Victims of Crime Assistance Regulations 2007

In these Regulations:

approved examiner means a psychologist, psychiatrist or other person approved under regulation 28.

category, see:

(a) for a compensable violent act – regulation 14(1), (2), (3) or (3A); or

(b) for a psychological or psychiatric disorder – regulation 15(1) or (2).

compensable injury, see regulation 16(1).

domestic violence injuries, see regulation 5.

harm, see section 1A of the Criminal Code.

offensive weapon, see section 1 of the Criminal Code.

pattern of abuse, see regulation 6.

serious harm, see section 1 of the Criminal Code.

standard amount, see:

(i) a violent act involving a pattern of abuse, committed by an offender with whom the victim is in a domestic relationship; or

(ii) a violent act of unlawful stalking under section 189 of the Criminal Code in contravention, or apparent contravention, of a domestic violence order; or

(iii) a combination of violent acts mentioned in subparagraphs (i) and (ii) if committed by the same offender; and

(b) the injuries are more than transient or trifling, though they need not be serious.

domestic relationship, see the Domestic and Family Violence Act 2007.

domestic violence order, see the Domestic and Family Violence Act 2007.

For sections 26(3)(j) and 32(1)(m) of the Act, an application for an interim payment or award must include the following information:

(b) if the application is made for the eligible victim by a person mentioned in section 25(5) of the Act – the person's name, address, date of birth and relationship to the eligible victim;

(c) if the application is made because the violent act resulted in the death of the primary victim – the name, date of birth and date of death of the primary victim and the applicant's relationship to the primary victim;

(d) if the applicant is applying for financial assistance for the loss of clothing or other personal effects – a description of the personal effects and the expenses incurred in replacing them.

For section 26(3)(j) of the Act, an application for an interim payment must include the following information:

(i) all expenses or financial loss incurred or likely to be incurred by the applicant, substantiated by copies of relevant documents, including, for example, invoices and receipts; and

(ii) reimbursements expected by the applicant for expenses or financial loss incurred or likely to be incurred;

(b) if the applicant is a primary victim or secondary victim of the violent act – a statement of whether the applicant has received, or is likely to receive, any refunds from Medicare or a private health insurer for financial loss for medical expenses.

(1) For section 32(1)(m) of the Act, an application for an award must include the following information:

(a) a statement of whether the applicant has received, or is likely to receive, any refunds from Medicare or a private health insurer for financial loss for medical expenses;

(b) if the applicant has suffered a compensable injury described in Schedule 3 – a description of the injury in accordance with the description in Schedule 3;

(c) if the applicant has suffered a compensable injury that is not described in Schedule 3:

(ii) the period for which the injury has caused symptoms or disability; and

(iii) the injury described in the Schedule that is most similar to it;

(d) if the applicant is applying for financial assistance for more than 1 injury suffered as a result of the same violent act – identification of the most serious injury, second most serious injury and third most serious injury as defined in regulation 18(2);

(e) a statement of whether, since the occurrence of the injury described in the application or during the 2 years before the occurrence, the applicant has:

(i) suffered another injury as a direct result of a violent act and, if so, the name of the offender (if known); and

(ii) made another application for an interim payment or award relating to the other injury.

(2) For section 32(3)(c) of the Act, an application for an award must be accompanied by the following documents:

(a) if the application is for financial assistance for loss of earnings – copies of all relevant documents to substantiate the loss, including, for example, a statement by the applicant's employer or the applicant's payslips or business records;

(b) if the application is for financial assistance for a compensable injury for a category 1 or 2 psychological or psychiatric disorder – a written report about the applicant's condition.

Note for regulation 10

Under regulation 29, the assessor may require the victim to undergo an examination by an approved examiner.