Untitled document

Victims of Crime Assistance (Amendment) Act 1997

Act No. 52/1997

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Principal Act	2
4.	Amendment to power of delegation	2
5.	Withdrawal of applications	2
29A. Right to withdraw an application	2
6.	Striking out applications made out of time	2
7.	Issue of warrant to arrest against witness	3
8.	Interim awards	3
9.	Protection of registrars	4
10.	Supreme Court—limitation of jurisdiction	4

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NOTES 5

i

Victoria

No. 52 of 1997

Victims of Crime Assistance

(Amendment) Act 1997†

[Assented to 11 June 1997]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to make miscellaneous amendments to the Victims of Crime Assistance Act 1996.

2. Commencement

This Act comes into operation on the day on which it receives the Royal Assent.

Victims of Crime Assistance (Amendment) Act 1997

Act No. 52/1997 s. 3

3. Principal Act

In this Act, the Victims of Crime Assistance Act	No. 81/1996.
1996 is called the Principal Act.

4. Amendment to power of delegation

(1) In section 24(a) of the Principal Act, after

"application" insert "for assistance".

(2) In section 24 of the Principal Act, at the end of the

section insert—

"(2) Nothing in sub-section (1) prevents the

delegation of the power to hear or determine

an application under section 29A.".

5. Withdrawal of applications

After section 29 of the Principal Act insert—

"29A. Right to withdraw an application

(1) An applicant for assistance under this Act

may, at any time prior to the hearing or
determination of the application, apply in
writing to the Tribunal to withdraw the

application for assistance.

(2) If an applicant makes an application for

withdrawal in accordance with sub-section
(1), the Tribunal must make an order striking

out the application for assistance.".

6. Striking out applications made out of time

(1) In section 29(2) of the Principal Act—

(a) for "refuse to accept" substitute "strike out";

(b) for "to be accepted" substitute "not to be struck out".

(2) In section 29(3) of the Principal Act, for "accept"

substitute "further hear and determine".

Victims of Crime Assistance (Amendment) Act 1997

s. 7 Act No. 52/1997

(3) In section 29(4) of the Principal Act, for "accept"

substitute "decide to further hear and determine".

7. Issue of warrant to arrest against witness

In section 37 of the Principal Act, after sub- section (1) insert—

"(1A) The Tribunal may issue a warrant to arrest

against a witness who has been served with a summons to attend the Tribunal and who has failed to attend as required by the summons.

(1B) The provisions of Division 3 of Part 4 of the

Magistrates' Court Act 1989 relating to warrants to arrest extend and apply to warrants issued under sub-section (1A), with any necessary modifications.".

8. Interim awards

(1) In section 56(2) of the Principal Act, for "The"

substitute "Subject to sub-section (2A), the".

(2) In section 56 of the Principal Act, after sub- section (2) insert—

"(2A) If an application for assistance—

(a)	indicates that the applicant has made a report to the police in relation to the alleged criminal act; and
(b)	from a registered medical practitioner

is accompanied by a medical report Practice Act 1994 stating that the applicant urgently requires psychiatric treatment as a result of the injury or death—

the Tribunal may at any time, without the necessity to be satisfied as to the matters referred to in sub-section (2), make an

interim award made up of amounts for—

Victims of Crime Assistance (Amendment) Act 1997

Act No. 52/1997 s. 9

(c)	psychiatric treatment expenses actually and reasonably incurred, or reasonably likely to be incurred, by the victim; and
(d)

expenses actually and reasonably medical report referred to in paragraph (b).".

9. Protection of registrars

In section 63 of the Principal Act, after sub- section (1) insert—

"(1A) The principal registrar of the Tribunal, a

registrar and a deputy registrar of the performance of duties as such, the same protection and immunity as a member of the Tribunal has under sub-section (1).".

10. Supreme Court—limitation of jurisdiction

In section 71 of the Principal Act, at the end of the
section insert—

"(2) It is the intention of section 63(1A) to alter

or vary section 85 of the Constitution Act

1975.".

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Victims of Crime Assistance (Amendment) Act 1997

Notes Act No. 52/1997

NOTES

†

Minister's second reading speech—

Legislative Assembly: 15 May 1997

Legislative Council: 27 May 1997

The long title for the Bill for this Act was "to amend the Victims of

Crime Assistance Act 1996 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 15 May 1997

Legislative Council: 27 May 1997

Absolute majorities:

Legislative Assembly: 22 May 1997

Legislative Council: 29 May 1997