New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 14A

14A Victims Assistance Scheme

(1) The statutory compensation for which a primary victim is eligible includes Victims Assistance.

(2) "Victims Assistance" is a form of statutory compensation for actual expenses incurred by a primary victim of an act of violence as a direct result of the act of violence.

Note: Victims Assistance is payable to a primary victim who, due to the threshold applying under section 20, is precluded from being awarded statutory compensation referred to in section 14. Victims Assistance is also payable to a primary victim who is not precluded from being awarded statutory compensation referred to in that section. However, see section 14 (3).

(3) Victims Assistance is not payable to a person under this section unless the total amount payable to the person as compensation for the actual expenses concerned is at least:

(a) subject to paragraph (b)-$200, or

(b) such other amount as is prescribed by the regulations.

(4) The regulations may make provision for or with respect to any of the following:

(a) the maximum amount that a person may be awarded under this section in respect of a particular kind of actual expense,

(b) the particular kinds of actual expenses for which a person may or may not be compensated under this section.

(5) The total amount that a primary victim may be awarded under this section 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) Victims Assistance 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) Victims Assistance 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 Victims Assistance. Any pending application for Victims Assistance 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.