Criminal Offence Victims Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 488 Criminal Offence Victims Act 1995 CRIMINAL OFFENCE VICTIMS AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new s 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1A Prescribed injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2A Prescribed amount to which court is limited in making an order for prescribed injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 3 (Prescribed amount for payment to dependant of person who is unlawfully killed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 5 (Prescribed amount for payment of damage expenses to dependant or member of family of person who is unlawfully killed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

s1 2 s3 Criminal Offence Victims Amendment (No. 1) No. 488, 1997 ˙ Short title 1. This regulation may be cited as the Criminal Offence Victims Amendment Regulation (No. 1) 1997 . ˙ Regulation amended 2. This regulation amends the CriminalOffenceVictimsRegulation 1995 . ˙ Insertion of new s 1A 3. After section 1— insert— ˙ ‘ Prescribed injury ‘ 1A.(1) For section 20 of the Act, the totality of the adverse impacts of a sexual offence suffered by a person, to the extent to which the impacts are not otherwise an injury under section 20, is prescribed as an injury. ‘ (2) An “adverse impact” of a sexual offence includes the following— (a) a sense of violation; (b) reduced self worth or perception; (c) post-traumatic stress disorder; (d) disease; (e) lost or reduced physical immunity; (f) lost or reduced physical capacity (including the capacity to have children), whether temporary or permanent; (g) increased fear or increased feelings of insecurity; (h) adverse effect of the reaction of others; (i) adverse impact on lawful sexual relations; (j) adverse impact on feelings; (k) anything the court considers is an adverse impact of a sexual offence.

s4 3 s6 Criminal Offence Victims Amendment (No. 1) No. 488, 1997 ‘ (3) In this section— “sexual offence” means a personal offence of a sexual nature.’. ˙ Insertion of new s 2A 4. After section 2— insert— ˙ ‘ Prescribed amount to which court is limited in making an order for prescribed injury ‘ 2A. The prescribed amount for section 25(5) of the Act for an injury mentioned in section 1A is an amount equal to an amount not less than 1% but not more than 100% of the scheme maximum. 1 ’. ˙ Amendment of s 3 (Prescribed amount for payment to dependant of person who is unlawfully killed) 5. Section 3, ‘$20 000’— omit, insert— ‘$30 000’. ˙ Amendment of s 5 (Prescribed amount for payment of damage expenses to dependant or member of family of person who is unlawfully killed) 6. Section 5, ‘$1 000’— omit, insert— ‘$2 000’. 1 Under the Act, section 22(4), the maximum amount of compensation provided under the Act, part 3 is reserved for the most serious cases and the amounts provided in other cases are intended to be scaled according to their seriousness.

4 Criminal Offence Victims Amendment (No. 1) No. 488, 1997 ENDNOTES 1. Made by the Governor in Council on 18 December 1997. 2. Notified in the gazette on 19 December 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice. © State of Queensland 1997