Victims Support Act 2013

This Act is the Victims Support Act 2013.

This Act commences on the date of assent to this Act.

In this Act—

act of modern slavery—see section 19A.

act of violence—see section 19.

agency means any of the following—

a Government agency,

a person or non-government agency funded by the State to provide support services to victims of crime.

Charter of Victims Rights means—

the Charter set out in the Victims Rights and Victims of Crime Commissioner Act 2025, section 6, and

in relation to a victim of a forensic patient—the Charter set out in the Victims Rights and Victims of Crime Commissioner Act 2025, section 7.

conviction includes—

an order made under section 10 of the Crimes (Sentencing Procedure) Act 1999, and

except in Part 5, an order made under section 33 of the Children (Criminal Proceedings) Act 1987 (other than section 33 (1) (a) (i)).

family victim—see section 22.

forensic patient has the same meaning as in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

function includes a power, authority or duty and exercise a function includes perform a duty.

Fund means the Victims Support Fund.

primary victim—see section 20.

relevant victims register means the following—

the Victims Register within the meaning of the Children (Detention Centres) Act 1987,

the Victims Register within the meaning of the Crimes (Administration of Sentences) Act 1999,

the Victims Register within the meaning of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

responsible agency, for a relevant victims register, means the following—

for the Victims Register kept under the Children (Detention Centres) Act 1987—the government agency responsible, from time to time, under that Act, section 100A(3) for keeping the Victims Register,

for the Victims Register kept under the Crimes (Administration of Sentences) Act 1999—the government agency responsible, from time to time, under that Act, section 282(1) for keeping the Victims Register,

for the Victims Register kept under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020—the Scheme Executive.

road crime—see section 19AB.

Scheme means the Victims Support Scheme established by this Act.

Scheme Executive means the person employed under the Government Sector Employment Act 2013 as the Scheme Executive.

secondary victim—see section 21.

Secretary means the Secretary of the Department of Justice.

support services include welfare, health, counselling and legal assistance services.

Tribunal means the Civil and Administrative Tribunal.

victim of an act of violence—see section 18.

victim of crime has the same meaning as in the Victims Rights and Victims of Crime Commissioner Act 2025.

Victims of Crime Commissioner has the same meaning as in the Victims Rights and Victims of Crime Commissioner Act 2025.

victims group means an organisation that provides support services for victims of crime.

victims rights agency means the following—

the Department of Communities and Justice,

the Cabinet Office,

a local health district or statutory health corporation within the meaning of the Health Services Act 1997,

the Mental Health Review Tribunal constituted under the Mental Health Act 2007,

the NSW Police Force,

the Office of the Director of Public Prosecutions,

a responsible agency for a relevant victims register.

victims support—see section 18.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(Repealed)

A Scheme Executive and such other staff as are necessary for the purposes of this Act are to be employed under Part 4 of the Government Sector Employment Act 2013.

The Scheme Executive may arrange for the use of the services of any staff or facilities of a Government agency and may, with the approval of the Secretary, engage such consultants or contractors as are necessary for the purposes of this Act.

The Scheme Executive has and may exercise such functions as are conferred or imposed on the Scheme Executive by or under this or any other Act.

The Scheme Executive may delegate the exercise of any function of the Scheme Executive (other than this power of delegation) to the following—

any member of staff referred to in section 8,

any person of a class prescribed by the regulations.

The Scheme Executive has the following functions—

to provide information to victims of crime (and members of the immediate family of missing persons) about support services and assistance for victims of crime and such persons,

to co-ordinate the delivery of support services for victims of crime and members of the immediate family of missing persons and to encourage the effective and efficient delivery of those services,

to provide funding to victims groups approved by the Scheme Executive,

(Repealed)

to manage the Victims Register established under Part 8 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020,

to consider, and determine, applications under this Act for victims support,

the functions conferred on the Scheme Executive under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.

This section does not affect the exercise of functions of the Secretary under the Government Sector Employment Act 2013 with respect to the Scheme Executive.

The Scheme Executive may, in connection with the exercise of the functions of the Scheme Executive under this Act, make such inquiries and undertake such investigations as the Scheme Executive considers necessary.

The Scheme Executive may, by notice in writing, request that any person provide, or require any Government agency to provide, the Scheme Executive with information (including documents) relevant to the exercise of the Scheme Executive’s functions under this Act.

Any such notice may specify a day on or before which the information is required to be provided.

A person who provides the Scheme Executive with information that the person knows is false or misleading in a material particular is guilty of an offence.

Maximum penalty—100 penalty units, in the case of a corporation, and 50 penalty units in any other case.

If documents are given to the Scheme Executive under this section, the Scheme Executive—

may take possession of, and make copies of or take extracts from, the documents, and

may keep possession of the documents for such period as is necessary for the purposes of exercising the function concerned, and

during that period must permit the documents to be inspected at all reasonable times by the persons who would be entitled to inspect them if they were not in the possession of the Scheme Executive.

A Government agency is not required to provide any information under this section if there is an overriding public interest against the disclosure of the information for the purposes of the Government Information (Public Access) Act 2009 or if access to the information would otherwise be denied under that Act.

An annual report of the work of the Scheme Executive must be included in the annual report of the department in which this Act is administered.

There is established in the Special Deposits Account a fund called the Victims Support Fund.

The Secretary has the control and management of the Fund.

The Secretary may invest money in the Fund—

if the Department of Justice is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that the Department of Justice is permitted to invest money under that Part, or

if the Department of Justice is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the investment of trust funds.

The following are to be paid into the Fund—

all proceeds confiscated under the Confiscation of Proceeds of Crime Act 1989,

all money required by the Criminal Assets Recovery Act 1990 to be credited to the Fund,

all money payable under Part 5 that is recovered under this Act or under the Fines Act 1996,

all money recovered under Part 7,

all money advanced to the Fund by the Treasurer, or appropriated by Parliament, for the purposes of this Act,

all other money required by or under this or any other Act to be paid into the Fund,

all fines paid for offences under section 89 (Avoidance of liabilities).

The following are to be paid from the Fund—

all payments with respect to victims support under this Act,

all expenses incurred by the Scheme Executive and other staff in the exercise of their functions under this Act,

all expenses incurred by the Scheme Executive under this Act and any other expenses incurred in the provision of victims support services (including Tribunal and other administration expenses) approved by the Minister,

any funding provided to victims groups approved by the Scheme Executive,

all fees to which the NSW Trustee and Guardian is entitled under section 53 of the Confiscation of Proceeds of Crime Act 1989,

all expenses incurred by the Commissioner of Fines Administration that are payable to the Commissioner of Fines Administration under an arrangement referred to in section 16A,

all set-off amounts that are payable to the Commissioner of Fines Administration under section 45,

all expenses incurred in the administration or management of the Fund,

all other payments required by or under this Act to be paid from the Fund.