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VICTIMS OF CRIME ASSISTANCE ACT 2006

VICTIMS OF CRIME ASSISTANCE ACT 2006


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   1.      Short title  
   2.      Commencement  
   3.      Objects  
   4.      Definitions  
   5.      Violent act  
   6.      Injury  
   7.      Compensable violent acts and injuries and standard amounts  
   8.      Form of applications and lodgment at CVSU  

   PART 2--ELIGIBILITY TO APPLY FOR ASSISTANCE

           Division 1--Categories of victims of violent acts and eligibility

   9.      Primary victim  
   10.     Primary victim's eligibility to apply for assistance  
   11.     Secondary victim  
   12.     Secondary victim's eligibility to apply for assistance  
   13.     Family victim  
   14.     Family victim's eligibility to apply for assistance  
   15.     Related victim  
   16.     Related victim's eligibility to apply for counselling  

           Division 2--Miscellaneous matters

   17.     Eligibility if injury suffered in motor accident  
   18.     Eligibility if injury suffered in course of employment  
   19.     Effect of death on applications and entitlement to financial assistance  

   PART 3--VICTIMS COUNSELLING SCHEME

   20.     Establishment of Victims Counselling Scheme  
   21.     Approval of counsellors and organisations  
   22.     Application for counselling  

   PART 4--VICTIMS FINANCIAL ASSISTANCE SCHEME

           Division 1--Preliminary matters

   23.     Establishment of Victims Financial Assistance Scheme  
   24.     Assessors  
   25.     Applications generally  
   25A.    Withdrawal of application  

           Division 2--Interim payments

   25B.    Meaning of interim payment  
   26.     Application to Director for interim payment  
   27.     Decision about interim payment  
   28.     Effect of decision  
   29.     Payment  

           Division 3--Applications for awards

   29A.    Meaning of award  
   30.     Application to Director for award  
   31.     No time limit for lodging application  
   32.     Form of application  
   33.     Procedure after acceptance of application  

           Division 4--Deciding applications for awards

   34.     Deciding application and deferring decision  
   35.     Examination of and report about applicant  
   36.     Obtaining information and documents  
   37.     Award to eligible victim  
   38.     Award to primary victim  
   39.     Award to secondary victims  
   40.     Award to family victims  
   41.     When award may be reduced  
   42.     When award must be reduced  
   43.     When financial assistance must not be awarded  
   44.     Notice of decision  

           Division 5--Payments, increases and refunds of awards or interim payments

   45.     Payment of award  
   46.     Increase of award  
   47.     Refund of award or interim payment  

           Division 5A--Funeral expense assistance

   47A.    Meaning of funeral expense assistance  
   47B.    Eligibility and application for funeral expense assistance  
   47C.    Time limit for lodging application  
   47D.    Amount of funeral expense assistance  
   47E.    Deciding application  
   47F.    Payment of funeral expense assistance  
   47G.    Refund of funeral expense assistance  

           Division 5B--Closure of financial assistance application if applicant uncontactable

   47H.    Notice of proposed closure of application  
   47J.    Closure of application  
   47K.    Reopening of closed application  

           Division 6--Review of decisions

   48.     Review by NTCAT  

           Division 7--Legal representation and costs

   54.     Applications  
   55.     Review  

   PART 5--RECOVERY OF MONEY FROM OFFENDERS

           Division 1--Debt recovery notice process

   55A.    Definitions  
   55B.    Director may seek to recover amount by giving debt recovery notice  
   55C.    Content and service of debt recovery notice  
   55D.    Objection  
   55E.    Decision on objection  
   55F.    Liability to pay debt  
   55G.    Recovery of debt  

           Division 2--Court process

   56.     Territory may recover from offender  
   57.     No appeal to Supreme Court  

           Division 3--Miscellaneous matters

   58.     Recovery by set-off  
   59.     Recovered money to be paid into Fund  

   PART 6--VICTIMS ASSISTANCE FUND AND LEVY

   60.     Victims Assistance Fund  
   61.     Imposition of levy  

   PART 7--MISCELLANEOUS MATTERS

   62.     Preservation of civil claim for damages  
   63.     Obstruction and providing false information  
   64.     Inadmissibility of certain information in proceedings  
   65.     Guidelines  
   66.     Approved forms  
   67.     Delegations  
   68.     Protection from liability  
   69.     Regulations  
   70.      Review after 3 years  

   PART 8--REPEALS AND TRANSITIONAL MATTERS FOR VICTIMS OF CRIME ASSISTANCE ACT 2006

   71.     Definitions  
   72.     Repeals  
   73.     Repealed Act applies to application for assistance certificate  
   74.     Application of Act to violent act  
   75.     Fund  

   PART 9--TRANSITIONAL MATTERS FOR AMENDING LEGISLATION

           Division 1--Revenue and Other Legislation Amendment Act 2010

   76.     Application  

           Division 2--Victims of Crime Assistance Amendment Act 2013

   77.     Application  

           Division 3--Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014

   78.     Definitions  
   79.     Review of decision notified before commencement  
   80.     Review of Director's or assessor's decision made after commencement  

           Division 4--Victims of Crime Assistance Amendment Act 2023

   81.     Definitions  
   82.     References to interim payments  
   83.     Application of amendments to Part 4  
   84.     Application of funeral expense assistance provisions  
   85.     Application of debt recovery procedures  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES