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TASMANIA
__________
CRIMINAL INJURIES COMPENSATION
AMENDMENT BILL 2005
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 1 amended (Short title and commencement)
5. Section 2 amended (Interpretation)
6. Section 4 substituted
4. Basis of awards of compensation
7. Section 5 amended (Jurisdiction of Commissioner to make
awards)
8. Section 6 substituted
6. When compensation not to be awarded
6A. Limits on amount of awards
6B. Deductions from awards
9. Section 7 amended (Procedure for determining applications for
awards)
10. Section 7A amended (Recovery from offender)
[Bill 17]-IX
2
CRIMINAL INJURIES COMPENSATION
AMENDMENT BILL 2005
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Criminal Injuries Compensation Act
1976
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Criminal Injuries
Compensation Amendment Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Criminal Injuries Compensation
Act 1976* is referred to as the Principal Act.
*No. 32 of 1976
[Bill 17] 3
s. 4 No. Criminal Injuries Compensation Amendment 2005
4. Section 1 amended (Short title and commencement)
Section 1 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) This Act may be cited as the Victims of
Crime Assistance Act 1976.
5. Section 2 amended (Interpretation)
Section 2(1) of the Principal Act is amended as
follows:
(a) by omitting "or omission" from
paragraph (a) of the definition of
"criminal conduct";
(b) by omitting "or omission" from
paragraph (b) of the definition of
"criminal conduct";
(c) by inserting the following definition after
the definition of "Master":
"offence" means an offence that
involves violence by one person
against another and includes a
crime under section 127, 127A,
185, 186, 191A or 192 of the
Criminal Code;
(d) by omitting "or omission" from the
definition of "offender";
(e) by inserting the following definitions
after the definition of "offender":
4
2005 Criminal Injuries Compensation Amendment No. s. 5
"primary victim" means a person
against whom an offence is
committed;
"related victim" means a person who
is
(a) the spouse or a child,
stepchild, brother, sister,
stepbrother or stepsister
of a primary victim; or
(b) a parent or step-parent of
a primary victim who was
over 18 years of age at the
time of the offence; or
(c) in a personal relationship,
within the meaning of the
Relationships Act 2003,
with a primary victim;
(f) by omitting the definition of "victim"
and substituting the following definition:
"secondary victim" means
(a) a person who suffers
injury as a result of
witnessing an offence; or
(b) a parent, step-parent or
guardian of a primary
victim who was under 18
years of age at the time of
the offence.
5
s. 6 No. Criminal Injuries Compensation Amendment 2005
6. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Basis of awards of compensation
(1) Subject to section 6, compensation may
be awarded under this Act where a
person is killed or suffers injury
(a) as a result of the act of another
person that constitutes an offence
or would have constituted an
offence, but for the fact that that
other person had not attained a
specified age, or was insane, or
had other grounds of excuse or
justification at law for his or her
act; or
(b) in assisting a police officer in the
exercise of the power to arrest a
person or to take action to prevent
the commission of a crime by a
person.
(2) In respect of the injury of a primary
victim, compensation awarded under this
Act may be awarded to the primary
victim in respect of any one or more of
the following matters:
(a) expenses actually and reasonably
incurred by the primary victim as
a result of the injury;
(b) the cost of medical, dental,
psychological or counselling
services which the Commissioner
6
2005 Criminal Injuries Compensation Amendment No. s. 6
is satisfied the primary victim
will require in the future;
(c) loss of wages or salary by the
primary victim as a result of his
or her total or partial incapacity
for work arising from the injury;
(d) the pain and suffering of the
primary victim arising from the
injury;
(e) expenses reasonably incurred by
the primary victim in claiming
compensation.
(3) In respect of the death or injury of a
person, compensation awarded under this
Act may be awarded to a secondary
victim in respect of any one or more of
the following matters:
(a) expenses actually and reasonably
incurred by the secondary victim
as a result of his or her own
injury;
(b) if the secondary victim is a
parent, step-parent or guardian of
the primary victim, expenses
actually and reasonably incurred
by the secondary victim as a
result of the death or injury of the
primary victim;
(c) the cost of medical, psychological
or counselling services which the
Commissioner is satisfied the
7
s. 6 No. Criminal Injuries Compensation Amendment 2005
secondary victim will require in
the future;
(d) loss of wages or salary by the
secondary victim as a result of
(i) his or her total or partial
incapacity for work
arising from his or her
own injury; or
(ii) his or her total or partial
inability to work while
providing care to the
primary victim;
(e) the pain and suffering of the
secondary victim arising from his
or her own injury;
(f) expenses reasonably incurred by
the secondary victim in claiming
compensation.
(4) In respect of the death or injury of a
person, compensation awarded under this
Act may be awarded to a related victim
in respect of any one or more of the
following matters:
(a) expenses actually and reasonably
incurred by the related victim as a
result of his or her own injury;
(b) expenses actually and reasonably
incurred by the related victim as a
result of the death or injury of the
primary victim;
8
2005 Criminal Injuries Compensation Amendment No. s. 7
(c) the cost of medical, psychological
or counselling services which the
Commissioner is satisfied the
related victim will require in the
future;
(d) loss of wages or salary by the
related victim as a result of
(i) his or her total or partial
incapacity for work
arising from his or her
own injury; or
(ii) his or her total or partial
inability to work while
providing care to the
primary victim;
(e) the pain and suffering of the
related victim arising from his or
her own injury;
(f) if the primary victim dies,
financial loss if the related victim
was dependent on the primary
victim;
(g) expenses reasonably incurred by
the related victim in claiming
compensation.
7. Section 5 amended (Jurisdiction of Commissioner to
make awards)
Section 5 of the Principal Act is amended as
follows:
9
s. 8 No. Criminal Injuries Compensation Amendment 2005
(a) by omitting from subsection (2) ", or the
damage to, or destruction of, property";
(b) by omitting from subsection (2) ", or the
destruction or damage,";
(c) by omitting from subsection (3) ", or the
destruction of, or damage to, property,";
(d) by omitting subsection (8);
(e) by omitting from subsection (9) "of
making the determination" and
substituting "the claim was lodged".
8. Section 6 substituted
Section 6 of the Principal Act is repealed and the
following sections are substituted:
6. When compensation not to be awarded
(1) Compensation must not be awarded
under this Act
(a) in respect of a death or injury
caused by or arising out of the
use of a motor vehicle within the
meaning of the Vehicle and
Traffic Act 1999; or
(b) by way of exemplary or
vindictive damages or by way of
aggravated damages; or
(c) for loss of, or damage to,
property; or
10
2005 Criminal Injuries Compensation Amendment No. s. 8
(d) in respect of a death or injury in
the course of employment for
which compensation has been
paid, or is payable, under a
compensation law; or
(e) for expenses claimable
(i) under Part II of the Health
Insurance Act 1973 of the
Commonwealth; or
(ii) from a health benefits
organisation registered
under the National Health
Act 1953 of the
Commonwealth; or
(f) in respect of criminal conduct
occurring while the primary
victim is a prisoner or detainee
within the meaning of the
Corrections Act 1997.
(2) In subsection (1)(d), "compensation
law" means any other law of the State or
any law of another State, a Territory of
the Commonwealth or the
Commonwealth that relates to the
payment of compensation by an
employer in respect of the death or injury
of persons employed by the employer.
6A. Limits on amount of awards
(1) Subject to subsection (4), the total
amount awarded to a primary victim, a
secondary victim or a related victim in
respect of any particular criminal conduct
11
s. 8 No. Criminal Injuries Compensation Amendment 2005
must not exceed the prescribed
maximum.
(2) A reference in subsection (1) to
particular criminal conduct is to be
construed as a reference to
(a) a single offence; or
(b) a series of offences committed by
the same offender; or
(c) a series of offences committed
simultaneously or consecutively
by offenders acting in concert.
(3) A different maximum amount may be
prescribed for a primary victim in respect
of a series of offences than that
prescribed in respect of a single offence.
(4) Any amount awarded under
section 4(2)(b), section 4(3)(c) or
section 4(4)(c) may be paid in addition to
the prescribed maximum if the
Commissioner so determines.
6B. Deductions from awards
(1) The Commissioner may deduct from an
award to a person any one or more of the
following amounts:
(a) any pecuniary penalty imposed
on the person and owing to the
Crown;
(b) any compensation levy payable
by the person under the Victims of
Crime Compensation Act 1994;
12
2005 Criminal Injuries Compensation Amendment No. s. 9
(c) any unpaid compensation order
made against the person under
section 68 of the Sentencing Act
1997;
(d) any compensation order made
against the person under
section 7A of this Act.
(2) If an amount is deducted
(a) under subsection (1)(a), the
penalty is to be treated as paid to
the extent of that deduction; or
(b) under subsection (1)(b), the levy
is to be treated as paid to the
extent of that deduction; or
(c) under subsection (1)(c), the order
is to be treated as discharged to
the extent of that deduction; or
(d) under subsection (1)(d), the order
is to be treated as discharged to
the extent of that deduction.
9. Section 7 amended (Procedure for determining
applications for awards)
Section 7 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (1):
(1A) Subject to subsections (1B) and
(1C), an application for an award
13
s. 9 No. Criminal Injuries Compensation Amendment 2005
is to be made within 3 years after
the date of the relevant offence.
(1B) If a primary victim, secondary
victim or related victim is less
than 18 years old at the time of
the relevant offence, his or her
application for an award must be
made no later than 3 years after
he or she turns 18.
(1C) The Commissioner may extend
the 3-year period referred to in
subsection (1A) or (1B) if
satisfied that there are special
circumstances which justify the
extension.
(b) by inserting the following subsections
after subsection (7):
(8) An application for an award is to
be determined within 3 years of
the date of the application.
(9) The Commissioner may extend
the 3-year period referred to in
subsection (8) if satisfied that
there are special circumstances
which justify the extension.
(10) Where the Commissioner makes
an award in terms consented to by
the applicant, the applicant is
nevertheless entitled to be heard
by the Commissioner in respect
of a matter other than the amount
of the award.
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2005 Criminal Injuries Compensation Amendment No. s. 10
10. Section 7A amended (Recovery from offender)
Section 7A(2) of the Principal Act is amended
by omitting "together with the whole of any
costs awarded in respect of the application for
the award pursuant to section 5(8)".
Government Printer, Tasmania 15