VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 2016

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Name of Act  
• 3 Dictionary  
• 4 Notes  
• 5 Offences against Act—application of Criminal Code etc  
• 6 Object of Act  

PART 2--IMPORTANT CONCEPTS

• 7 Meaning of act of violence  
• 8 Meaning of circumstance of aggravation for an offence  
• 9 Meaning of injury  
• 10 Meaning of homicide  
• 11 Meaning of primary victim  
• 12 Meaning of related victim  
• 13 Meaning of class A related victim  
• 14 Meaning of class B related victim  
• 15 Meaning of class C related victim  
• 16 Meaning of homicide witness  
• 17 Meaning of close family member  

PART 3--FINANCIAL ASSISTANCE

Division 3.1--Eligibility

• 18 Eligibility for financial assistance  
• 19 Primary victim  
• 20 Class A related victim  
• 21 Class B related victim  
• 22 Class C related victim  
• 23 Homicide witness  

Division 3.2--Amount of financial assistance

• 24 Maximum total financial assistance  
• 25 CPI indexation of certain prescribed amounts  

Division 3.3--Financial assistance

• 26 Immediate need payment  
• 27 Economic loss payment  
• 28 Recognition payment for primary victim  
• 29 Recognition payment for class A related victim  
• 30 Recognition payment for class B related victim  

Division 3.4--Applications for financial assistance

• 31 Application to commissioner  
• 32 Time for making application  
• 33 Notice of repayment and recovery procedures  
• 34 Withdrawal of application  
• 35 Amendment of application before commissioner's decision  
• 36 Application lapses if no contact with commissioner  
• 37 Application lapses on death of applicant  

Division 3.5--Commissioner may ask for information when deciding applications for financial assistance

• 38 Power to ask for further information  
• 39 Power to ask for examination by health practitioner  
• 40 Power to ask for information from chief police officer  
• 41 Power to ask for information from registrar  

Division 3.6--Deciding applications for financial assistance

• 42 Time for deciding application for financial assistance  
• 43 Deciding matters relevant to application for financial assistance  
• 44 Deciding whether applications involve related acts of violence  
• 45 Circumstances in which financial assistance must not be given  
• 46 Deciding amount of financial assistance  
• 47 Reducing amount of financial assistance  
• 48 How financial assistance may be given  

Division 3.7--Variation of amount of financial assistance

• 49 Application to vary amount of financial assistance previously received  
• 50 Deciding varied amount of financial assistance  

PART 4--FUNERAL EXPENSES

• 51 Eligibility to apply for funeral expense payment  
• 52 Application for funeral expense payment  
• 53 Amount of funeral expense payment  
• 54 Time for making application for funeral expense payment  
• 55 Notice of repayment and recovery procedures to applicant for funeral expense  
• 56 Withdrawal of application for funeral expense payment  
• 57 Amendment of application before commissioner's decision for funeral expense  
• 58 Application for funeral expense payment lapses if no contact with  
• 59 Application lapses on death of applicant for funeral expense payment  
• 60 Deciding application for funeral expense payment  
• 61 How funeral expense payment may be given  

PART 5--REPAYMENT OF FINANCIAL ASSISTANCE AND FUNERAL EXPENSES BY ASSISTED PERSON

• 62 Definitions—pt 5  
• 63 Suspension of financial assistance or funeral expense payment  
• 64 Assisted person must notify commissioner about associated payment  
• 65 Assisted person liable for repayment amount  
• 66 Repayment arrangement notice  
• 67 Repayment direction notice  
• 68 Death of assisted person before repayment made  

PART 6--RECOVERY FROM OFFENDER

• 69 Definitions—pt 6  
• 70 Offender liable to repay recoverable amount  
• 71 Commissioner must decide whether to take recovery action etc  
• 72 Commissioner must assess risks associated with recovery action  
• 73 Commissioner must consult assisted person before giving recovery intention notice to  
• 74 Recovery intention notice  
• 75 Commissioner may ask registrar for information relevant to recovery  
• 76 Commissioner must not give offender confidential information  
• 77 Recovery notice  
• 78 Arrangement for payment of recoverable amount  
• 79 Commissioner may ask government agency for offender's home address for recovery  

PART 7--VICTIMS FINANCIAL ASSISTANCE LEVY

• 80 Meaning of offence—pt 7  
• 81 Meaning of convicted and convicts—pt 7  
• 82 Imposition of victims financial assistance levy  
• 83 Exemptions  
• 84 Effect of appeal etc  

PART 8--ADMINISTRATION

• 85 Meaning of official—pt 8  
• 86 Functions of commissioner  
• 87 Commissioner's guidelines  
• 88 Protection of officials from liability  
• 89 Secrecy  

PART 9--NOTIFICATION AND REVIEW OF DECISIONS

• 90 Definitions—pt 9  
• 91 Internal review notices  
• 92 Applications for reconsideration  
• 93 Reconsideration of decisions  
• 94 Reviewable decision notice  
• 95 Applications for review  

PART 10--MISCELLANEOUS

• 96 Limitation on lawyers legal costs  
• 97 WPI indexation of lawyers legal costs  
• 99 Determination of fees  
• 100 Approved forms  
• 101 Regulation-making power  
• SCHEDULE 1
• SCHEDULE 2
DICTIONARY ENDNOTES