New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 14A

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.

(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.