Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 10A

Additional assistance available to certain secondary victims

10A. Additional assistance available to certain secondary victims



(1) In exceptional circumstances and within the limit set by section 10(1),
there may also be included in the amount awarded to a person-

   (a)  who is a secondary victim by virtue of section 9(1); and

   (b)  of whom the primary victim of the act of violence is a family member;
        and

   (c)  who was under the age of 18 years at the time of the commission of the
        act of violence-

an amount for other expenses actually and reasonably incurred, or reasonably
likely to be incurred, by the secondary victim to assist his or her recovery
from witnessing the act of violence.

(2) In exceptional circumstances and within the limit set by section 10(1),
there may also be included in the amount awarded to a person who is a
secondary victim by virtue of section 9(2) an amount for other expenses
actually and reasonably incurred, or reasonably likely to be incurred, by the
secondary victim to assist his or her recovery from becoming aware of the act
of violence.

(3) In this section family member, in relation to a person, means-

   (a)  the spouse, former spouse, domestic partner or former domestic partner
        of that person; or



   (b)  a person who is or has been a relative of that person; or

   (c)  a child who normally or regularly resides with that person; or

   (d)  another person who is or has been ordinarily a member of the household
        of that person.

(4) For the purposes of the definition of family member in subsection (3)-



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   (b)  a relative, in relation to a person, means-

   (i)  a father, mother, grandfather, grandmother, step-father, step-mother,
        father-in-law or mother-in-law of that person; or

   (ii) a son, daughter, grandson, granddaughter, step-son, step-daughter,
        son-in-law or daughter-in-law of that person; or

   (iii) a brother, sister, half-brother, half-sister, brother-in-law or
        sister-in-law of that person; or

   (iv) an uncle, aunt, uncle-in-law or aunt-in-law of that person; or

   (v)  a nephew or niece of that person; or

   (vi) a cousin of that person- and includes, in the case of domestic
        partners, a person who would be such a relative if the domestic
        partners were married to each other.

Division 3-Related victim