VICTIMS RIGHTS AND SUPPORT ACT 2013 - As at 5 December 2023 - Act 37 of 2013
- As at 5 December 2023
- Act 37 of 2013
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - VICTIMS RIGHTS
Division 1 - Preliminary
- 4 Object of Part
- 5 Meaning of "victim of crime"
PART 3 - ADMINISTRATION
Division 1 - Commissioner of Victims Rights
Division 1 - Preliminary
Division 2 - Eligibility for support
- 23 Eligibility for support
- 24 Death of victim
- 25 Persons not eligible for support
Division 3 - Composition of support
Division 4 - Approved counselling services
- 31 Approved counselling services
- 32 Authorisation of payments for approved counselling services
- 33 Amount of payments
- 38 Applications for victims support
- 39 Documentary evidence
- 40 Time for making, and duration of, applications
- 41 Withdrawal of application
- 41A Lapsing of application if evidence to support application not provided
- 42 Consideration of applications
- 43 Determination of applications
- 44 Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment
- 45 Payments may be applied towards liability for restitution under Part 5
- 46 Persons to whom financial support or recognition payment may be made
- 47 Reimbursement of persons who incur funeral and certain other expenses
- 48 Victims support may be approved subject to conditions
Division 7 - Review of decisions concerning victims support
PART 5 - RECOVERY OF VICTIMS SUPPORT PAYMENTS FROM OFFENDERS
Division 1 - Preliminary
Division 2 - Restitution by offenders
- 59 Commissioner's discretion to make provisional order for restitution by offender
- 60 Commissioner's discretion to make order for restitution by other person
- 61 Notification of decision
- 62 Objection to order
- 63 Confirmation by Commissioner of order if no objection
- 64 Powers of Commissioner on objection
- 65 Notice of determination of objection
- 66 Administrative reviews by Tribunal
- 67 Powers of Tribunal on administrative review
- 68 Arrangements for reduction of amount payable
- 69 Provisions relating to orders for restitution confirmed by Tribunal
- 70 Amount payable
- 70A Effect of confirmation of order and due date for payment
- 70B Debt notice to be served
- 71 Orders for restitution to be subject to administrative review of relevant approvals of victims support
- 72 Enforcement of order for restitution
- 73 Joint and several liability
- 74 Effect of order for restitution on subsequent civil proceedings
- 75 Access to information about whereabouts of defendant
76, 77. (Repealed)
Division 3 - Restraining orders and orders relating to the disposition of property by offenders
- 78 Objects
- 79 Application of Division
- 80 Interpretation
- 81 Nature of restraining order
- 82 Application for restraining order
- 83 Making of restraining order
- 84 Undertakings
- 85 Ancillary orders
- 86 Registration of restraining orders and lodging of caveats
- 87 Court may revoke restraining order
- 88 Time when restraining order ceases to be in force
- 89 Avoidance of liabilities
- 90 Orders setting aside dispositions of property
PART 6 - COMPENSATION AWARDED BY COURT
Division 1 - Preliminary
Division 2 - Compensation for injury
- 93 Definition
- 94 Directions for compensation for injury
- 95 Restrictions on court's power to give directions for compensation for injury
Division 3 - Compensation for loss
- 96 Definitions
- 97 Directions for compensation for loss
- 98 Restrictions on court's power to give directions for compensation for loss
Division 4 - General
- 99 Factors to be taken into consideration
- 100 Payment of sum directed
- 101 Enforcement of directions for compensation
- 102 Effect of directions for compensation on subsequent civil proceedings
- 103 Directions for compensation not appealable on certain grounds
PART 9 - MISCELLANEOUS
- 112 Act to bind Crown
- 112A Provision of personal information to victims of crime and family victims
- 113 Inadmissibility and use of certain evidence in subsequent legal proceedings
- 114 Personal liability of Commissioner and others
- 115 Proceedings for offences
- 116 Service of documents
- 117 Regulations
118. (Repealed)
- 119 Reviews of Act