Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SCHEDULE 1

TRANSITIONAL PROVISIONS

1. Definitions

In this Schedule- commencement day means the day on which section 19 comes
into operation; former Act means the Criminal Injuries Compensation Act 1983
as in force immediately before its repeal; former Tribunal means a Crimes
Compensation Tribunal appointed under the former Act; new Tribunal means the
Victims of Crime Assistance Tribunal established by Part 3 of this Act.

2. Abolition of former Tribunals

On the commencement day-

   (a)  each former Tribunal is abolished and the person appointed to be the
        Tribunal goes out of office as the Tribunal;

   (b)  all rights, property and assets that, immediately before that day,
        were vested in a former Tribunal are, by force of this clause, vested
        in the new Tribunal;

   (c)  all debts, liabilities and obligations of a former Tribunal existing
        immediately before that day become, by force of this clause, debts,
        liabilities and obligations of the new Tribunal;





   (d)  the new Tribunal is, by force of this clause, substituted as a party
        to any proceeding pending in any court or tribunal to which a former
        Tribunal was a party immediately before that day;

   (e)  the new Tribunal is, by force of this clause, substituted as a party
        to any contract or arrangement entered into by or on behalf of a
        former Tribunal as a party and in force immediately before that day;

   (f)  subject to this Act, any reference to a former Tribunal in any Act
        (other than this Act) or in any subordinate instrument within the
        meaning of the Interpretation of Legislation Act 1984 must, on and
        from that day, be construed as a reference to the new Tribunal, unless
        the context otherwise requires.

3. Staff of former Tribunal

A person who, immediately before the commencement day, was a registrar or
deputy registrar of a former Tribunal or of the former Tribunals becomes, on
and from that day but subject to the Public Sector Management and Employment
Act 1998, a registrar or deputy registrar of the new Tribunal, as the case
requires.

4. Pending applications or matters



(1) An application that had been made under section 7, 25, 27 or 29 of the
former Act, or a matter that was before a former Tribunal under section 28, 31
or 32 of that Act, but had not been finally determined as at the commencement
day must continue to be dealt with in accordance with the former Act as if
that Act had not been repealed.



(2) Subject to subclause (3), an application or matter referred to in
subclause (1) is to be dealt with by the new Tribunal in accordance with the
former Act and for that purpose-

   (a)  the new Tribunal has all the powers, functions and duties of the
        former Tribunal under the former Act; and

   (b)  anything done in relation to the application or matter by the former
        Tribunal before the commencement day is deemed to have been done by
        the new Tribunal; and

   (c)  the new Tribunal may have regard to any record of the former Tribunal
        relating to the application or matter.

(3) If a former Tribunal had decided to conduct a hearing of an application or
matter and before the commencement day evidence on any question of fact
material to the application or matter had been given to the former Tribunal at
a hearing, the former Tribunal must continue to deal with that application or
matter in accordance with the former Act until it is finally determined.

(4) For the purpose of subsection (3) and despite anything to the contrary in
this Act, a former Tribunal continues to exist until all applications or
matters referred to in subclause (3) have been finally determined.

(5) Despite its repeal, section 26 of the former Act continues to apply with
respect to decisions of a former Tribunal or the new Tribunal made under this
clause after the commencement day in respect of an application or matter
referred to in subclause (1).

(6) Division 1 of Part 4 does not apply to a decision referred to in subclause
(5).

(7) If any difficulty arises in relation to an application or matter because
of the operation of this clause, the Chief Magistrate may make any order that
he or she considers appropriate to resolve the difficulty.

(8) The Chief Magistrate may make an order under subclause (7) on the
application of a party to the proceeding or matter or on his or her own
initiative.

5. Applications in respect of acts before the commencement day



(1) Subject to this Act, an application may be made by a person under this Act
in respect of an act of violence that occurred before the commencement day
provided that no application by that person in the same capacity had been made
under section 7 of the former Act or any corresponding previous enactment in
respect of that act of violence before that day.

(2) Subject to subclause (3), an application cannot be made under this Act in
respect of an act of violence that occurred before the commencement day by a
person-

   (a)  who would not have been entitled to make an application under section
        7 of the former Act or any corresponding previous enactment in respect
        of that act of violence had this Act not been enacted; or

   (b)  who would not have been entitled to make an application under this Act
        in respect of that act of violence had it occurred on or after that
        day.





(3) Subclause (2) does not exclude an application in respect of an injury that
is an injury as defined in this Act but was not an injury as defined in the
former Act or any corresponding previous enactment.

(4) Without limiting subclause (1) and despite subclause (2), an application
may be made under this Act in respect of an injury (as defined in the former
Act) that occurred within 1 year before the commencement day by a person who-

   (a)  would have been entitled to make an application under section 7 of the
        former Act in respect of that injury had this Act not been enacted but
        who would not have been entitled to make an application under this Act
        in respect of that injury had the act of violence occurred on or after
        that day; and

   (b)  had not made an application under the former Act in respect of that
        injury before that day.

6. Applications under former Act by persons who would be secondary victims
under this Act



(1) Despite its repeal, an application may be made under section 7 of the
former Act on or after the commencement day in respect of an injury (as
defined in that Act) that occurred within 1 year before that day by a person
who-

   (a)  would have been entitled to make an application under this Act as a
        secondary victim of an act of violence that resulted in that injury
        and in the death of the primary victim of that act had that act
        occurred on or after that day; and

   (b)  had not made an application under the former Act in respect of that
        injury before that day.

(2) An application referred to in subclause (1) is to be dealt with by the new
Tribunal in accordance with the former Act and for that purpose it has all the
powers, functions and duties of the former Tribunal under the former Act.

(3) Despite its repeal, section 26 of the former Act continues to apply with
respect to decisions of the new Tribunal made under this clause after the
commencement day in respect of an application referred to in subclause (1).

(4) Division 1 of Part 4 does not apply to a decision referred to in subclause
(3).

7. Variation of old awards



(1) Despite its repeal, section 25 of the former Act continues to apply with
respect to orders for compensation made under the former Act by a former
Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.

(2) An application under section 25 of the former Act made on or after the
commencement day is to be dealt with by the new Tribunal in accordance with
the former Act and for that purpose the new Tribunal has all the powers,
functions and duties of a former Tribunal under the former Act.

(3) Despite its repeal, section 26 of the former Act continues to apply with
respect to decisions of the new Tribunal under section 25 of the former Act
refusing to vary an award or determining the amount of compensation on an
application for variation of an award.

(4) Division 1 of Part 4 does not apply to a decision referred to in subclause
(3).





8. Recovery from offender



(1) Despite its repeal, section 27 of the former Act continues to apply with
respect to orders for the payment of compensation made under the former Act by
a former Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.

(2) An application under section 27 of the former Act made on or after the
commencement day is to be dealt with by the new Tribunal in accordance with
the former Act and for that purpose the new Tribunal has all the powers,
functions and duties of a former Tribunal under the former Act.

(3) Despite its repeal, section 26 of the former Act continues to apply with
respect to decisions of the new Tribunal under section 27 of the former Act to
make an order under section 27.

(4) Division 1 of Part 4 does not apply to a decision referred to in subclause
(3).

9. Refund of old awards



(1) Despite its repeal, section 28 of the former Act continues to apply with
respect to awards of compensation made under the former Act by a former
Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.

(2) The new Tribunal, for the purpose of determining under section 28(3) of
the former Act that a person is required to make a refund or the amount of
that refund, has all the powers, functions and duties of a former Tribunal
under the former Act.

(3) Despite its repeal, section 26 of the former Act continues to apply with
respect to decisions of the new Tribunal under section 28 of the former Act
determining that a person is required to make a refund or determining the
amount of such a refund.

(4) Division 1 of Part 4 does not apply to a decision referred to in subclause
(3).

10. Recovery of old awards between dependants



(1) Despite its repeal, section 29 of the former Act continues to apply with
respect to awards of compensation made under the former Act by a former
Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.

(2) An application under section 29 of the former Act made on or after the
commencement day is to be dealt with by the new Tribunal in accordance with
the former Act and for that purpose the new Tribunal has all the powers,
functions and duties of a former Tribunal under the former Act.

(3) Despite its repeal, section 26 of the former Act continues to apply with
respect to decisions of the new Tribunal under section 29 of the former Act
refusing to vary an award or determining the amount of compensation on an
application for variation of an award.

(4) Division 1 of Part 4 does not apply to a decision referred to in subclause
(3).

11. Enforcement of old costs orders

Despite its repeal, section 32(2) of the former Act continues to apply with
respect to orders made under section 32(1) of the former Act by a former
Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.

12. Money held by former Tribunal

Any money held by a former Tribunal immediately before the commencement day on
trust for any person under the former Act must, on and from that day, be held
by the new Tribunal on trust for the same purpose and on the same terms.

13. Final annual report of former Tribunal



(1) Before 30 September 1997 the new Tribunal must submit a report to the
Minister on the performance by the former Tribunals of their functions, powers
and duties during the year ending on 30 June 1997.

(2) The Minister must cause the report under subclause (1) to be laid before
each House of the Parliament within 7 sitting days of that House after it is
received by the Minister.

14. Application of former Act and regulations

If a provision of the former Act continues to apply by force of this Schedule,
the following provisions also continue to apply in relation to that provision:

   (a)  any other provision of the former Act necessary to give effect to that
        continued provision; and

   (b)  any regulation made under the former Act for the purposes of that
        continued provision.

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