New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 89)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:Victims Compensation Act 1996Victims Compensation Amendment Act 1998Victims Compensation Amendment Act 2000Courts Legislation Amendment Act 2001 (but only to the extent that it amends this Act)Victims Support and Rehabilitation Amendment Act 2006Courts and Crimes Legislation Further Amendment Act 2010Courts and Other Legislation Further Amendment Act 2011 (but only to the extent it amends this Act)
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which such a provision takes effect on a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
In this Part:
"the repealed Act" means the Victims Compensation Act 1987 .
(1) An application for compensation made under Part 3 of the repealed Act before the date of assent to this Act and not finally disposed before that date is to continue to be dealt with in accordance with the repealed Act.
(2) An application for compensation may be made under Part 3 of the repealed Act after the date of assent to this Act and before the end of the period of 4 months after that date, but may not be made under that Part after the end of that period. Any such application is to be dealt with in accordance with the repealed Act.
(3) Subclause (2) applies so as to authorise an application under Part 3 of the repealed Act only if the act of violence (and any related act of violence) to which the application relates occurred before the date of assent to this Act.
(4) An application referred to in subclause (2) of a secondary victim of an act of violence may only be dealt with if:(a) such an application has also been made by a primary or other victim (other than a secondary victim) of that act of violence, or(b) the Tribunal is satisfied that an application for statutory compensation by the primary or other victim will not be made under this Act or the repealed Act.
This Act extends, subject to this Act, to an act of violence that occurred before the commencement of this Act (other than an act of violence in respect of which an application for compensation has been made and dealt with under the repealed Act).
Despite clause 4, section 21 extends to a victim of an act of violence (including a victim within the meaning of that section) in respect of which an application for compensation has been made and dealt with under the repealed Act.
(1) The Victims Compensation Tribunal constituted by this Act is a continuation of the Victims Compensation Tribunal constituted under the repealed Act.
(2) A person holding office as a member or Chairperson of the Tribunal, immediately before the repeal of the repealed Act, is taken to have been appointed as a member or Chairperson of the Tribunal under this Act.
(3) A Magistrate who was an authorised Magistrate under the repealed Act, immediately before the repeal of the repealed Act, is taken to be an authorised Magistrate under this Act.
(4) The staff of the Tribunal employed under the repealed Act is taken to be staff employed for the purposes of this Act.
(1) The Victims Compensation Fund Corporation constituted by section 66 of this Act is a continuation of, and the same legal entity as, the corporation by that name constituted by the repealed Act.
(2) The Victims Compensation Fund constituted by the repealed Act becomes, on the repeal of that Act, the fund by that name constituted by section 67 of this Act.
(1) Division 8 of Part 2 of this Act applies to awards of compensation made under Part 2 of this Act, and to awards of compensation made under Part 3 of the repealed Act that were not subject to recovery action under the repealed Act before its repeal.
(2) Part 5 of the repealed Act continues to apply to any recovery action taken under the repealed Act before its repeal.
(3) However, the provisions of Division 8 of Part 2 of this Act apply to any proceedings for recovery of an amount payable under a determination for restitution under Part 5 of the repealed Act.
(1) Part 4 of this Act applies to persons convicted or found guilty of offences after the commencement of that Part even though the proceedings were commenced before that commencement.
(2) A direction for the payment of compensation given under Part 6 of the repealed Act may be recovered as if it had been given under Part 4 of this Act.
(1) Part 5 of this Act applies to persons convicted or found guilty of offences after the commencement of that Part even though the proceedings were commenced before that commencement.
(2) A levy imposed by the operation of section 65C of the repealed Act may be recovered as if it had been imposed by Part 5 of this Act.
In this Part:
"amending Act" means the Victims Compensation Amendment Act 1998 .
Section 19A, as inserted by the amending Act, applies to amounts of statutory compensation awarded where the application for compensation is made after the commencement of that section, whether or not the act of violence that resulted in the injury for which the compensation is awarded occurred before or after that commencement.
The provisions of Schedule 1 relating to shock that were omitted by the amending Act continue to have effect in the case of any person who applied for statutory compensation for the compensable injury of shock before the omission of those provisions.
(1) A person may apply for statutory compensation for a psychological or psychiatric disorder, or for the compensable injury of domestic violence, whether or not the injury resulted from an act of violence that occurred before the insertion of those categories of injury in Schedule 1.
(2) This clause does not affect the operation of section 26.
The Director may make a provisional order for restitution under section 46A, as inserted by the amending Act, whether or not the order is based on an order that was granted, or a transaction relating to property that occurred, before the commencement of that section.
An application may be made under section 58A, as inserted by the amending Act, to register a restitution order whether or not the restitution order was made before or after the commencement of that section.
An application may be made for an order under Division 9 of Part 2 concerning the property of a person whether or not:
(a) the person was charged with, or convicted of, an offence before or after the commencement of that Division, or
(b) the property was (in the case of an order under section 58M) disposed of or dealt with before or after the commencement of that Division.
Clause 5 (3) of Schedule 1 to this Act (as inserted by Schedule 1 [22] to the Victims Compensation Amendment Act 2000 ) applies to or in respect of an application for statutory compensation that is, or was, lodged on or after the day on which the Bill for that Act was introduced into the Legislative Assembly.
Date of introduction: 31.5.2000.
Schedule 1 [9] to the Victims Compensation Amendment Act 2000 applies to or in respect of an application for statutory compensation whether lodged before or after the commencement of that item.
Any rules made under section 87 and in force immediately before the amendment of that section by the Victims Compensation Amendment Act 2000 are taken to have been made under section 87 as amended by that Act.
(1) Section 84, as amended by Schedule 8 to the Courts Legislation Amendment Act 2001 , applies to and in respect of an application for statutory compensation or for payment for approved counselling services, whether made before, on or after the commencement of that amendment.
(2) Despite clause 3 of this Schedule, section 84, as amended by Schedule 8 to the Courts Legislation Amendment Act 2001 , applies to and in respect of an application for compensation made under Part 3 of the Victims Compensation Act 1987 as if that application were an application for statutory compensation made under this Act.
In this Part:
"amending Act" means the Victims Support and Rehabilitation Amendment Act 2006
.
Except as otherwise provided by this Part, an application for statutory compensation lodged under this Act, but not finally determined, before the commencement of a provision of the amending Act is to continue to be dealt with in accordance with the Act as in force immediately before the commencement of the provision.
The amendment made to section 5 by the amending Act extends to an act of violence that occurs before the commencement of the amendment.
A primary victim of an act of violence is eligible to receive statutory compensation for prescribed expenses in respect of an act of violence only if the act of violence occurs after the commencement of section 14A (as inserted by the amending Act).
Section 20 (3A), as inserted by the amending Act, extends to the determination of whether or not statutory compensation is payable in relation to an application for statutory compensation that is lodged, but not finally determined, before the commencement of that subsection.
(1) Section 30 (1) (b1) and (2A), as inserted by the amending Act, extend to the determination of an application for statutory compensation lodged, but not finally determined, before the commencement of those provisions, where the act of violence concerned involves domestic violence or sexual assault.
(2) The definition of "injury", appearing in the Dictionary at the end of this Act, as amended by the amending Act, extends to an injury resulting from an act of violence the subject of an application for statutory compensation lodged, but not finally determined, before the commencement of the amendment, where the act of violence involves domestic violence or sexual assault.
Section 30 (4A), as inserted by the amending Act, extends to an application for statutory compensation lodged, but not finally determined, before the commencement of that subsection.
Section 31, as amended by the amending Act, extends to an application for statutory compensation lodged, but not finally determined, before the commencement of those amendments.
Section 33A, as amended by the amending Act, applies only if the primary victim concerned died as a direct result of an act of violence occurring after the commencement of section 14A (as inserted by the amending Act).
Any amount that a person was liable to pay under section 79 (1) immediately before the commencement of the amendments made to this Act by the Courts Legislation Amendment Act 2010 continues to be payable after the commencement of those amendments.
In this Part:
"amending Act" means the Courts and Crimes Legislation Further Amendment Act
2010 .
The amendments made to section 5 by the amending Act extend to an act of violence that occurred before the commencement of those amendments in respect of which an application for statutory compensation:
(a) is lodged on or after that commencement, or
(b) was lodged, but not determined by the Tribunal or a compensation assessor at any time, before that commencement.
(1) In this clause, "statutory compensation for prescribed expenses" has the same meaning as it had before the commencement of the amendments to section 14A by the amending Act.
(2) Any application for statutory compensation for prescribed expenses that was lodged, but not finally determined, before the commencement of the amendments to section 14A by the amending Act is to be dealt with under this Act as if it were an application for Victims Assistance.
(3) Any application determined under subclause (2) is taken to have been determined as an application for Victims Assistance.
(4) Any application for statutory compensation for prescribed expenses that was finally determined before the commencement of the amendments made to section 14A by the amending Act is taken to have been finally determined as an application for Victims Assistance.
Sections 15 and 16, as amended by the amending Act, extend to:
(a) any secondary victim or family victim who died before the commencement of those amendments, and
(b) any application that was pending immediately before the commencement of those amendments and was lodged by or on behalf of a secondary victim or family victim who died before, or who dies on or after, the commencement of those amendments.
Section 21, as amended by the amending Act, extends to any application for payment for approved counselling services that was made to the Director before the commencement of those amendments, but does not affect any decision made under that section before that commencement.
Section 23, as amended by the amending Act:
(a) extends to any person whose application for statutory compensation was finally determined by the dismissal of the application before the commencement of those amendments, and
(b) affects any further application made by or on behalf of the person after that dismissal, whether the further application was made before or after the commencement of those amendments.
Section 23A, as inserted by the amending Act:
(a) extends to any person who, before the commencement of that section, was awarded statutory compensation, and
(b) affects any claim for statutory compensation that was made before that commencement, but was not determined by the Tribunal or a compensation assessor at any time before that commencement.
Section 26, as amended by the amending Act, extends to any application for statutory compensation that was lodged out of time by or on behalf of a family victim, but was not the subject of any determination by the Director under that section, before the commencement of those amendments.
Section 26A, as inserted by the amending Act, extends to any application for statutory compensation that was lodged, but not finally determined, before the commencement of that section.
Section 26B, as inserted by the amending Act, extends to any application for statutory compensation that was lodged, but not finally determined, before the commencement of that section.
Section 35, as amended by the amending Act, extends to any application for statutory compensation that was lodged before the commencement of those amendments, but does not extend to any application that was determined by the Tribunal or a compensation assessor at any time before that commencement.
Section 36 (1A) (b), as inserted by the amending Act, extends to an applicant whose application for statutory compensation was lodged before the commencement of that paragraph, but does not extend to any applicant whose application was determined by the Tribunal or a compensation assessor at any time before that commencement.
Section 38, as amended by the amending Act, extends to any matter the subject of an appeal or reference to the Tribunal under Division 6 of Part 2, before the commencement of those amendments, but does not extend to any matter that the Tribunal has proceeded to determine, but has not disposed of, before that commencement.
Section 78 (1), as inserted by the amending Act, extends to any offence committed by a person before the commencement of the subsection, whether or not the proceedings concerned were commenced before that commencement, but does not extend to an offence for which the person was convicted before that commencement.
Part 5 of this Act (as amended by the Courts and Other Legislation Further Amendment Act 2011 ) applies to a person convicted of an offence (within the meaning of that Part as amended) after the commencement of the amendment even if the offence was committed before that commencement.