Criminal Injuries Compensation Amendment Regulations 2005
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Criminal Injuries Compensation Act 1976 .23 May 2005
W. J. E. COX
Governor
By His Excellency’s Command,
JUDY JACKSON
Minister for Justice and Industrial Relations
1Short titleThese regulations may be cited as the Criminal Injuries Compensation Amendment Regulations 2005 . 2CommencementThese regulations take effect on the day on which the Criminal Injuries Compensation Amendment Act 2005 commences. 3Principal RegulationsIn these regulations, the Criminal Injuries Compensation Regulations 2000 are referred to as the Principal Regulations. 4Regulation 1 substituted Regulation 1 of the Principal Regulations is rescinded and the following regulation is substituted: 1Short title These regulations may be cited as the Victims of Crime Assistance Regulations 2000 . 5Regulation 3 amended (Interpretation) Regulation 3 of the Principal Regulations is amended by omitting the definition of Court and substituting the following definition: VAU means the Victims Assistance Unit in the Department. 6Regulation 4 substituted Regulation 4 of the Principal Regulations is rescinded and the following regulation is substituted: 4Maximum award of compensation (1) For the purposes of section 6A(1) of the Act, the prescribed maximum is – (a) $30 000 for a primary victim where there is a single offence; and (b) $50 000 for a primary victim where there is more than one offence; and (c) $20 000 for a secondary victim; and (d) subject to subregulation (2) , $10 000 for a related victim. (2) The total amount awarded to related victims in respect of any particular criminal conduct is not to exceed $50 000. 7Regulation 5 amended (Application for award) Regulation 5 of the Principal Regulations is amended as follows: (a) by omitting from subregulation (1)(a) "Court" and substituting "VAU"; (b) by omitting subsubparagraphs (A) and (B) from subregulation (1)(b)(iv) and substituting the following subsubparagraphs: (A) a single offence; or (B) a series of offences committed by the same offender; or (C) a series of offences committed simultaneously or consecutively by offenders acting in concert; (c) by inserting the following subsubparagraph after subsubparagraph (A) in subregulation (1)(b)(xii) : (AA) by the conduct of a hearing in respect of a matter other than the amount of the award; or (d) by omitting from subregulation (1)(b)(xii)(B) "filed in Court" and substituting "lodged with the VAU"; (e) by omitting from subregulation (1)(b)(xiii)(B) "number of incidents or occurrences of criminal conduct" and substituting "occurrence of a single offence or a series of offences"; (f) by omitting from subregulation (1)(b)(xiii)(D) " section 5 " and substituting "section 6"; (g) by omitting from subregulation (5)(c) "Court" first occurring and substituting "VAU"; (h) by omitting from subregulation (5)(c)(i) "filing" and substituting "lodging"; (i) by omitting from subregulation (5)(c)(ii) "filing" and substituting "lodging"; (j) by omitting from subregulation (5)(c)(ii) "Court" and substituting "VAU". Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 1 June 2005
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations amend the
(a) renaming the regulations; and (b) prescribing the maximum award payable in respect of criminal conduct; and (c) making minor amendments to the requirements for applications for such awards.