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This is a Bill, not an Act. For current law, see the Acts databases.
Anti-Discrimination Amendment
(Offender Compensation) Act 2007
No 3
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Anti-Discrimination Act 1977 No 48 2
4 Repeal of Act 2
Schedule 1 Amendments 3
New South Wales
Anti-Discrimination Amendment
(Offender Compensation) Act 2007
No 3
Act No 3, 2007
An Act to amend the Anti-Discrimination Act 1977 with respect to damages for
conduct involving offenders in custody. [Assented to 6 June 2007]
Section 1 Anti-Discrimination Amendment (Offender Compensation) Act 2007 No 3
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Anti-Discrimination Amendment (Offender
Compensation) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Anti-Discrimination Act 1977 No 48
The Anti-Discrimination Act 1977 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Anti-Discrimination Amendment (Offender Compensation) Act 2007 No 3
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 111A
Insert after section 111:
111A Compensation to offenders in custody--payment to Victims
Compensation Fund
(1) In this section:
offender damages means damages ordered by the Tribunal under
this Division to be paid to a person:
(a) by way of compensation for any loss or damage suffered
by reason of the conduct of a protected defendant that
occurred while the person was an offender in custody, or
(b) by way of compensation for failure by a protected
defendant to comply with an order of the Tribunal made in
connection with a complaint about any such conduct.
offender in custody and protected defendant have the same
meanings as in Part 2A (Special provisions for offenders in
custody) of the Civil Liability Act 2002.
(2) A protected defendant who is liable to pay offender damages to a
person must not pay the damages to the person and instead must
pay the amount of the damages into the Victims Compensation
Fund established under the Victims Support and Rehabilitation
Act 1996 to be expended as money forming part of that Fund.
(3) Payment of an amount of damages into the Victims
Compensation Fund by a protected defendant pursuant to this
section discharges the protected defendant's liability to pay the
damages to the person to whom the damages were ordered to be
paid.
(4) This section extends to any interest that accrues on an amount of
damages and a reference in this section to damages includes
interest on damages.
(5) This section does not apply to any costs payable pursuant to an
order of the Tribunal.
(6) This section does not apply to any offender damages that are
excluded by the regulations from the operation of this section.
Page 3
Anti-Discrimination Amendment (Offender Compensation) Act 2007 No 3
Schedule 1 Amendments
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Anti-Discrimination Amendment (Offender Compensation) Act
2007
[3] Schedule 1, Part 6
Insert after Part 5 of Schedule 1:
Part 6 Anti-Discrimination Amendment (Offender
Compensation) Act 2007
17 Operation of amendment
(1) Section 111A (Compensation to offenders in custody--payment
to Victims Compensation Fund) as inserted by the
Anti-Discrimination Amendment (Offender Compensation) Act
2007 extends to:
(a) an order for the payment of damages made in proceedings
before the Tribunal commenced before the
commencement of that section but does not extend to such
an order made before 29 May 2007, and
(b) an order for the payment of damages made before the
commencement of that section (but on or after 29 May
2007) unless the damages concerned have been paid
pursuant to the order before the commencement of that
section.
Note. 29 May 2007 is the date on which notice of motion was given in
Parliament for the introduction of the Bill for the above amending Act.
(2) If an amount that is the subject of an order referred to in subclause
(1) (b) is paid into the Victims Compensation Fund on or after 29
May 2007 (but before the commencement of section 111A),
being a payment that would be required to be made by section
111A had that section been in force at the time of the payment:
(a) the payment is validated, and
Page 4
Anti-Discrimination Amendment (Offender Compensation) Act 2007 No 3
Amendments Schedule 1
(b) section 111A applies in respect of the payment as if that
section had been in force when the payment was made.
(3) A regulation made pursuant to section 111A (6) can be expressed
to extend to an order for the payment of damages made before the
commencement of the regulation.
[Agreement in principle speech made in Legislative Assembly on 29 May 2007
Second reading speech made in Legislative Council on 30 May 2007]
BY AUTHORITY
Page 5
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