Crimes (Victims Assistance) Regulations (NT)

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NORTHERN TERRITORY OF AUSTRALIA

crimes (victims assiStance) REGULATIONS

As in force at 1 November 2002

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Citation2 — Commencement3 — Application4 — Offences in respect of which levy is not imposed5 — Costs: lump sum fees etc. allowable if assistance not over $5 0006 — Costs: lump sum fees etc. allowable if assistance over $5 0007 — Costs: percentage of Supreme Court costs allowableENDNOTES NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 November 2002

crimes (victims assistance) REGULATIONS

Regulations under the Crimes (Victims Assistance) Act

1Citation

These Regulations may be cited as the Crimes (Victims Assistance) Regulations.

2Commencement

These Regulations shall come into operation on the commencement of the Crimes Compensation Amendment Act 1989.

3Application

These Regulations apply to offences committed after the commencement of the Crimes Compensation Amendment Act.

4Offences in respect of which levy is not imposed

For the purposes of section 25B(3) of the Act, a levy is not imposed on a person:

  • (a)

    convicted of an offence against:

    • (i)

      the Work Health Act or the Regulations made under that Act;

    • (ii)

      the Public Sector Employment and Management Act and the Regulations made under that Act;

    • (iv)

      the Public Health Act or the Regulations made under that Act;

    • (v)

      the Litter Act;

    • (vi)

      Part 12 of the Australian Road Rules;

    • (vii)

      a by-law of a council within the meaning of the Local Government Act or a by-law made by the Jabiru Town Council under the Jabiru Town Development Act;

    • (viii)

      the Territory Parks and Wildlife Conservation By-Laws;

    • (ix)

      a by-law made under section 60H, or a rule made under section 60J, of the Education Act by a council within the meaning of section 40 of that Act;

  • (b)

    convicted of an offence which is prosecuted:

    • (i)

      by a municipal council or community government council, within the meaning of the Local Government Act, pursuant to a power vested in it under a law of the Northern Territory; or

    • (ii)

      by a council, within the meaning of the Local Government Act, pursuant to an arrangement or agreement with the Territory under that Act whereby the council administers Regulations or exercises power or performs functions under a law of the Territory in its council area; or

  • (c)

    to whom a notice is directed:

    • (i)

      that is issued under a law of the Territory specified in paragraph (a) as an alternative to prosecution in relation to an alleged offence; and

    • (ii)

      that imposes a prescribed penalty that is payable in relation to the alleged offence.

    5Costs: lump sum fees etc. allowable if assistance not over $5 000
  • (1)

    For the purposes of section 24(4)(a) of the Act, the fees and disbursements allowable as costs in respect of an application under section 5 of the Act, where the assistance certificate specifies an amount not exceeding $5 000, are as follows:

    • (a)

      a fee of:

      • (i)

        $750 for work up to and including the first prehearing conference, including taking instructions, obtaining preliminary medical reports, preparing, filing and serving the application, attending the mention and attending the first prehearing conference; or

      • (ii)

        $1 050 if the work referred to in subparagraph (i) also includes an application for an extension of time for the purposes of section 5(3) of the Act;

    • (b)

      an additional fee of:

      • (i)

        $350 for further work up to the hearing of the application, including obtaining additional expert medical reports, attending further prehearing conferences and all preparation for the hearing of the application; or

      • (ii)

        $700 if the work referred to in subparagraph (i) relates to an application in respect of which the offender has not been found guilty of the offence that resulted in the injury suffered by the victim and where it was necessary to obtain police records or obtain evidence from witnesses;

    • (c)

      for attending the hearing of an application, an additional fee of:

      • (i)

        $400 if the hearing does not exceed half a day;

      • (ii)

        $800 if the hearing exceeds half a day but does not exceed one day; or

      • (iii)

        $800 for the first day of the hearing plus $400 for each day or part of a day thereafter;

    • (d)

      all reasonable disbursements, excluding counsel’s fees.

  • (2)

    A fee referred to in subregulation (1)(c) is not allowable if, during the hearing of the application, the parties reach an agreement in pursuance of section 10A of the Act and the Court specifies the agreed amount in the assistance certificate.

6Costs: lump sum fees etc. allowable if assistance over $5 000
  • (1)

    For the purposes of section 24(4)(a) of the Act, the fees and disbursements allowable as costs in respect of an application under section 5 of the Act, where the assistance certificate specifies an amount exceeding $5 000, are as follows:

    • (a)

      a fee of:

      • (i)

        $1 000 for work up to and including the first prehearing conference, including taking instructions, obtaining preliminary medical reports, preparing, filing and serving the application, attending the mention and attending the first prehearing conference; or

      • (ii)

        $1 300 if the work referred to in subparagraph (i) also includes an application for an extension of time for the purposes of section 5(3) of the Act;

    • (b)

      an additional fee of:

      • (i)

        $400 for further work up to the hearing of the application, including obtaining additional expert medical reports, attending further prehearing conferences and all preparation for the hearing; or

      • (ii)

        $800 if the work referred to in subparagraph (i) relates to an application in respect of which the offender has not been found guilty of the offence that resulted in the injury suffered by the victim and where it was necessary to obtain police records or obtain evidence from witnesses;

    • (c)

      for attending the hearing of an application, an additional fee of:

      • (i)

        $500 if the hearing does not exceed half a day;

      • (ii)

        $850 if the hearing exceeds half a day but does not exceed one day; or

      • (iii)

        $850 for the first day of the hearing plus $500 for each day or part of a day thereafter;

    • (d)

      all reasonable disbursements, excluding counsel’s fees.

  • (2)

    A fee referred to in subregulation (1)(c) is not allowable if, during the hearing of the application, the parties reach an agreement in pursuance of section 10A of the Act and the Court specifies the agreed amount in the assistance certificate.

7Costs: percentage of Supreme Court costs allowable

For the purposes of section 24(4)(b) of the Act, the prescribed percentage is 40%.

  ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Crimes (Victims Assistance) Regulations (SL No. 24, 1990)

Notified

1 August 1990

Commenced

1 August 1990

Public Sector Employment and Management (Consequential Amendment) Act 1993 (Act No. 28, 1993)

Assent date

30 June 1993

Commenced

1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993)

Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)

Assent date

31 December 1993

Commenced

1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994)

Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001)

Assent date

11 December 2001

Commenced

1 January 2002 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 59, 2001) and Gaz G50, 19 December 2001, p 3)

Crimes (Victims Assistance) Amendment Act 2002 (Act No. 57, 2002)

Assent date

18 October 2002

Commenced

1 November 2002 (s 2)

  • 3

    LIST OF AMENDMENTS

r 4                     amd Act No. 28, 1993, s 3; Act No. 84, 1993, s 6; Act No. 60, 2001, s 7

rr 5 – 7               ins Act No. 57, 2002, s 15

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