New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 18

18 Compensation for financial loss

(1) Compensation for financial loss is compensation for the following:

(a) actual expenses,

(b) actual loss of earnings,

(c) loss of personal effects (in the case of a primary victim only).

(2) Compensation for loss of personal effects is compensation payable to a primary victim who has received a compensable injury for the loss of, or for damage to, any personal effects that were worn or carried by the primary victim at the time of the act of violence and that were lost or damaged as a direct result of that act. The maximum amount payable in respect of an act of violence is $1,000.

(3) Compensation for actual loss of earnings is to be calculated at the rate of weekly payment of compensation payable under the Workers Compensation Act 1987 after the first 26 weeks of incapacity within the meaning of that Act.

(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.

(4) The maximum amount of compensation for financial loss to which a person is entitled in respect of an act of violence is $10,000.

(5) Compensation for financial loss is not payable to a person to the extent that the person has received, or is entitled to receive, payment for that loss under any insurance or agreement or under any other Act or law.

(6) This section does not apply to statutory compensation for prescribed expenses.