Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
The objects of these Rules are—
to provide for procedure in the Victims of Crime Assistance Tribunal for the purposes of facilitating applications to the Victims of Crime Assistance Tribunal under the Victims of Crime Assistance Act 1996; and
Rule 1(b) amended by S.R. No. 9/2021 rule 5.
to provide for powers of judicial registrars and Tribunal officers in the Victims of Crime Assistance Tribunal and for the review of decisions made by judicial registrars and Tribunal officers.
These Rules are made under section 57 of the Victims of Crime Assistance Act 1996 and all other enabling powers.
These Rules come into operation on 28 August 2020.
The following Rules are revoked—
the Victims of Crime Assistance Rules 2010[1];
the Victims of Crime Assistance Amendment No. 1 Rules 2014[2];
the Victims of Crime Assistance Amendment Rules 2016[3].
In these Rules—
application for assistance means an application under section 26 of the Act;
application for review of a decision of a judicial registrar means an application under section 59A of the Act;
Rule 5 def. of application for review of a decision of a Tribunal officer inserted by S.R. No. 9/2021 rule 6.
application for review of a decision of a Tribunal officer means an application under section 59A of the Act;
the Act means the Victims of Crime Assistance Act 1996.
Order 2—Applications
For the purposes of section 26 of the Act, the prescribed form of application is in Form 1.
Unless paragraph (3) applies, an application for assistance to the Tribunal must be lodged with or posted to a registrar of the Tribunal—
at the venue of the Tribunal nominated by the Chief Magistrate; or
in the absence of any nomination by the Chief Magistrate—
at the venue of the Tribunal that is closest to the applicant's place of residence; or
if there is more than one applicant in relation to an act of violence and the applicants are not close family members, at the venue of the Tribunal that is closest to the place where the act of violence occurred.
For the purposes of paragraph (1)(a), the Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Tribunal as the venue at which an application must be lodged with or posted to, whether generally or for a particular class of application.
An application for assistance made to the Tribunal must be lodged with or posted to the registrar of the Tribunal at Melbourne if—
the applicant resides outside the State; or
the applicant is a related victim; or
the applicant is —
a primary victim or a secondary victim; and
is aware of the existence of a related victim with respect to the act of violence that is the subject of the application.
Despite paragraphs (1) and (3), a registrar of the Tribunal may accept an application for assistance lodged with or posted to a registrar of the Tribunal at a venue of the Tribunal other than a venue determined in accordance with those paragraphs.
An application under section 59A of the Act for review of a final decision of the Tribunal made by a judicial registrar must be in Form 2.
An application for review of a decision of a judicial registrar must be accompanied by an affidavit that sets out the reasons for the application.
The application for review of a decision of a judicial registrar and the accompanying affidavit must be lodged within 14 days after the day on which the final decision of the judicial registrar was made.
The Tribunal may extend time for lodging under paragraph (3) before or after the time expires, whether or not an application for review of a decision of a judicial registrar is made before that time expires.
Rule 8A inserted by S.R. No. 9/2021 rule 7.
An application under section 59A of the Act for review of a final decision of the Tribunal made by a Tribunal officer must be in Form 3.
An application for review of a decision of a Tribunal officer must be accompanied by an affidavit that sets out the reasons for the application.
The application for review of a decision of a Tribunal officer and the accompanying affidavit must be lodged within 14 days after the day on which the final decision of the Tribunal officer was made.
The Tribunal may extend time for lodging under paragraph (3) before or after the time expires, whether or not an application for review of a decision of a Tribunal officer is made before that time expires.
An application for review of a decision of a judicial registrar must be lodged with or posted to a registrar of the Tribunal at the venue of the Tribunal where the decision of the judicial registrar was made.
Despite paragraph (1), a registrar of the Tribunal may accept an application for review of a decision of a judicial registrar that is lodged with or posted to a registrar of the Tribunal at a venue of the Tribunal other than the venue referred to in that paragraph.
Rule 9A inserted by S.R. No. 9/2021 rule 8.
An application for review of a decision of a Tribunal officer must be lodged with or posted to a registrar of the Tribunal at the venue of the Tribunal where the decision of the Tribunal officer was made.
Despite paragraph (1), a registrar of the Tribunal may accept an application for review of a decision of a Tribunal officer that is lodged with or posted to a registrar of the Tribunal at a venue of the Tribunal other than the venue referred to in that paragraph.
Rule 10 (Heading) amended by S.R. No. 9/2021 rule 9(1).
Rule 10 amended by S.R. No. 9/2021 rule 9(2).
An application to which this Order applies may be lodged with a registrar of the Tribunal by fax, email or other electronic communication.
Showing the first 12 of 20 provisions. See all provisions