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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Victims Compensation Amendment
Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Victims Compensation Act 1996 No 115 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Victims Compensation Amendment
Bill 2000
Act No , 2000
An Act to amend the Victims Compensation Act 1996 to make further provision
with respect to payments for approved counselling services, compensation for
family victims and compensation in respect of psychological or psychiatric
disorder; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Victims Compensation Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Victims Compensation Amendment Act 2000.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by this section.
(2) Schedule 1 [22][24] commence on the date of assent.
3 Amendment of Victims Compensation Act 1996 No 115
The Victims Compensation Act 1996 is amended as set out in
Schedule 1.
Page 2
Victims Compensation Amendment Bill 2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Long title
Omit "compensation to". Insert instead "support and rehabilitation for".
[2] Section 1 Name of Act
Omit "Compensation". Insert instead "Support and Rehabilitation".
[3] Section 3 Objects of Act
Omit section 3 (a). Insert instead:
(a) to provide support and rehabilitation for victims of
crimes of violence by giving effect to an approved
counselling scheme and a statutory compensation
scheme,
[4] Section 3 (b) and (c)
Insert "compensation" after "statutory" wherever occurring.
[5] Part 2, heading
Omit "Statutory".
Insert instead "Approved counselling scheme and statutory".
[6] Section 16 Compensation payable to family victims
Omit section 16 (3) (a). Insert instead:
(a) the person was dependent on the primary victim at the
relevant time, or
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Victims Compensation Amendment Bill 2000
Schedule 1 Amendments
[7] Part 2, Division 3A
Omit section 21. Insert instead:
Division 3A Approved counselling scheme
21 Special payments for approved counselling services
(1) In this section:
approved counselling services means services provided by a
professional counsellor chosen by the victim from a list of
counsellors approved by the Director under section 21A.
relevant family member means a person who is a relative of a
primary victim who has died as a result of an act of violence,
but who is not a family victim within the meaning of this Act.
victim means:
(a) a family victim, or
(b) a primary victim or a secondary victim, or
(c) a person who is a victim of an act of violence but who,
merely because the person did not receive a
compensable injury, is not a primary victim or
secondary victim within the meaning of this Act, or
(d) a relevant family member,
but does not include a person who is the victim of an act of
violence arising in the circumstances described in section 24
(2), (3) or (4).
(2) A victim may apply for payment for approved counselling
services for the victim as a consequence of an act of violence.
Such an application is to be made to the Director.
(3) Payments for approved counselling services for a victim (other
than a family victim or relevant family member) may be made:
(a) for an initial period of 2 hours of counselling (including
counselling for the purposes of an application for
continued counselling), and
(b) for such further periods of counselling (not exceeding
20 hours) as may be considered appropriate by a
compensation assessor.
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Victims Compensation Amendment Bill 2000
Amendments Schedule 1
(4) Payments for approved counselling services for a victim who
is a family victim or relevant family member may be made:
(a) for a period of up to 20 hours of counselling, and
(b) for such further periods of counselling as may be
requested by the family victim or relevant family
member.
(5) Payments may be made for approved counselling services even
though:
(a) the victim is entitled to workers compensation in
respect of the act of violence concerned or is awarded
compensation by a court under Part 4, or
(b) the maximum amount of statutory compensation is
payable in respect of the act of violence concerned.
(6) Payments for approved counselling services may be made only
with the approval of a compensation assessor. Any payments
for a period of counselling to the extent to which it exceeds 20
hours may be made only with the approval of the Director.
(7) Payments for approved counselling services are to be made
from the Compensation Fund directly to the service provider,
except that payments for an initial period referred to in
subsection (3) (a) may be made from that Fund by way of
reimbursement of the victim if it was not reasonably practicable
for the victim to obtain the approval for the payment before
undertaking the counselling.
(8) An appeal does not lie to the Tribunal against a decision of a
compensation assessor or the Director under this section.
However, a decision of a compensation assessor may be
reviewed by the Director and a decision of the Director may be
reviewed by a member of the Tribunal.
(9) The rules may make provision for or with respect to payments
for approved counselling services, including the application
(with or without modification) of the provisions of this Act
relating to statutory compensation.
[8] Section 22 Secondary or family victims
Omit section 22 (4).
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Victims Compensation Amendment Bill 2000
Schedule 1 Amendments
[9] Section 29 Determination of applications
Insert after section 29 (1):
(1A) An award of statutory compensation may be made to a family
victim whenever the compensation assessor who is determining
the application is satisfied that there is no other family victim
who is likely to make an application for statutory
compensation.
(1B) For the purposes of subsection (1A), the compensation assessor
may assume that there is no other family victim who is likely
to make an application if:
(a) 3 months has elapsed since the application being
determined was lodged, and
(b) no other family victim has lodged an application or
notified the Director that an application is intended to be
made.
[10] Section 30 Reasons for not making award or for reducing amount of
compensation payable
Insert after section 30 (1) (d):
(d1) whether that victim failed to take reasonable steps to
mitigate the extent of the injury sustained by the victim,
such as seeking appropriate medical advice or
treatment, or undertaking counselling, as soon as
practicable after the act of violence was committed,
[11] Section 30 (5)
Insert "(other than subsection (3))" after "This section".
[12] Section 33A
Insert after section 33:
33A Reimbursement of persons who incur funeral expenses
(1) This section applies if:
(a) one or more family victims of an act of violence are
eligible for statutory compensation, and
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Victims Compensation Amendment Bill 2000
Amendments Schedule 1
(b) reasonable expenses relating to the funeral of the
primary victim have been incurred by a person who is
not eligible for statutory compensation as a family
victim.
(2) Such a person may apply for payment of the amount of the
reasonable funeral expenses incurred by the person. Such an
application is to be made to the Director.
(3) A compensation assessor may approve payment to the person
of an amount that the assessor considers to be fair and
reasonable.
(4) Any such payment:
(a) is to be paid from the amount of statutory
compensation for which the family victims are eligible,
and
(b) is taken to be an award of statutory compensation
despite section 6.
(5) Accordingly, and despite section 16, the amount of $50,000
payable to the family victims concerned may be reduced if an
application for payment of reasonable funeral expenses is
approved by the compensation assessor under this section.
[13] Section 34 Compensation may be awarded subject to conditions
Insert after section 34 (1):
(1A) An award of compensation is subject to the following
conditions:
(a) the person to or for whose benefit the award is made
must notify the Director of any money received in the
future from other sources in connection with the
injuries, expenses and losses taken into account in the
award,
(b) the person to or for whose benefit the award is made
must repay from the amount awarded any such future
amounts referred to in paragraph (a) on demand by the
Director,
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Victims Compensation Amendment Bill 2000
Schedule 1 Amendments
(c) the person to or for whose benefit the award is made
must repay to the Director the amount awarded if it is
subsequently ascertained that the award was obtained by
fraud or collusion,
(d) the person to or for whose benefit the award is made (if
a primary or secondary victim of an act of violence) is
to provide reasonable assistance to any person or body
engaged in the official investigation of the act of
violence.
(1B) If an amount is required to be repaid in accordance with the
conditions to which an award of compensation is subject and
the amount is not repaid, that amount may be recovered as a
debt due to the Compensation Fund Corporation.
[14] Section 34 (2)
Insert "other" after "prescribe".
[15] Section 54 Order for restitution to be a judgment enforceable by
Tribunal
Omit "Compensation rules" from section 54 (4).
Insert instead "Rules".
[16] Part 3, heading
Omit "of statutory scheme".
[17] Section 63 Director, Registrar of Tribunal and other staff
Omit "Director of Victims Compensation" from section 63 (1).
Insert instead "Director, Victims Services".
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Victims Compensation Amendment Bill 2000
Amendments Schedule 1
[18] Section 65A
Insert after section 65:
65A Inquiries and investigations
Subject to section 27 (2), a compensation assessor may, in
connection with exercising the functions of a compensation
assessor under this Act, make such inquiries and undertake
such investigations as the assessor considers necessary.
[19] Section 69 Payments from Compensation Fund
Omit "victims' counselling" from section 69 (a).
Insert instead "approved counselling services".
[20] Section 87 Rules
Omit "compensation rules" wherever occurring.
Insert instead "rules".
[21] Schedule 1, clause 5 (1A)
Insert after clause 5 (1):
(1A) In determining such an application, the Tribunal or
compensation assessor concerned is not required to have regard
to any report or assessment other than the assessment referred
to in subclause (1).
[22] Schedule 1, clause 5 (3)
Insert after clause 5 (2):
(3) The compensable injury of psychological or psychiatric
disorder (category 1) applies only in relation to an act of
violence that has apparently occurred in the course of the
commission of any of the following offences:
(a) armed robbery,
(b) abduction,
(c) kidnapping.
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Victims Compensation Amendment Bill 2000
Schedule 1 Amendments
[23] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Victims Compensation Amendment Act 2000
[24] Schedule 3, Part 4
Insert after Part 3:
Part 4 Provisions consequent on enactment of
Victims Compensation Amendment Act 2000
17 Compensation for psychological or psychiatric disorder
Clause 5 (3) of Schedule 1 to this Act (as inserted by
Schedule 1 [22] to the Victims Compensation Amendment Act
2000) applies to or in respect of an application for statutory
compensation that is, or was, lodged on or after the day on
which the Bill for that Act was introduced into the Legislative
Assembly.
18 Compensation for family victims
Schedule 1 [9] to the Victims Compensation Amendment Act
2000 applies to or in respect of an application for statutory
compensation whether lodged before or after the
commencement of that item.
19 Compensation rules
Any rules made under section 87 and in force immediately
before the amendment of that section by the Victims
Compensation Amendment Act 2000 are taken to have been
made under section 87 as amended by that Act.
[25] Dictionary
Omit the definition of compensation rules.
[26] Dictionary
Omit "Director of Victims Compensation" from the definition of Director.
Insert instead "Director, Victims Services".
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Victims Compensation Amendment Bill 2000
Amendments Schedule 1
[27] The whole Act
Omit "compensation rules" wherever occurring (except in a provision that
is repealed or amended elsewhere by this Act).
Insert instead "rules".
Page 11
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