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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Victims Support and Rehabilitation
Amendment Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Victims Support and Rehabilitation Act
1996 No 115 2
4 Amendment of other Acts 2
5 Victims Support and Rehabilitation Regulation 2006 2
6 Repeal of Act 2
Schedule 1 Amendments to Victims Support and Rehabilitation Act
1996 3
Schedule 2 Amendment of other Acts 16
Schedule 3 Amendments to Victims Support and Rehabilitation Act
1996 consequential on commencement of Part 15A of
Crimes Act 1900 17
Schedule 4 Victims Support and Rehabilitation Regulation 2006 18
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, , 2006
New South Wales
Victims Support and Rehabilitation
Amendment Bill 2006
Act No , 2006
An Act to amend the Victims Support and Rehabilitation Act 1996 with respect to
assistance and compensation for victims of violence; 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 Support and Rehabilitation Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Victims Support and Rehabilitation Amendment
Act 2006.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Victims Support and Rehabilitation Act 1996 No 115
The Victims Support and Rehabilitation Act 1996 is amended as set out
in Schedules 1 and 3.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
5 Victims Support and Rehabilitation Regulation 2006
(1) Schedule 4 is taken to be and has effect as a regulation made under the
Victims Support and Rehabilitation Act 1996.
(2) Part 2 of the Subordinate Legislation Act 1989 does not apply to the
regulation set out in Schedule 4.
(3) For the purposes of section 10 of the Subordinate Legislation Act 1989,
the regulation set out in Schedule 4 is taken to have been published on
the date of assent to this Act.
(4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the
regulation set out in Schedule 4.
6 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(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
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
Schedule 1 Amendments to Victims Support and
Rehabilitation Act 1996
(Section 3)
[1] Section 5 Act of violence
Insert after section 5 (1):
(1A) For the avoidance of doubt, the reference to an offence in
subsection (1) (a) extends to conduct of a person that would
constitute an offence were it not for the fact that the person
cannot, or might not, be held to be criminally responsible for the
conduct because of the person's age or mental illness or
impairment.
[2] Section 9 Who is a family victim?
Insert "half-brother, half-sister," after "sister," in section 9 (3) (e).
[3] Section 14 Compensation payable to primary victims other than for
prescribed expenses
Insert after section 14 (2):
(3) This section does not apply to statutory compensation for
prescribed expenses and statutory compensation under this
section is not payable for financial loss to the extent that statutory
compensation for prescribed expenses has been awarded for that
loss.
[4] Section 14A
Insert after section 14:
14A Compensation payable to primary victims for prescribed expenses
(1) The statutory compensation for which a primary victim is eligible
includes statutory compensation for prescribed expenses.
(2) Statutory compensation for prescribed expenses is compensation
for actual expenses of such kinds as are prescribed by the
regulations and incurred by a primary victim of an act of violence
as a direct result of the act of violence.
(3) No statutory compensation is payable to a person under this
section unless the total amount payable to the person as statutory
compensation for prescribed expenses is at least:
(a) subject to paragraph (b)--$200, or
(b) such other amount as is prescribed by the regulations.
Page 3
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 1 Amendments to Victims Support and Rehabilitation Act 1996
(4) The regulations may prescribe the maximum amount that may be
awarded in respect of a particular kind of actual expense under
this section.
(5) The total amount that may be awarded to a primary victim as
statutory compensation for prescribed expenses in respect of an
act of violence is not to exceed:
(a) subject to paragraph (b)--$1,500, or
(b) such other amount as is prescribed by the regulations.
(6) Statutory compensation for prescribed expenses is not payable to
a primary victim who has already been awarded statutory
compensation to which section 14 applies in respect of the same
act of violence.
(7) Statutory compensation for prescribed expenses is not payable to
a primary victim to the extent that the primary victim has
received, or is entitled to receive, payment for that loss under any
insurance or agreement or under any other Act or law.
(8) A primary victim who dies ceases to be eligible for statutory
compensation for prescribed expenses. Any pending application
for compensation made by or on behalf of the primary victim
does not survive the death of the primary victim.
Note. If a primary victim dies as the direct result of an act of violence, a
member of the victim's family may become eligible under Division 1 of
this Part for statutory compensation.
(9) For the purposes of this section, expenses incurred by a primary
victim of an act of violence for the provision of security measures
in response to the act of violence are taken to be expenses
incurred by the primary victim as a direct result of the act of
violence.
[5] Section 18 Compensation for financial loss
Insert after section 18 (3):
(3A) The rules may make provision limiting the amount that may be
awarded as compensation for the cost of counselling services (for
example, by reference to a maximum hourly rate for counselling
services and the maximum amount payable). Compensation for
counselling services is to be calculated in accordance with any
such provisions of the rules.
Page 4
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
[6] Section 18 (6)
Insert after section 18 (5):
(6) This section does not apply to statutory compensation for
prescribed expenses.
[7] Section 19A Deduction from certain awards
Insert "or statutory compensation for prescribed expenses" after "victims" in
section 19A (3).
[8] Section 20 Threshold amount of compensation
Omit "$2,400" from section 20 (1) (a). Insert instead "$7,500".
[9] Section 20 (1) (b)
Omit "fixed by proclamation". Insert instead "prescribed by the regulations".
[10] Section 20 (2)
Omit the subsection.
[11] Section 20 (3)
Insert "or statutory compensation for prescribed expenses" after "victims".
[12] Section 20 (3A)
Insert after section 20 (3):
(3A) For the purposes of this section:
(a) the total amount of compensation payable to a person as
compensation for compensable injuries is the total amount
arrived at after any reduction in that compensation to be
made under section 19, 30 or 31 or the schedule of
compensable injuries, and
(b) no other reduction in that compensation made under this
Act is to be taken into account in determining the total
amount of that compensation.
[13] Section 21 Special payments for approved counselling services
Insert after section 21 (3):
(3A) Subject to the rules, a person may be considered to be a victim for
the purposes of payments for approved counselling services for
an initial period of 2 hours if a compensation assessor is satisfied
that counselling may assist in establishing whether or not the
person is a victim.
Page 5
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 1 Amendments to Victims Support and Rehabilitation Act 1996
[14] Section 22 Secondary or family victims
Insert "to which section 14 applies" after "compensation" where secondly
occurring in section 22 (1).
[15] Section 23 Eligibility to receive compensation in respect of same act of
violence
Insert "(except as provided by subsection (1A))" after "violence" in section
23 (1).
[16] Section 23 (1A)
Insert after section 23 (1):
(1A) This section does not prevent a person from receiving an award
of statutory compensation to which section 14 applies in addition
to an award of statutory compensation for prescribed expenses in
respect of the same act of violence.
Note. However, section 14 (3) prevents a person from being granted
compensation for financial loss to the extent that statutory compensation
for prescribed expenses has been awarded for that loss. Further, under
section 14A (6), statutory compensation for prescribed expenses is not
payable to a person to the extent that the person has been awarded
statutory compensation to which section 14 applies in respect of the
same act of violence.
[17] Section 25 Lodging of applications
Omit "Clerk" wherever occurring in section 25 (3). Insert instead "registrar".
[18] Section 26 Time for lodging applications
Insert after section 26 (2):
(2A) However, leave may not be given for the acceptance of an
application lodged out of time if the application is for statutory
compensation for prescribed expenses.
[19] Section 29 Determination of applications
Insert after section 29 (1):
(1AA) If the application is for statutory compensation to which section
14 applies and the compensation assessor is satisfied that the
applicant is not eligible to receive that kind of statutory
compensation (solely because of the operation of section 20), but
is eligible to receive statutory compensation for prescribed
expenses, the compensation assessor may, with the consent of the
applicant, determine the application as if it were an application
for statutory compensation for prescribed expenses.
Page 6
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
[20] Section 29 (5) (a)
Insert "(or compensation for prescribed expenses)" after "financial loss".
[21] Section 30 Reasons for not making award or for reducing amount of
compensation payable
Insert after section 30 (1) (b):
(b1) whether the act of violence was reported to a relevant
health professional or practitioner, or a relevant agency,
[22] Section 30 (2A)
Insert after section 30 (2):
(2A) In determining the matter referred to in subsection (1) (d1) in the
case of an act of violence involving sexual assault or domestic
violence, the compensation assessor must have regard to the
nature of the relationship between the victim and the person or
persons by whom the act of violence is alleged to have been
committed.
[23] Section 30 (4A)
Insert after section 30 (4):
(4A) The compensation assessor may postpone the determination of a
person's application for statutory compensation pending the
determination of another application for statutory compensation
if the person has been convicted of an offence that is a relevant
offence under section 46 in relation to that other application.
[24] Section 31 Determination for restitution may be set off against award of
compensation
Insert "has been made or" after "Division 8 that" in section 31 (1).
[25] Section 31 (1)
Insert "determination for restitution or" before "proposed determination".
[26] Section 31 (2)
Omit the subsection. Insert instead:
(2) On the reduction under this section of the amount of an award
made to a person, the person is taken to have paid the amount of
the determination or proposed determination for restitution to the
extent of the reduction.
Page 7
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 1 Amendments to Victims Support and Rehabilitation Act 1996
[27] Section 33 Interim awards of compensation
Insert after section 33 (4):
(5) An interim award of statutory compensation for funeral expenses
referred to in subsection (1) (b) may only be made to the extent
that the expenses are reasonable.
[28] Section 33A Reimbursement of persons who incur funeral expenses
Omit section 33A (1). Insert instead:
(1) This section applies if expenses relating to the funeral of a
primary victim of an act of violence have been incurred by a
person who is not eligible for statutory compensation as a family
victim.
[29] Section 34 Compensation may be awarded subject to conditions
Insert ", other than a family victim," after "award is made" in section
34 (1A) (a).
[30] Section 34 (1A) (b)
Insert "(other than a family victim)" after "award is made".
[31] Section 35 Costs of applications for compensation and proceedings
before Tribunal
Insert after section 35 (7):
(8) This section does not apply in relation to an application for
statutory compensation for prescribed expenses except in a case
where the application has been determined as an application for
statutory compensation for prescribed expenses because of the
operation of section 29 (1AA).
(9) In any such case, the Tribunal or a compensation assessor may
award an applicant his or her costs in respect of the application,
and in such amounts as the Tribunal or assessor thinks fit, if the
Tribunal or assessor is of the opinion that the special
circumstances of the case justify such an award being made.
[32] Part 2, Division 6, heading
Omit the heading. Insert instead:
Division 6 Reviews by Director and appeals and
references to Tribunal and District Court
Page 8
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
[33] Section 35A
Insert before section 36:
35A Review of amount awarded as statutory compensation for
prescribed expenses
(1) An applicant for statutory compensation for prescribed expenses
may apply to the Director for the correction of a miscalculation
in the amount awarded by a compensation assessor as statutory
compensation for prescribed expenses.
(2) An application to the Director under this section must be made
within 28 days after the day on which the relevant notice of the
determination of the compensation assessor was duly served.
(3) Any such application must be in the form required by the rules
and must be lodged with the Director.
(4) The Director may determine the application by:
(a) affirming the amount awarded by the compensation
assessor, or
(b) varying the award by correcting any miscalculation in the
amount of the award.
(5) Written notice is to be given to an applicant under this section of
the determination of the Director.
[34] Section 36 Appeal to Tribunal by applicant
Insert after section 36 (1):
(1A) The applicant may not appeal to the Tribunal for the correction of
a miscalculation in the amount awarded as statutory
compensation for prescribed expenses.
Note. An applicant may apply to the Director under section 35A for the
correction of such a miscalculation.
[35] Section 42 Compensation Fund Corporation to pay compensation
Insert "(other than statutory compensation for prescribed expenses)" after
"statutory compensation" in section 42 (1).
[36] Section 42 (1)
Insert "(including costs awarded in respect of an application for statutory
compensation for prescribed expenses)" after "costs".
Page 9
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 1 Amendments to Victims Support and Rehabilitation Act 1996
[37] Section 42 (1A)
Insert after section 42 (1):
(1A) After an award of statutory compensation for prescribed
expenses is made, the Director is required to forward to the
Compensation Fund Corporation a copy of the notice under
section 29 of the determination concerned.
[38] Section 42 (2)
Omit "such an application".
Insert instead "the application or notice (as the case may be)".
[39] Sections 74, 75 (1)(3) and 77F (1)(3)
Omit "or clerk" wherever occurring.
[40] Sections 75 (3) and 77F (3)
Omit "office or" wherever occurring.
[41] Schedule 1 Compensable injuries
Omit clause 7A (1) (a). Insert instead:
(a) injury resulting from an act that occurred in the
commission of a domestic violence offence,
[42] Schedule 1, clause 7A
Insert after clause 7A (2):
(3) In this clause:
domestic violence offence means a personal violence offence
(within the meaning of the Crimes Act 1900) against any of the
following persons:
(a) a person who is or has been married to the person who
committed the offence,
(b) a person who has or has had a de facto relationship (within
the meaning of the Property (Relationships) Act 1984)
with the person who committed the offence,
(c) a person who has or has had an intimate personal
relationship with the person who committed the offence,
whether or not the intimate relationship involves or has
involved a relationship of a sexual nature,
(d) a person who, at the time of the offence, was living in the
same household as the person who committed the offence,
Page 10
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
(e) a person who, at the time of the offence, was living as a
long-term resident in the same residential facility as the
other person (not being a facility that is a correctional
centre within the meaning of the Crimes (Administration of
Sentences) Act 1999 or a detention centre within the
meaning of the Children (Detention Centres) Act 1987),
(f) a person who, at the time of the offence, had a relationship
involving his or her dependence on the ongoing paid or
unpaid care of the person who committed the offence,
(g) a person who is or has been a parent, guardian or
step-parent of the person who committed the offence,
(h) a person who is or has been a child or step-child of the
person who committed the offence, or some other child of
whom the person is the guardian,
(i) a person who is or has been a brother, sister, half-brother,
half-sister, step-brother or step-sister of the person who
committed the offence.
[43] Schedule 1, table
Omit "first" from column 1 of the matter relating to "Burns".
Insert instead "third".
[44] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Victims Support and Rehabilitation Amendment Act 2006
[45] Schedule 3, Part 2, clause 4A
Insert after clause 4 of Schedule 3:
4A Application of approved counselling scheme to previous acts of
violence
Despite clause 4, section 21 extends to a victim of an act of
violence (including a victim within the meaning of that section)
in respect of which an application for compensation has been
made and dealt with under the repealed Act.
Page 11
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 1 Amendments to Victims Support and Rehabilitation Act 1996
[46] Schedule 3, Part 6
Insert after Part 5 of Schedule 3:
Part 6 Provisions consequent on enactment of
Victims Support and Rehabilitation
Amendment Act 2006
21 Definition
In this Part:
amending Act means the Victims Support and Rehabilitation
Amendment Act 2006.
22 General
Except as otherwise provided by this Part, an application for
statutory compensation lodged under this Act, but not finally
determined, before the commencement of a provision of the
amending Act is to continue to be dealt with in accordance with
the Act as in force immediately before the commencement of the
provision.
23 Acts of violence
The amendment made to section 5 by the amending Act extends
to an act of violence that occurs before the commencement of the
amendment.
24 Statutory compensation for prescribed expenses
A primary victim of an act of violence is eligible to receive
statutory compensation for prescribed expenses in respect of an
act of violence only if the act of violence occurs after the
commencement of section 14A (as inserted by the amending
Act).
25 Threshold amount of compensation
Section 20 (3A), as inserted by the amending Act, extends to the
determination of whether or not statutory compensation is
payable in relation to an application for statutory compensation
that is lodged, but not finally determined, before the
commencement of that subsection.
Page 12
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
26 Application of certain amendments to domestic violence or sexual
assault
(1) Section 30 (1) (b1) and (2A), as inserted by the amending Act,
extend to the determination of an application for statutory
compensation lodged, but not finally determined, before the
commencement of those provisions, where the act of violence
concerned involves domestic violence or sexual assault.
(2) The definition of injury, appearing in the Dictionary at the end of
this Act, as amended by the amending Act, extends to an injury
resulting from an act of violence the subject of an application for
statutory compensation lodged, but not finally determined,
before the commencement of the amendment, where the act of
violence involves domestic violence or sexual assault.
27 Postponement of determination of award pending possible
determination for restitution
Section 30 (4A), as inserted by the amending Act, extends to an
application for statutory compensation lodged, but not finally
determined, before the commencement of that subsection.
28 Determination for restitution as set off against award of
compensation
Section 31, as amended by the amending Act, extends to an
application for statutory compensation lodged, but not finally
determined, before the commencement of those amendments.
29 Reimbursement of persons who incur funeral expenses
Section 33A, as amended by the amending Act, applies only if the
primary victim concerned died as a direct result of an act of
violence occurring after the commencement of section 14A (as
inserted by the amending Act).
[47] Dictionary
Omit "disorder" from paragraph (b) of the definition of injury.
Insert instead "harm".
Page 13
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 1 Amendments to Victims Support and Rehabilitation Act 1996
[48] Dictionary, definition of "sexual assault and domestic violence"
Omit paragraph (g) of the definition. Insert instead:
(g) any other act resulting in injury that occurred in the
commission of a personal violence offence (within the
meaning of the Crimes Act 1900) against any of the
following persons:
(i) a person who is or has been married to the person
who committed the offence,
(ii) a person who has or has had a de facto relationship
(within the meaning of the Property (Relationships)
Act 1984) with the person who committed the
offence,
(iii) a person who has or has had an intimate personal
relationship with the person who committed the
offence, whether or not the intimate relationship
involves or has involved a relationship of a sexual
nature,
(iv) a person who, at the time of the offence, was living
in the same household as the person who committed
the offence,
(v) a person who, at the time of the offence, was living
as a long-term resident in the same residential
facility as the other person (not being a facility that
is a correctional centre within the meaning of the
Crimes (Administration of Sentences) Act 1999 or a
detention centre within the meaning of the Children
(Detention Centres) Act 1987),
(vi) a person who, at the time of the offence, had a
relationship involving his or her dependence on the
ongoing paid or unpaid care of the person who
committed the offence,
(vii) a person who is or has been a parent, guardian or
step-parent of the person who committed the
offence,
(viii) a person who is or has been a child or step-child of
the person who committed the offence, or some
other child of whom the person is the guardian,
(ix) a person who is or has been a brother, sister,
half-brother, half-sister, step-brother or step-sister
of the person who committed the offence.
Page 14
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 Schedule 1
[49] Dictionary
Insert in alphabetical order:
statutory compensation for prescribed expenses--see section
14A.
Page 15
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Crimes (Sentencing Procedure) Act 1999 No 92
[1] Section 26 Definitions
Insert after paragraph (b) of the definition of member of the primary victim's
immediate family:
(b1) a person to whom the victim is engaged to be married, or
[2] Section 26, definition of "member of the primary victim's immediate
family"
Insert "grandparent," after "parent," in paragraph (c) of the definition.
[3] Section 26, definition of "member of the primary victim's immediate
family"
Insert ", grandchild" after "a child" in paragraph (d) of the definition.
[4] Section 26, definition of "member of the primary victim's immediate
family"
Insert "half-brother, half-sister," after "sister," in paragraph (e) of the
definition.
2.2 Victims Rights Act 1996 No 114
[1] Sections 5 and 6
Omit ", mental illness or nervous shock" wherever occurring.
Insert instead "or psychological or psychiatric harm".
[2] Section 6 Charter of rights for victims of crime
Insert "cultural sensitivity" after "compassion," in item 6.1.
Page 16
Victims Support and Rehabilitation Amendment Bill 2006
Amendments to Victims Support and Rehabilitation Act 1996 consequential Schedule 3
on commencement of Part 15A of Crimes Act 1900
Schedule 3 Amendments to Victims Support and
Rehabilitation Act 1996 consequential on
commencement of Part 15A of Crimes
Act 1900
(Section 3)
[1] Schedule 1 Compensable injuries
Insert "Part 15A of" before "the Crimes Act 1900" in clause 7A (3).
[2] Dictionary
Insert "Part 15A of" before "the Crimes Act 1900" in paragraph (g) of the
definition of sexual assault and domestic violence.
Page 17
Victims Support and Rehabilitation Amendment Bill 2006
Schedule 4 Victims Support and Rehabilitation Regulation 2006
Schedule 4 Victims Support and Rehabilitation
Regulation 2006
(Section 5)
1 Name of Regulation
This Regulation is the Victims Support and Rehabilitation Regulation
2006.
2 Commencement
This Regulation commences on the commencement of section 5 of the
Victims Support and Rehabilitation Amendment Act 2006.
3 Definition
(1) In this Regulation:
the Act means the Victims Support and Rehabilitation Act 1996.
(2) Notes included in this Regulation do not form part of this Regulation.
4 Statutory compensation for prescribed expenses
(1) For the purposes of section 14A (2) of the Act, the kinds of actual
expenses that may be paid to a primary victim of an act of violence as
statutory compensation for prescribed expenses are expenses incurred
for any of the following:
(a) the provision of ambulance services,
(b) the provision of dental services,
(c) the provision of physiotherapy services,
(d) the replacement or repair of prescription glasses or prescription
contact lenses,
(e) the provision of domestic assistance, such as personal care and
home help, to the primary victim during the victim's recovery
from the act of violence,
(f) the cleaning of any property (other than clothing or other
wearable items),
(g) the provision of security measures.
Page 18
Victims Support and Rehabilitation Amendment Bill 2006
Victims Support and Rehabilitation Regulation 2006 Schedule 4
(2) For the purposes of section 14A (4) of the Act, the maximum amount
that may be awarded in respect of each of the expenses referred to in
subclause (1) (e)(g) is $500.
Page 19
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