1Short title
This Act may be cited as the Victims of Crime Assistance Act 2006.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Victims of Crime Assistance Act 2006.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
The objects of this Act are:
to assist the rehabilitation of victims of violent acts by implementing schemes to provide counselling and financial assistance for financial loss and compensable violent acts and compensable injuries; and
to provide financial assistance for the cost of funerals of victims of violent acts; and
to enable the Territory to recover money from offenders who have committed violent acts resulting in payments of financial assistance to their victims and others; and
to establish a fund for the schemes implemented by this Act and to provide revenue for the fund by imposing a levy on certain people.
In this Act:
adult means a person who is 18 or more years of age.
applicant means:
(a) in relation to an application for an interim payment, award or increased award – the eligible victim by or for whom the application is made; or
(b) in relation to an application for funeral expense assistance – the individual who makes the application.
approved form means a form approved under section 66.
assessor, of an application for an award or increased award, means the assessor for the financial assistance scheme who is deciding the application.
assistance means counselling or financial assistance.
award, see section 29A.
child means a person who is less than 18 years of age.
compensable injury, see section 7(2).
compensable violent act, see section 7(1).
counselling means counselling provided under the counselling scheme.
counselling scheme means the Victims Counselling Scheme established by section 20.
Court means the Local Court.
CVSU means the Crime Victims Services Unit established under the Victims of Crime Rights and Services Act 2006.
debt amount, for Part 5, Division 1, see section 55B(2).
debt recovery notice, for Part 5, Division 1, see section 55B(2).
Director means the person holding or occupying the office of Director of the CVSU under the Victims of Crime Rights and Services Act 2006.
eligible victim, for Part 4, means a primary victim, secondary victim or family victim of a violent act.
family victim has the meaning in section 13.
financial assistance means any of the following under the financial assistance scheme:
an interim payment;
an award, including an award increased under Part 4, Division 5;
funeral expense assistance.
financial assistance scheme means the Victims Financial Assistance Scheme established by section 23.
Fund means the Victims Assistance Fund established by section 60.
funeral expense assistance, see section 47A.
guidelines means guidelines issued under section 65.
injury has the meaning in section 6.
interim payment, see section 25B.
medical expenses includes expenses for any of the following:
(a) medical, surgical, dental, ophthalmic, psychological or psychiatric treatment;
transportation by ambulance;
hospitalisation;
physiotherapy;
a medical report relating to an injury.
offender, in relation to a violent act, means a person who committed the act or is alleged to have committed the act.
primary victim has the meaning in section 9.
related victim has the meaning in section 15.
secondary victim has the meaning in section 11.
standard amount, for a compensable violent act or compensable injury, means the amount prescribed by regulation under section 7(3).
violent act has the meaning in section 5.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
A violent act is:
(a) a criminal act prescribed by regulation, or a series of such related criminal acts, whether committed by one or more persons, that occurs in the Territory; or
(b) a criminal act, or a series of related criminal acts, whether committed by one or more persons, that:
occurs in the Territory; and
(ii) directly results in the injury or death of one or more persons regardless of where the injury or death occurs.
(2) For this section, a criminal act is an act, omission or event done, made or caused by a person:
that constitutes a criminal offence; or
(b) if the person is excused from criminal responsibility due to age, mental impairment or other legal incapacity or by some other lawful defence – that would otherwise constitute a criminal offence.
A series of related criminal acts occurs if:
(a) 2 or more criminal acts are committed against the same person; and
2 or more of those acts:
occur at approximately the same time; or
(ii) occur over a period of time and are committed by the same person or group of persons; or
share another common factor.
(4) A series of related criminal acts, whether committed by one or more persons, constitutes a single violent act.
(5) A criminal act may be related to another criminal act even though charges for offences constituted by those criminal acts are tried or heard separately.
(6) A criminal act for which financial assistance has been awarded is not related to another criminal act that occurs after the date on which the assessor gives notice of the award to the Director under section 44(1).
(7) For this Act, a person who attempts to commit a criminal act is taken to have committed the criminal act.
An injury is any of the following:
a physical illness or injury;
a recognisable psychological or psychiatric disorder;
pregnancy;
a combination of any injuries mentioned in paragraphs (a) to (c).
(2) Subsection (1) does not include an injury resulting from the loss of or damage to property.
(1) A compensable violent act is a violent act under section 5(1)(a).
A compensable injury is an injury prescribed by regulation.
(3) The Regulations must prescribe a standard amount of financial assistance as the award for a compensable violent act and a compensable injury.
(4) The standard amount may be a specified amount or an amount within a specified range.
An application made to the Director under this Act must be in the approved form.
A primary victim of a violent act is:
(a) if the violent act is a compensable violent act – a person against whom the violent act has been committed regardless of whether the person suffers an injury or dies as a direct result of the violent act; or
(b) otherwise – a person against whom the violent act has been committed and who suffers an injury or dies as a direct result of the violent act.
(2) Also, a primary victim of a violent act is a person who suffers an injury or dies as a direct result of any of the following:
trying to prevent another person from committing a violent act;
(b) trying to help or rescue another person against whom a violent act is being committed or has just been committed;
(c) trying to arrest another person who is committing or has just committed a violent act.
(1) A primary victim of a violent act is eligible to apply for counselling required because of the violent act.
(2) A primary victim in circumstances of financial hardship is eligible to apply for an interim payment of financial assistance for the primary victim's financial loss.
(3) A primary victim is eligible to apply for an award of financial assistance for the primary victim's financial loss.
(4) A primary victim of a violent act is eligible to apply for an award for:
if the violent act is a compensable violent act:
the mere commission of the violent act; or
(ii) one or more compensable injuries suffered as a direct result of the violent act; or
(b) otherwise – one or more compensable injuries suffered as a direct result of the violent act.
(5) For this section, a primary victim's financial loss is any of the following:
(a) loss of earnings suffered or reasonably likely to be suffered by the primary victim as a direct result of the violent act;
(b) expenses incurred by the primary victim due to loss of clothing and other personal effects as a direct result of the violent act;
(c) medical expenses reasonably incurred or reasonably likely to be incurred by the primary victim as a direct result of the violent act;
(d) in exceptional circumstances – other expenses reasonably incurred or reasonably likely to be incurred by the primary victim to assist the victim's recovery from the effects of the violent act.
Examples for subsection (5)(d)
1 Relocation expenses.
2 Costs of securing the primary victim's place of residence or business.
Notes for section 10
1 Section 27(5) specifies the maximum interim payment.
2 Section 38 specifies the following:
the maximum award;
(b) the maximum award for all financial loss;
(c) the minimum standard amount for compensable violent acts and injuries.
A secondary victim of a violent act is a person who is present at the scene of the violent act and suffers an injury as a direct result of witnessing the violent act.
Also, a secondary victim of a violent act is one of the following persons who suffers an injury as a direct result of subsequently becoming aware of the violent act:
a child or stepchild of the primary victim, or a child under the guardianship of the primary victim, when the violent act occurs;
if the primary victim is a child – a parent, step-parent or guardian of the primary victim when the violent act occurs.
A person is not a secondary victim if the person committed the violent act.
A secondary victim of a violent act is eligible to apply for counselling required because of the violent act.
A secondary victim in circumstances of financial hardship is eligible to apply for an interim payment of financial assistance for the secondary victim's financial loss.
A secondary victim is eligible to apply for an award of financial assistance for the secondary victim's financial loss.
A secondary victim is eligible to apply for an award of financial assistance for one or more compensable injuries suffered as a direct result of witnessing or becoming aware of the violent act.
For this section, a secondary victim's financial loss is any of the following:
loss of earnings suffered or likely to be suffered by the secondary victim as a direct result of witnessing or becoming aware of the violent act;
medical expenses reasonably incurred or reasonably likely to be incurred by the secondary victim as a direct result of witnessing or becoming aware of the violent act;
in exceptional circumstances – other expenses reasonably incurred or reasonably likely to be incurred by the secondary victim to assist the victim's recovery from the effects of witnessing or becoming aware of the violent act.
Examples for subsection (6)(c)
1 Relocation expenses.
2 Costs of securing the secondary victim's place of residence or business.
Notes for section 12
1 Section 27(5) specifies the maximum interim payment.
2 Section 39 specifies the following:
(a) the maximum award for all secondary victims of the same violent act;
(b) the maximum award for all the financial loss of each secondary victim of the same violent act;
(c) the minimum standard amount for compensable injuries.
Showing the first 12 of 102 provisions. See all provisions