New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 21

21 Special payments for approved counselling services

(1) In this section:
"approved counselling services" means services provided by a professional counsellor chosen by the victim from a list of counsellors approved by the Director under section 21A.
"relevant family member" means a person who is a relative of a primary victim who has died as a result of an act of violence, but who is not a family victim within the meaning of this Act.
"victim" means:

(a) a family victim, or

(b) a primary victim or a secondary victim, or

(c) a person who is a victim of an act of violence but who, merely because the person did not receive a compensable injury, is not a primary victim or secondary victim within the meaning of this Act, or

(d) a relevant family member,

but does not include a person who is the victim of an act of violence:

(e) arising in the circumstances described in section 24 (2), unless the person is a family victim of the act and the act apparently occurred in the course of the commission of the offence of murder or manslaughter, or

(f) arising in the circumstances described in section 24 (3) or (4).

(2) A victim may apply for payment for approved counselling services for the victim as a consequence of an act of violence. Such an application is to be made to the Director.

(3) Payments for approved counselling services for a victim (other than a family victim or relevant family member) may be made:

(a) for an initial period of 2 hours of counselling (including counselling for the purposes of an application for continued counselling), and

(b) for such further periods of counselling (not exceeding 20 hours) as may be considered appropriate by a compensation assessor.

(3A) Subject to the rules, a person may be considered to be a victim for the purposes of payments for approved counselling services for an initial period of 2 hours if a compensation assessor is satisfied that counselling may assist in establishing whether or not the person is a victim.

(4) Payments for approved counselling services for a victim who is a family victim or relevant family member may be made:

(a) for a period of up to 20 hours of counselling, and

(b) for such further periods of counselling as may be requested by the family victim or relevant family member.

(5) Payments may be made for approved counselling services even though:

(a) the victim is entitled to workers compensation in respect of the act of violence concerned or is awarded compensation by a court under Part 4, or

(b) the maximum amount of statutory compensation is payable in respect of the act of violence concerned.

(6) Payments for approved counselling services may be made only with the approval of a compensation assessor. Any payments for a period of counselling to the extent to which it exceeds 20 hours may be made only with the approval of the Director.

(7) Payments for approved counselling services are to be made from the Compensation Fund directly to the service provider, except that payments for an initial period referred to in subsection (3) (a) may be made from that Fund by way of reimbursement of the victim if it was not reasonably practicable for the victim to obtain the approval for the payment before undertaking the counselling.

(8) An appeal does not lie to the Tribunal against a decision of a compensation assessor or the Director under this section. However, a decision of a compensation assessor under this section may be reviewed by the Director and a decision of the Director under subsection (6) may be reviewed by a member of the Tribunal.

(9) The rules may make provision for or with respect to payments for approved counselling services, including the application (with or without modification) of the provisions of this Act relating to statutory compensation.