VICTIMS SUPPORT AND REHABILITATION ACT 1996 - As at 3 June 2013 - Act 115 of 1996

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Dictionary and notes
• 5 Act of violence

PART 2 - APPROVED COUNSELLING SCHEME AND STATUTORY COMPENSATION SCHEME

Division 1 - Victims eligible for statutory compensation

• 6 Persons eligible for statutory compensation
• 7 Who is a primary victim?
• 8 Who is a secondary victim?
• 9 Who is a family victim?

Division 2 - Schedule of compensable injuries

• 10 Prescription of schedule of compensable injuries
• 11 Compensable injuries described by reference to act of violence
• 12 Substitution or amendment of schedule
• 13 Provisions relating to schedule

Division 3 - Statutory compensation payable

• 14 Compensation payable to primary victims other than for expenses reimbursed under section 14A
• 14A Victims Assistance Scheme
• 15 Compensation payable to secondary victims
• 16 Compensation payable to family victims
• 17 Compensation for compensable injuries
• 18 Compensation for financial loss
• 19 Maximum amount of compensation
• 19A Deduction from certain awards
• 20 Threshold amount of compensation

Division 3A - Approved counselling scheme

• 21 Special payments for approved counselling services
• 21A Approved counselling services

Division 4 - Persons not eligible for statutory compensation

• 22 Secondary or family victims
• 23 Eligibility to receive compensation in respect of same act of violence
• 23A Claim may not be made for acts of violence occurring before successful claim lodged
• 24 Other persons not eligible to receive compensation

Division 5 - Applications for statutory compensation

• 25 Lodging of applications
• 26 Time for lodging applications
• 26A Withdrawal of application
• 26B Lapsing of application if no contact
• 27 Consideration of applications by compensation assessors
• 28 Medical examinations
• 29 Determination of applications
• 30 Reasons for not making award or for reducing amount of compensation payable
• 31 Determination for restitution may be set off against award of compensation
• 32 Persons to whom compensation may be made payable
• 33 Interim awards of compensation
• 33A Reimbursement of persons who incur funeral expenses
• 34 Compensation may be awarded subject to conditions
• 35 Costs of applications for compensation and proceedings before Tribunal

Division 6 - Reviews by Director and appeals and references to Tribunal and District Court

• 35A Review of amount awarded as Victims Assistance
• 36 Appeal to Tribunal by applicant
• 37 Reference of application to Tribunal by assessor or by Chairperson of Tribunal
• 38 Determination by Tribunal of appeals and references
• 39 Appeals to the District Court on questions of law
• 40 Payment of compensation suspended pending appeal to Tribunal or District Court
• 41 Compensation Fund Corporation respondent to appeals

Division 7 - Payment of compensation

• 42 Compensation Fund Corporation to pay compensation
• 43 Effect of award on subsequent civil proceedings
• 44 Recovery from fraudulent claimants

Division 8 - Recovery of compensation from offenders

• 45 Definitions
• 46 Director may make provisional order for restitution by offender
• 46A Director may make provisional order for restitution by other person
• 47 Notice of objection by defendant
• 48 Confirmation by Tribunal of provisional order for restitution if defendant does not object to order
• 49 Hearing by Tribunal to confirm provisional order for restitution if defendant objects to order
• 50 Arrangement between Director and defendant as to payment under order for restitution
• 51 Provisions relating to orders for restitution
• 52 Procedural and evidentiary provisions relating to recovery proceedings
• 53 Orders for restitution to be subject to appeals against relevant awards of statutory compensation
• 54 Order for restitution to be a judgment enforceable by Tribunal
• 55 Appeals against orders for restitution
• 56 Orders for restitution may be set aside
• 57 Effect of order for restitution on subsequent civil proceedings
• 58 Access to information about whereabouts of defendant
• 58A Charge on property subject to restitution orders
• 58B Cancellation of charges

Division 9 - Restraining orders and orders relating to the disposition of property by offenders

• 58C Application of Division
• 58D Nature of restraining order
• 58E Application for restraining order
• 58F Making of restraining order
• 58G Undertakings
• 58H Ancillary orders
• 58I Registration of restraining orders and lodging of caveats
• 58J Court may revoke restraining order
• 58K Time when restraining order ceases to be in force
• 58L Avoidance of liabilities
• 58M Orders setting aside dispositions of property

PART 3 - ADMINISTRATION

Division 1 - Victims Compensation Tribunal

• 59 Constitution of Tribunal
• 60 Jurisdiction and functions of the Tribunal
• 61 Authorised Magistrates
• 62 Single member to exercise the jurisdiction and functions of the Tribunal

Division 2 - Director, assessors and other staff

• 63 Director, Registrar of Tribunal and other staff
• 64 Compensation assessors
• 65 Guidelines and arrangements relating to compensation assessors
• 65A Inquiries and investigations

Division 3 - Victims Compensation Fund Corporation

• 66 Victims Compensation Fund Corporation

Division 4 - Victims Compensation Fund

• 67 Victims Compensation Fund
• 68 Payments into Compensation Fund
• 69 Payments from Compensation Fund

PART 4 - COMPENSATION AWARDED BY COURT

Division 1 - Compensation for injury

• 70 Definitions
• 71 Directions for compensation
• 72 Restrictions on court's power to give directions for compensation
• 73 Factors to be taken into consideration
• 74 Payment of sum directed
• 75 Enforcement of directions for compensation
• 76 Effect of directions for compensation on subsequent civil proceedings
• 77 Directions for compensation not appealable on certain grounds

Division 2 - Compensation for loss

• 77A Definitions
• 77B Directions for compensation
• 77C Restrictions on court's power to give directions for compensation
• 77D Factors to be taken into consideration
• 77E Payment of sum directed
• 77F Enforcement of directions for compensation
• 77G Effect of directions for compensation on subsequent civil proceedings
• 77H Directions for compensation not appealable on certain grounds

PART 5 - COMPENSATION LEVIES

• 78 Application of Part
• 79 Imposition of compensation levy
• 80 CPI adjustments of compensation levy
• 81 Effect of appeal proceedings

PART 6 - MISCELLANEOUS

• 82 Act binds Crown
• 83 Reports by Tribunal
• 84 Inadmissibility and use of certain evidence in subsequent criminal proceedings
• 85 Limitation of liability
• 86 Proceedings for offences
• 87 Rules
• 88 Regulations
• 89 Savings, transitional and other provisions
• 90 Repeal of Victims Compensation Act 1987 No 237
91. (Repealed)
• 92 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
Schedule 4 (Repealed)
• SCHEDULE 99 Dictionary