Victims of Crime (Financial Assistance) Act 2016

The Executive may make regulations for this Act.

A regulation may create offences and fix maximum penalties of not more than 10 penalty units for the offences.

Schedule 1 Offences—act of violence (see s 7)

Part 1.1 Definitions

1.1 Definitions—sch 1

In this schedule:

Crimes Act means the Crimes Act 1900.

Family Violence Act means the Family Violence Act 2016.

Firearms Act means the Firearms Act 1996.

Public Order Act means the Public Order (Protection of Persons and Property) Act 1971 (Cwlth).

RT (S and TM) Act means the Road Transport (Safety and Traffic Management) Act 1999.

Part 1.2 Offences

Division 1.2.1 General offences

column 1 item column 2 legislation column 3 provision column 4 description

1

Crimes Act an offence against pt 2 offences against the person

2

Crimes Act an offence against pt 3 sexual offences

3

Crimes Act an offence against pt 3A intimate image abuse

4

Crimes Act an offence against pt 4 female genital mutilation

5

Crimes Act an offence against pt 5 sexual servitude

6

Criminal Code

309 robbery

7

Criminal Code

310 aggravated robbery

Division 1.2.2 Family violence offences

column 1 item column 2 legislation column 3 provision column 4 description

1

Crimes Act

116 destroying or damaging property

2

Crimes Act

117 arson

3

Crimes Act

151 forcible entry on land

4

Crimes Act

154 (1) trespass on government premises

5

Crimes Act

154 (2) (a) engage in unreasonable obstruction etc in relation to the use of government premises

6

Crimes Act

154 (2) (b) behave in an offensive or disorderly manner while in or on government premises

7

Crimes Act

154 (2) (c) refuse or neglect to leave government premises when directed

8

Crimes Act

380 possession of offensive weapons and disabling substances

9

Crimes Act

381 possession of offensive weapons and disabling substances with intent

10

Crimes Act

392 offensive behaviour

11

Criminal Code

311 burglary

12

Criminal Code

316 going equipped with offensive weapon for theft etc

13

Criminal Code

403 damaging property

14

Criminal Code

404 arson

15

Criminal Code

405 causing bushfires

16

Criminal Code

406 threat to cause property damage—fear of death or serious harm

17

Criminal Code

407 threat to cause property damage

18

Criminal Code

408 possession of thing with intent to damage property

19

Family Violence Act

43 contravention of family violence order

20

Firearms Act

177 unregistered firearms

21

Firearms Act

221 discharge of firearms or possession endangering life

22

Public Order Act

11 offences on premises in a territory

23

RT (S and TM) Act

6 (1) negligent driving

24

RT (S and TM) Act

7 (1) furious, reckless or dangerous driving

25

RT (S and TM) Act

8 (1) or (2) menacing driving

Schedule 2 Reviewable decisions (see pt 9)

Part 2.1 Internally reviewable decisions

column 1 item column 2 section column 3 decision column 4 entity

1

32 not to extend time for making application applicant for extension of time

2

46 amount of financial assistance applicant for financial assistance

3

47 amount of reduction of financial assistance applicant for financial assistance

4

50 variation of amount of financial assistance applicant for variation

5

63 suspension of financial assistance applicant for financial assistance

6

71 (3) deciding amount payable by 2 or more offenders offender required to pay amount decided

Part 2.2 Reviewable decisions

column 1 item column 2 section column 3 decision column 4 entity

1

32 not to extend time for making application applicant for extension of time

2

44 deciding whether applications for financial assistance involve related acts of violence applicant for financial assistance

3

45 financial assistance not to be given applicant for financial assistance

4

46 amount of financial assistance applicant for financial assistance

5

47 amount of reduction of financial assistance applicant for financial assistance

6

50 variation of amount of financial assistance applicant for variation

7

63 suspension of financial assistance applicant for financial assistance

8

67 requirement to repay financial assistance person who received financial assistance

9

71 (3) deciding amount payable by 2 or more offenders offender required to pay amount decided

10

77 requirement to pay, and amount of, recoverable amount offender who received recovery notice

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 ACT

 Criminal Code

 director‑general (see s 163)

 domestic partner (see s 169 (1))

 found guilty

 health practitioner

 home address

 human rights commission

 Minister (see s 162)

 parent

 penalty unit (see s 133)

 proceeding

 public servant

 registrar

 territory law

 the Territory.

Aboriginal or Torres Strait Islander person means a person who—

is a descendant of an Aboriginal person or a Torres Strait Islander person; and

identifies as an Aboriginal person or a Torres Strait Islander person; and

is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

act of violence—see section 7.

application for financial assistance means an application to the commissioner under section 31.

assisted person means a person who receives financial assistance under part 3 (Financial assistance) or a funeral expense payment under part 4 (Funeral expenses).

associated payment to a person (the applicant) who has received, or is eligible to receive, financial assistance or a funeral expenses payment—

means an amount, other than an amount received under this Act, that has been paid to the applicant (or to another person for the applicant) as a result of an act of violence that is the subject of the applicant’s application for any financial assistance or funeral expense; and

includes any of the following to the extent that they relate to the act of violence that is the subject of the application:

an award of damages in a civil proceeding;

a payment under a workers’ compensation law;

an insurance payment;

a payment made under a reparation order under the Crimes (Sentencing) Act 2005.

class A related victim—see section 13.

class B related victim—see section 14.

class C related victim—see section 15.

close family member, of a primary victim—see section 17.

commissioner—see the Victims of Crime Act 1994, dictionary.

commissioner’s guidelines—see section 87.

conduct includes related conduct.

contact with the commissioner includes contact with—

a member of the staff of the commissioner; or

a delegate of the commissioner.

convicted, for part 7 (Victims financial assistance levy)—see section 81.

convicts, for part 7 (Victims financial assistance levy)—see section 81.

Crimes Act, for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.

dependant, of a primary victim, means—

a person who is wholly or partly dependent for economic support on the primary victim at the time of the primary victim’s death; or

a person who would have been wholly or partly dependent for economic support on the primary victim’s income at the time of the primary victim’s death but for the incapacity of the primary victim because of the act of violence that resulted in the death; or

a child of the primary victim born after the primary victim’s death who would have been a dependant of the primary victim under paragraph (a) or (b) if the child had been born before the death.

economic loss payment means a financial payment under section 27.

Family Violence Act, for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.

financial assistance means any of the following:

an economic loss payment;

an immediate need payment;

a recognition payment.

financially independent, of a primary victim, means a person who is not dependant on the primary victim at the time of the primary victim’s death.

Firearms Act, for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.

funeral expense payment means a financial payment under part 4 (Funeral expenses).

homicide—see section 10.

homicide witness, in relation to a homicide—see section 16.

immediate need payment means a financial payment under section 26.

injury—see section 9.

internally reviewable decision, for part 9 (Notification and review of decisions)—see section 90.

internal review notice, for part 9 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).

intimate partner—see the Family Violence Act 2016, section 10.

mental disorder—see the Mental Health Act 2015, dictionary.

mental illness—see the Mental Health Act 2015, dictionary.

offence, for part 7 (Victims financial assistance levy)—see section 80.

offence against the person means an offence against a provision mentioned in schedule 1 (Offences—act of violence), division 1.2.1 (General offences), column 3, item 1, 6, or 7.

offender, for part 6 (Recovery from offender)—see section 69.

offensive weapon—see the Crimes Act 1900, dictionary.

official, for part 8 (Administration)—see section 85.

primary victim—see section 11.

Public Order Act, for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.

recognition payment means a financial payment under—

for a primary victim—section 28; or

for a class A related victim—section 29; or

for a class B related victim—section 30.

recompensed offence, for part 6 (Recovery from offender)—see section 69.

recoverable amount, that applies to an offender, for part 6 (Recovery from offender)—see section 69.

recovery action, by the commissioner, for part 6 (Recovery from offender)—see section 69.

recovery intention notice, for part 6 (Recovery from offender)—see section 74.

recovery notice, for part 6 (Recovery from offender)—see section 69.

related victim—see section 12.

relative, of a person, means—

means the person’s—

father, mother, grandfather, grandmother, stepfather, stepmother, father-in-law or mother-in-law; or

son, daughter, grandson, granddaughter, stepson, stepdaughter, son-in-law or daughter-in-law; or

brother, sister, half-brother, half-sister, stepbrother, stepsister, brother-in-law or sister-in-law; or

uncle, aunt, uncle-in-law or aunt-in-law; or

nephew, niece or cousin; and

if the person has or had a domestic partner (other than a spouse or civil union partner)—includes someone who would have been a relative mentioned in paragraph (a) if the person had been married to or in a civil union with the domestic partner; and

Note For the meaning of domestic partner, see the Legislation Act, s 169.

For ACT law, a person acquires relatives through civil union in the same way as they acquire them through marriage (see Civil Unions Act 2012, s 6 (2)).

includes—

someone who has been a relative mentioned in paragraph (a) or (b) of the person; and

if the person is an Aboriginal or Torres Strait Islander person, the following people:

someone the person has responsibility for, or an interest in, in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community;

someone who has responsibility for, or an interest in, the person in accordance with the traditions and customs of the person’s Aboriginal or Torres Strait Islander community; and

someone regarded and treated by the person as a relative; and

anyone else who could reasonably be considered to be, or have been, a relative of the person.

relevant person, in relation to a person (the original person) means—

a domestic partner or former domestic partner of the original person; or

Note A domestic partner need not be an adult (see Legislation Act, s 169).

an intimate partner or former intimate partner of the original person; or

a relative of the original person; or

a child of a domestic partner or former domestic partner of the original person; or

a parent of a child of the original person.

repayment amount, that applies to an assisted person who has received an associated payment, for part 5 (Repayment of financial assistance and funeral expenses by assisted person)—see section 62.

repayment arrangement notice, for part 5 (Repayment of financial assistance and funeral expenses by assisted person)—see section 62.

repayment direction notice, for part 5 (Repayment of financial assistance and funeral expenses by assisted person)—see section 62.

reviewable decision, for part 9 (Notification and review of decisions)—see section 90.

RT (S and TM) Act, for schedule 1 (Offences—act of violence)—see schedule 1, section 1.1.

schedule 1 offence means—

an offence against a provision mentioned in an item in schedule 1 (Offences—act of violence), division 1.2.1 (General offences), column 3 of an Act mentioned in the item, column 2; and

if the victim of an offence is a relevant person in relation to the person who carried out the offence—an offence against a provision mentioned in an item in schedule 1 (Offences—act of violence), division 1.2.2 (Family violence offences), column 3 of an Act mentioned in the item, column 2.

sexual offence means an offence against a provision mentioned in schedule 1 (Offences—act of violence), division 1.2.1 (General offences), column 3, item 2, 4 or 5.

victims services scheme means the victims service scheme established under the Victims of Crime Act 1994, section 19.

workers’ compensation law means the Workers Compensation Act 1951, or any other law applying in the ACT that provides for the payment of compensation for injuries arising out of or in the course of employment.