VICTIMS OF CRIME ASSISTANCE ACT 2009 - SCHEDULE 2

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SCHEDULE 2

SCHEDULE 2 – Amounts and categories for special assistance

1 Amount of special assistance payable

(1) The amount of special assistance payable in relation to an act of violence is as follows—

(a) generally—the amount stated for the act in section 2 having regard to its category;

(b) if the act is a category B, C or D act of violence and category A circumstances apply to the primary victim of the act—the amount stated in section 2 for a category A act of violence;

(c) if the act is a category C or D act of violence and category B circumstances apply to the primary victim of the act—the amount stated in section 2 for a category B act of violence;

(d) if the act is a category D act of violence and category C circumstances apply to the primary victim of the act—the amount stated in section 2 for a category C act of violence.

(2) If an act of violence involves a series of related crimes or a series of related acts of domestic violence, the special assistance payable in relation to the act of violence must be worked out, and is payable only, in relation to the act of violence in the series that is of the highest category.

Note—

Section 4 states the order of the categories of acts of violence.

(3) In this section—


"category A circumstances" , for a primary victim of a category B, C or D act of violence, means the victim has, as a direct result of the act—

(a) suffered a very serious injury; or

(b) been infected with a very serious disease.

"category B circumstances" , for a primary victim of a category C or D act of violence, means—

(a) the victim has, as a direct result of the act—

(i) suffered a serious injury; or

(ii) been a victim of a series of related crimes; or

(iii) suffered a deprivation of liberty; and

(b) when the act of violence was committed or, if the act of violence involved a series of related crimes, when 1 or more of the acts were committed, the victim was—

(i) a child under 16 years; or

(ii) a person over 60 years; or

(iii) a person with impaired capacity.

"category C circumstances" , for a primary victim of a category D act of violence, means—

(a) the victim has, as a direct result of the act, been a victim of a series of related crimes; or

(b) the act of violence does not involve a series of related crimes and when the act of violence was committed, the victim was—

(i) a child under 16 years; or

(ii) a person over 60 years; or

(iii) a person with impaired capacity.

"serious injury" means an injury involving 2 or more of the kinds of injury mentioned in section 27 (1) (a) to (f) .


"very serious disease" means a disease that is life threatening, and includes human immunodeficiency virus (HIV).


"very serious injury" —

1 A
"very serious injury" is—

(a) a bodily injury that—

(i) has resulted in a loss of a bodily function (including a loss of capacity to have children), impairment of a bodily function (including a reduction of capacity to have children), or disfigurement; and

(ii) has resulted in a permanent and significant reduction in quality of life or is otherwise very serious; or

(b) a bodily injury that has resulted in the destruction of the life of an unborn child; or

(c) a mental illness or disorder, or intellectual impairment, that has resulted in a permanent and significant reduction in quality of life or is otherwise very serious.

2 However, a bodily injury mentioned in paragraph 1(a), or a mental illness or disorder or intellectual impairment mentioned in paragraph 1(c), is not a very serious injury if the injury, or illness or disorder or impairment, would stop being very serious if it were subjected to medical or other treatment, including, for example, because the reduction in quality of life is alleviated.

2 Amount of special assistance

The amount of special assistance payable in relation to an act of violence is as follows—

3 Categories of acts of violence

(1) A
"category A act of violence" is an act of violence involving any of the following—

(a) attempted murder;

(b) rape;

(c) incest with a person under the age of 16 or with an impaired capacity;

(d) an act that constitutes an offence under the Criminal Code , section 229B .

(2) A
"category B act of violence" is an act of violence that is not a category A act of violence and involves any of the following—

(a) an attempt to commit a category A act of violence;

(b) a sexual offence;

(c) grievous bodily harm;

(d) an offence described in the Criminal Code , section 317 ;

(e) robbery while armed or with personal violence or in company;

(f) burglary with violence;

(g) torture;

(h) kidnapping;

(i) an offence described in the Criminal Code , section 316 ;

(j) an act of violence that is domestic violence.

(3) A
"category C act of violence" is an act of violence that is not a category A or B act of violence and involves any of the following—

(a) an attempt to commit a category B act of violence;

(b) serious assault as described in the Criminal Code , section 340 ;

(c) robbery;

(d) unlawful wounding;

(e) assault occasioning bodily harm, including while armed or in company;

(f) an offence described in the Criminal Code , section 364 .

(4) A
"category D act of violence" is an act of violence that is not a category A, B or C act of violence, including—

(a) an attempt to commit a category C act of violence; and

(b) an act of violence involving any of the following if the act is not a category A, B or C act of violence—

(i) assault;

(ii) unlawful stalking, intimidation, harassment or abuse;

(iii) deprivation of liberty.

4 Order of categories of act of violence

For this Act, the descending order of categories of acts of violence is as follows—

(a) category A act of violence;

(b) category B act of violence;

(c) category C act of violence;

(d) category D act of violence.