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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"

Division 2 - Charter of Victims Rights

PART 3 - ADMINISTRATION

Division 1 - Commissioner of Victims Rights

Division 2 - Victims Support Fund

PART 4 - VICTIMS SUPPORT SCHEME

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

Division 5 - Recognition payments

Division 6 - Applications for victims support

  • 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

Division 8 - Victims support payments

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 7 - VICTIMS SUPPORT LEVIES

PART 8 - VICTIMS ADVISORY BOARD

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

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