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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victims of Crime Assistance (Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Amendment to power of delegation 2
5. Withdrawal of applications 2
29A. Right to withdraw an application 2
6. Striking out applications made out of time 2
7. Issue of warrant to arrest against witness 3
8. Interim awards 3
9. Protection of registrars 4
10. Supreme Court--limitation of jurisdiction 4
NOTES 5
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PARLIAMENT OF VICTORIA
A BILL
to amend the Victims of Crime Assistance Act 1996 and for other
purposes.
Victims of Crime Assistance
(Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Victims of Crime Assistance
Act 1996.
5 2. Commencement
This Act comes into operation on the day on
which it receives the Royal Assent.
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Victims of Crime Assistance (Amendment) Act 1997
s. 3
Act No.
3. Principal Act
No. 81/1996. In this Act, the Victims of Crime Assistance Act
1996 is called the Principal Act.
4. Amendment to power of delegation
5 (1) In section 24(a) of the Principal Act, after
"application" insert "for assistance".
(2) In section 24 of the Principal Act, at the end of the
section insert--
"(2) Nothing in sub-section (1) prevents the
10 delegation of the power to hear or determine
an application under section 29A.".
5. Withdrawal of applications
After section 29 of the Principal Act insert--
"29A. Right to withdraw an application
15 (1) An applicant for assistance under this Act
may, at any time prior to the hearing or
determination of the application, apply in
writing to the Tribunal to withdraw the
application for assistance.
20 (2) If an applicant makes an application for
withdrawal in accordance with sub-section
(1), the Tribunal must make an order striking
out the application for assistance."
6. Striking out applications made out of time
25 (1) In section 29(2) of the Principal Act--
(a) for "refuse to accept" substitute " strike
out";
(b) for "to be accepted" substitute "not to be
struck out".
30 (2) In section 29(3) of the Principal Act, for "accept"
substitute "further hear and determine".
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(3) In section 29(4) of the Principal Act, for "accept"
substitute "decide to further hear and determine".
7. Issue of warrant to arrest against witness
In section 37 of the Principal Act, after sub-
5 section (1) insert--
"(1A) The Tribunal may issue a warrant to arrest
against a witness who has been served with a
summons to attend the Tribunal and who has
failed to attend as required by the summons.
10 (1B) The provisions of Division 3 of Part 4 of the
Magistrates' Court Act 1989 relating to
warrants to arrest extend and apply to
warrants issued under sub-section (1A), with
any necessary modifications.".
15 8. Interim awards
(1) In section 56(2) of the Principal Act, for "The"
substitute "Subject to sub-section (2A), the".
(2) In section 56 of the Principal Act, after sub-
section (2) insert--
20 "(2A) If an application for assistance--
(a) indicates that the applicant has made a
report to the police in relation to the
alleged criminal act; and
(b) is accompanied by a medical report
25 from a registered medical practitioner
within the meaning of the Medical
Practice Act 1994 stating that the
applicant urgently requires psychiatric
treatment as a result of the injury or
30 death--
the Tribunal may at any time, without the
necessity to be satisfied as to the matters
referred to in sub-section (2), make an
interim award made up of amounts for--
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(c) psychiatric treatment expenses actually
and reasonably incurred, or reasonably
likely to be incurred, by the victim; and
(d) expenses actually and reasonably
5 incurred by the victim in obtaining the
medical report referred to in paragraph
(b).".
9. Protection of registrars
In section 63 of the Principal Act, after sub-
10 section (1) insert--
"(1A) The principal registrar of the Tribunal, a
registrar and a deputy registrar of the
Tribunal have, in the exercise of powers or
performance of duties as such, the same
15 protection and immunity as a member of the
Tribunal has under sub-section (1)."
10. Supreme Court--limitation of jurisdiction
In section 71 of the Principal Act, at the end of the
section insert--
20 "(2) It is the intention of section 63(1A) to alter
or vary section 85 of the Constitution Act
1975.".
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Victims of Crime Assistance (Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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