responsible people

   9.      Who is a primary victim?  
   10.     Financial assistance for primary victims and responsible people  
   11.     What is an extremely serious injury?  
   12.     No financial assistance for primary victims or responsible  
   13.     Exhaustion of workers compensation remedies  
   14.     Maximum award—primary victims and responsible people  
   15.     Victims services scheme—primary victims  

           Division 2.2--Financial assistance for related victims

   16.     Who is a related victim?  
   17.     Financial assistance for related victims  
   18.     No financial assistance for related victims  
   19.     Maximum award—related victims  
   20.     Victims services scheme—related victims  

           Division 2.3--Financial assistance for eligible property owners

   21.     Who is an eligible property owner?  
   22.     Financial assistance for eligible property owners  
   23.     Maximum award—eligible property owners  
   24.     No financial assistance for eligible property owners  
   25.     Victims services scheme—eligible property owners  

   PART 3--AWARD OF FINANCIAL ASSISTANCE

           Division 3.1--Procedure

   26.     Jurisdiction of Magistrates Court  
   27.     Application for financial assistance  
   28.     Proceedings on applications  
   29.     Civil standard of proof  
   30.     Medical examinations  

           Division 3.2--General criteria

   31.     Relevant considerations  
   32.     Expenses—victims services scheme  
   33.     Dismissal of application—set-offs exceeding entitlements  

           Division 3.3--Set-offs—primary victims, responsible people and eligible property owners

   34.     Application of div 3.3—primary victims, responsible people and eligible property  
   35.     Set-offs—other entitlements of primary victims, responsible people and eligible property  
   36.     Set-offs—special assistance for primary victims  
   37.      U Set-offs—intoxication of primary victims [See Endnotes]  
   38.     Set-offs—minor crimes by primary victims and eligible property owners  

           Division 3.4--Set-offs—related victims

   39.     Application of div 3.4—related victims  
   40.     Set-offs—other entitlements of related victims  
   41.     Set-offs—special assistance for related victims  

           Division 3.5--Miscellaneous

   42.     Adjournment of proceedings pending ascertainment of set-off amounts  
   43.     Interim awards  
   44.     Conditions of awards of financial assistance  
   45.     Restriction on publication  
   46.     Variation of final awards of financial assistance  
   47.     Legal fees  
   48.     Territory liability to pay financial assistance  
   49.     Copies of awards and arrangements for payment  
   50.     Prohibition on financial assistance being applied to other purposes by operation of law or  
   51.     Other rights not affected  

   PART 4--RECOVERY OF FINANCIAL ASSISTANCE

           Division 4.1--Preliminary

   52.     Definitions—pt 4  

           Division 4.2--Recovery from assisted people

   53.     Repayment of financial assistance if civil damages recovered  

           Division 4.3--Recovery from offenders

   54.     Provisional order for restitution  
   55.     Notice of objection by defendant  
   56.     Confirmation of provisional order—no recovery proceedings  
   57.     Confirmation of provisional order—recovery proceedings in Magistrates  
   58.     Arrangements for payment under order for restitution  
   59.     Confirmed order for restitution  
   60.     Effect of appeals against award of financial assistance, and variations of  
   61.     Appeals to Supreme Court  
   61A.    Order for restitution—judgment debt  
   61B.    Recovery under restitution orders—Confiscation of Criminal Assets  
   62.     Effect of order for restitution on civil proceedings  
   63.     Access to information about defendant's whereabouts  

           Division 4.4--Reimbursement of offenders

   64.     Reimbursement of offender if amounts paid under div 4.2 and div 4.3  

   PART 5--COMPENSATION LEVY

   65.     Meaning of levy—pt 5  
   66.      U Application—pt 5 [See Endnotes]  
   67.     Extended meaning of convicted—pt 5  
   68.     Imposition of levy  
   69.     Exemptions  
   70.     Effect of appeal etc  

   PART 6--MISCELLANEOUS

   71.     Registrar's annual report  
   73.     Approved forms  
   73A.    Regulation-making power  
           DICTIONARY
           ENDNOTES