Victims of Crime (Financial Assistance) Act 2016

An amount prescribed by regulation under the following sections must be amended each year in line with variations in the CPI that happen after the commencement of the regulation in which the amount is prescribed:

section 24 (Maximum total financial assistance);

section 28 (Recognition payment for primary victim);

section 29 (Recognition payment for class A related victim);

section 30 (Recognition payment for class B related victim).

However, if an amount required to be amended in accordance with subsection (1) would be reduced because of a reduction in the CPI (a negative adjustment), the amount must not be amended in line with the negative adjustment.

An amount that, in accordance with subsection (2), is not reduced may be increased in line with an adjustment in the CPI that would increase the amount only to the extent that the increase, or part of the increase, is not one that would cancel out the effect of the negative adjustment.

Subsection (3) does not apply to a negative adjustment once the effect of the negative adjustment has been offset against an increase in line with an adjustment in the CPI.

Example—adjustments

An amount prescribed by regulation is $100. There is a 20% increase in the CPI after the section commences. The amount prescribed becomes $120 ($100 + 20%).

There is then a 10% drop in the CPI. The amount does not change from $120 (although if it had changed it would be $108).

There is a 20% increase in the CPI. The 20% increase is not to the $120, but to the $108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount ($120) increased by so much of the 20% increase that did not cancel out the effect of the adjustment down to $108.

In this section:

CPI means the All Groups Consumer Price Index (Canberra) issued by the Australian statistician.

Division 3.3 Financial assistance