Criminal Injuries Compensation (Amendment) Act 1984 (NSW)
CRIMINAL INJURIES COMPENSATION
(AMENDMENT) ACT, 1984, No. 71
Jleto gxmtf) Male*
ANNO TRICESIMO TERTIO
ELIZABETHS H REGINS
Act No. 71, 1984.
An Act to amend the Criminal Injuries Compensation Act, 1967, as a
consequence of the enactment of the Crimes (Compensation)Amendment Act, 1984, and for other purposes. [Assented to, 27th June,
1984.]
Act No. 71, 1984.
Criminal Injuries Compensation (Amendment).
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
Short title.
1. This Act may be cited as the "Criminal Injuries Compensation (Amendment) Act, 1984".
Commencement.
| (1) Sections 1 and 2 shall commence on the date of assent to this (2) Except as provided by subsection (1) , this Act shall commence on the day appointed and notified under section 2 (2) of the Crimes (Com- pensation) Amendment Act, 1984. | Act. |
| Amendment of Act No. 14, 1967. | |
| 3. The Criminal Injuries Compensation Act, 1967, is amended in the manner set forth in Schedule 1. | |
| Transitional. | |
| |
| (2) If, on the day referred to in section 2 (2) , Division 5 of Part IX of the Community Welfare Act, 1982, has not commenced, a reference to the Children's Court in section 4 of the Criminal Injuries Compensation Act, |
2.
Act No. 71, 1984. 3
Criminal Injuries Compensation (Amendment).
1967, as amended by this Act, shall, until that commencement, be read and construed as a reference to a court within the meaning of the Child Welfare Act, 1939.
SCHEDULE 1.
(Sec. 3.)
AMENDMENTS TO THE CRIMINAL INJURIES COMPENSATION ACT, 1967. (1) (a) Section 2, definitions of "Children's Court", "Compensation for
injury"—
Before the definition of "Injury", insert:—
"Children's Court" includes a court exercising the
powers of the Children's Court.
"Compensation for injury" includes—
(a) compensation for—
(i) actual and future expenses; (ii) actual loss of earnings; and
(iii) loss of future earnings or a capacity to earn,
sustained as a direct consequence of injury; and
(b)
in relation to an injury causing the death of a person, compensation for—
(i) actual expenses; and
(ii) loss of material benefits in the nature of support or domestic services,
sustained as a direct consequence of the
injury or death.
Act No. 71, 1984.
Criminal Injuries Compensation {Amendment). SCHEDULE 1—continued.
AMENDMENTS TO THE CRIMINAL INJURIES COMPENSATION ACT, 1967—
continued.
(b) Section 2, definition of "Under Secretary"—
From paragraph (a), omit "and of Justice".
(c) Section 2, definition of "Under Secretary"—
In paragraph (b), before "Assistant Under Secretary", insert
"Deputy Under Secretary or".
(2) (a) Section 3 ( a )—
Omit "any felony, misdemeanour or other offence", insert instead "an offence".
(b) Section 3—
Omit "Consolidated Revenue Fund", insert instead "Consoli- dated Fund".
| (3) | (a) | Section 4 ( 1 ) - ( 1 D ) — |
Omit section 4 ( 1 ) , insert instead:— (1) On the acquittal of, or dismissal of an information against, a person accused of an offence, the Court before which the person was acquitted or by which the information was dismissed may, if it is satisfied on the balance of probabilities from the evidence before it relating to the incident the subject of the charge against the accused person that an offence (whether or not the offence charged) was committed and if it is satisfied that a person is aggrieved by reason of its com- mission, grant a certificate stating the sum which it would, on
Act No. 71, 1984. 5
Criminal Injuries Compensation (Amendment). SCHEDULE 1—continued.
AMENDMENTS TO THE CRIMINAL INJURIES COMPENSATION ACT, 1967—
continued.
the conviction of a person for the offence it is satisfied was committed, have directed to be paid to the person so aggrieved by way of compensation for injury—
(a) where the offence it is satisfied was committed is an offence to which section 437 of the Crimes Act, 1900. applies—under the provisions of that section; or (b) in any other case—under the provisions of section 554 of the Crimes Act, 1900.
(1A) Subject to subsection ( I D ) , on finding a person guilty of an offence, the Children's Court may, if it is satisfied that a person is aggrieved by reason of the commission of the offence, grant a certificate stating the sum which, if that finding of guilt were a conviction, it would have directed to be paid to the person so aggrieved by way of compensation for injury—
(a)
where the offence committed is an offence to which section 437 of the Crimes Act, 1900, applies—under the provisions of that section; or
(b)
in any other case—under the provisions of section 554 of the Crimes Act, 1900.
( 1 B ) In the application of subsection (1) or ( 1A) in relation to the granting of a certificate under that subsection by the Children's Court, any prohibition on the power of the Children's Court to give directions under section 437 or 554 of the Crimes Act, 1900, shall be disregarded.
( l c ) A certificate under subsection (1) or (1A) may be granted to a person by the Court on its own motion or upon application being made to it by or on behalf of the person.
6 Act No. 71, 1984.
Criminal Injuries Compensation {Amendment). SCHEDULE \—continued.
AMENDMENTS TO THE CRIMINAL INJURIES COMPENSATION ACT, 1967—
continued.
( I D ) Where, on finding a person guilty of an offence, the
Children's Court may give a direction under section 554 of the
Crimes Act, 1900—
(a) that Court shall not grant a certificate under subsection (1A) in relation to the offence unless it has given a
direction under section 554 of that Act for payment by the person of $1,000 by way of compensation for any injury or loss sustained through, or by reason of, the offence; and
(b)
the sum that would, but for this paragraph, have been stated in the certificate shall be reduced by $ 1,000.
(b) Section 4 (2) , ( 3 )—
After "subsection (1 )" wherever occurring, insert "or ( 1 A ) " .
(c) Section 4 (3 )—
Omit "Consolidated Revenue Fund", insert instead "Consolidated
Fund".
(4) Section 5 (1) ( a )—
Omit "section 4 (1)", insert instead "section 4".
| (5) (a) Section 7 ( 1 ) (a) — |
After "Clerk of the Peace", insert ", or, in the case of an application made in respect of a direction given, or a certificate granted, by a Court other than the Supreme Court or District Court, the clerk of the Court which gave the direction or granted the certificate,".
(b) Section 7 ( 1 ) (b) — After "Clerk of the Peace", insert "or the clerk of that Court".
Act No. 71, 1984. 7
Criminal Injuries Compensation (Amendment).
SCHEDULE I—continued.
AMENDMENTS TO THE CRIMINAL INJURIES COMPENSATION ACT, 1967—
continued.
(c) Section 7 (1) (c), (d )—
Omit "at Sydney" wherever occurring.
(d) Section 7 (1) (c), (d )—
Omit "for Sydney" wherever occurring, insert instead "for the place at which the certificate was filed".
(e) Section 7 ( 2 ) — Omit "437 (1)", insert instead "437".
(f) Section 7 (2)—
Omit "at Sydney", insert instead "at the place at which the judgment was entered".
(g) Section 7 (2)—
Omit "for Sydney", insert instead "for that place".
(h) Section 7 (3)—
Omit "Consolidated Revenue Fund", insert instead "Consoli- dated Fund".
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