New South Wales
Victims Compensation Amendment
Act 1998 No 134
Contents
Page
| 1 Name of Act | 2 |
| 2 Commencement | 2 |
3 Amendment of Victims Compensation Act 1996
|
| Schedule 1 Amendments | 3 |
New South Wales
Victims Compensation Amendment
Act 1998 No 134
Act No 134, 1998
An Act to amend the Victims Compensation Act 1996 with respect to deductions from awards of statutory compensation, entitlement to c ounselling. the making of restitution orders, restraining orders and other orders relating to property, and compensable injuries;and for other purposes. [Assented to 30 November 1998]
| Section 1 | Victims Compensation Amendment Act 1998 No 134 |
The Legislature of New South Wales enacts:
Name of Act
This Act is the Victims Compensation Amendment Act 1998.
Commencement
This Act commences on a day or days to be appointed by proclamation.
Amendment of Victims Compensation Act 1996 No 115
The Victims Compensation Act 1996 is amended as set out in
Schedule 1.
Victims Compensation Amendment Act 1998 No 134
| Amendments | Schedule 1 |
| S c h e d u le | 1 | A m e n d m e n ts |
(Section 3)
[1] Section 5 Act of violence
Omit “apprehended” from section 5 (2).
[2 ] Section 19A
Insert after section 19:
19A Deduction from certain awards
| (1) | There is to be deducted from each award of statutory compensation payable to any person who is awarded an amount of statutory compensation that is less than $20,001 (or such other amount as may be prescribed by the regulations) the amount of $750 (or such other amount as may be prescribed by the regulations). |
| (2) | A deduction under this section is to be made only if, when an award is made to a victim, the total amount of statutory compensation awarded to a primary victim and any secondary victims claiming through the primary victim. is less than $20,001. |
| (3) | This section does not apply to statutory compensation payable to family victims. |
| (4) | A deduction under this section is not to be taken into account for the purpose of determining whether statutory compensation is payable to a single person as set out in section 20. |
[3 ] Section 21 Special payments for counselling of victims
| Omit “who is eligible for statutory compensation” from section 21 (1). |
Victims Compensation Amendment Act 1998 No 134
| Schedule 1 | Amendments |
[4] Section 21 (6)
Omit the subsection.
[5] Section 21 (10)
Omit the subsection. Insert instead:
(10) In this section:
approved counselling services means services provided by a professional counsellor chosen by the victim from a list of counsellors approved by the Director under section 21A.
victim means:
| (a) | a family victim, or |
| (b) | a primary victim or a secondary victim, or |
| (c) | a person who is a victim of an act of violence but who. merely because the person did not receive a compensable injury, is not a primary victim or a secondary victim within the meaning of this Act, |
but does not include a person who is the victim of an…