Section 17 — Object of part — Victims Support Act 2013 (New South Wales) — Barrister AI

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Section 17 — Object of part — Victims Support Act 2013 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Definitions s 8Scheme Executive and other staff s 9Functions generally of Scheme Executive s 10Functions of Scheme Executive s 11Inquiries and investigations s 12Powers of Scheme Executive to compel production of information s 13Annual report of work of Scheme Executive s 14Victims Support Fund s 15Payments into Fund s 16Payments from Fund s 16AArrangements with Commissioner of Fines Administration s 17Object of part s 18Definitions s 19Meaning of “act of violence”s 19AMeaning of “act of modern slavery”s 19ABMeaning of “road crime”s 20Meaning of “primary victim”s 21Meaning of “secondary victim”s 22Meaning of “family victim”s 23Eligibility for support s 24Death of victim s 25Persons not eligible for support s 26Composition of support—primary victims s 27Composition of support—parent, step-parent or guardian of child primary victim s 28Composition of support—secondary victims s 29Composition of support—family victims of acts of violence s 29AComposition of support—family victims of road crimes s 30Financial assistance s 30AVictims support where act is combination of act of violence, act of modern slavery or road crime s 31Approved counselling services s 32Authorisation of payments for approved counselling services s 33Amount of payments s 34Definitions s 35Categories of recognition payment s 36Recognition payments s 37Regulations s 38Applications for victims support s 39Documentary evidence s 40Time for making, and duration of, applications s 41Withdrawal of application s 41ALapsing of application if evidence to support application not provided s 42Consideration of applications s 43Determination of applications s 44Reasons for not approving the giving of victims support or for reducing amount of financial support or recognition payment s 45Payments may be applied towards liability for restitution under Part 5 s 46Persons to whom financial support or recognition payment may be made s 47Reimbursement of persons who incur funeral and certain other expenses s 48Victims support may be approved subject to conditions s 49Internal review of victims support decisions s 50No internal review under Administrative Decisions Review Act 1997 s 51Application to Tribunal for administrative review of decision concerning recognition payment s 52Operation of other Administrative Decisions Review Act 1997 provisions s 53Payment of recognition payment suspended pending application to Tribunal s 54Victims Support Fund to pay victims support s 55Effect of approval on subsequent civil proceedings s 56Recovery from fraudulent claimants s 57Object of Part s 58Definitions s 59Scheme Executive’s discretion to make provisional order for restitution by offender s 60Scheme Executive’s discretion to make order for restitution by other person s 61Notification of decision s 62Objection to order s 63Confirmation by Scheme Executive of order if no objection s 64Powers of Scheme Executive on objection s 65Notice of determination of objection s 66Administrative reviews by Tribunal s 67Powers of Tribunal on administrative review s 68Arrangements for reduction of amount payable s 69Provisions relating to orders for restitution confirmed by Tribunal s 70Amount payable s 70AEffect of confirmation of order and due date for payment s 70BDebt notice to be served s 71Orders for restitution to be subject to administrative review of relevant approvals of victims support s 72Enforcement of order for restitution s 73Joint and several liability s 74Effect of order for restitution on subsequent civil proceedings s 75Access to information about whereabouts of defendant s 76, 77(Repealed)s 78Objects s 79Application of Division s 80Interpretation s 81Nature of restraining order s 82Application for restraining order s 83Making of restraining order s 84Undertakings s 85Ancillary orders s 86Registration of restraining orders and lodging of caveats s 87Court may revoke restraining order s 88Time when restraining order ceases to be in force s 89Avoidance of liabilities s 90Orders setting aside dispositions of property s 91Object of Part s 92Definitions s 93Definition s 94Directions for compensation for injury s 95Restrictions on court’s power to give directions for compensation for injury s 96Definitions s 97Directions for compensation for loss s 98Restrictions on court’s power to give directions for compensation for loss s 99Factors to be taken into consideration s 100Payment of sum directed s 101Enforcement of directions for compensation s 102Effect of directions for compensation on subsequent civil proceedings s 103Directions for compensation not appealable on certain grounds s 104Object of Part s 105Application of Part s 106Imposition of victims support levy s 107CPI adjustments of victims support levy s 108Effect of appeal proceedings s 112Act to bind Crown s 112AProvision of personal information for benefit of victims of crime and family victims s 112BProvision of health information for benefit of victims of crime and family victims s 113Inadmissibility and use of certain evidence in subsequent legal proceedings s 114Personal liability of Scheme Executive and others s 115Proceedings for offences s 116Service of documents s 117Regulations s 118(Repealed)s 119Reviews of Act s 1Regulations s 2Interpretation s 3Victims Rights and Support Regulation 2013 s 4Statutory compensation scheme closure s 5Applications for compensation under statutory compensation scheme s 6No victims support payable under both repealed Act and this Act s 7Approved counselling services s 8Application of approved counselling scheme to previous acts of violence s 9Continuation of Fund s 10Victims Advisory Board s 11Previous acts of violence s 12Former members of Victims Compensation Tribunal s 13Pending proceedings before the Victims Compensation Tribunal s 14Pending appeals and objections to Victims Compensation Tribunal s 15Pending District Court proceedings s 16Recovery proceedings against offender for amount payable under statutory award of compensation s 17Compensation awarded by a court s 18Support levies s 19Legal rights not affected s 20Costs and expenses s 21General savings s 22Definitions s 23Amendments apply to orders confirmed after commencement s 24Extension of amendments to existing orders s 25Application of amendments s 26Application of amendments about eligibility for motor vehicle accidents s 27Amendments do not apply to acts of violence that occurred before the amendments commenced s 28Payment of financial support or recognition payment s 29Counselling for family members of persons killed in road crimes s 30Actions of Commissioner of Victims Rights taken to be done by Scheme Executive s 31Approved professional counsellors s 32Existing applications s 33Commissioner of Victims Rights s 34Administrative reviews and appeals

Section Whole Act

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17

Object of part

Current

17 Object of part

The object of this part is to establish a scheme to provide support for—

(a)

victims of acts of violence, and

(b)

victims of acts of modern slavery, and

(c)

family victims of road crime.

This Act’s bill:Explanatory memorandum Second reading speech

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