Restrictions on court’s power to give directions for compensation for injury
95 Restrictions on court’s power to give directions for compensation for injury
A direction for compensation under this Division must not be given in respect of the conviction of a person for an offence if the aggregate of the sum specified in the direction and of all sums specified in a direction for compensation previously given under this Division—
on the conviction of any other person for that offence, or
on the conviction of that or any other person for a related offence,
exceeds $50,000.
A direction for compensation under this Division for which financial support is payable under Part 4 must not be given if an approval for the giving of such financial support in respect of the injury has been made under that Part to or for the benefit of the aggrieved person.
For the purposes of this section, an offence is related to another offence if—
both of the offences were committed against the same person, and
in the opinion of the court, both of the offences were committed at approximately the same time or were, for any other reason, related to each other.
However, an offence is not related to any earlier offence in respect of which a direction for compensation has been given if it is committed after the direction was given.
In this section, a reference to a direction for compensation previously given under this Division includes a reference to a direction for compensation previously given under the following—
Part 6 of the Victims Compensation Act 1987,
Part 2 of the Victims Support and Rehabilitation Act 1996,
section 437 or 554 (3) of the Crimes Act 1900.
This Act’s bill:Explanatory memorandumSecond reading speech
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