Victims of Crime Amendment Act 2010 (ACT)

Victims of Crime Amendment Act 2010

A2010-29

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

Part 2Victims of Crime Act 1994

1. New section 3A  3

2. Part 2 heading  3

3. Compliance with principles

   
   

   Section 5  4

4. New section 5 (2)  4

5. Giving information to coordinator—legal immunity

   
   

   Section 6  4

6. New part 2A  4

7. Part 3  6

8. Victims services scheme—establishment

   
   

   Section 19 (2) (a) and (b)  10

9. Section 19 (2) (e)  10

10. New part 4A  10

11. Part 6  15

12. Dictionary, note 2  18

13. Dictionary, note 2  18

14. Dictionary, note 2  18

15. Dictionary, new definitions  18

16. Dictionary, definition of coordinator  18

17. Dictionary, new definitions  19

18. Dictionary, definition of harm  19

19. Dictionary, new definition of primary victim  19

20. Dictionary, definition of victim  19

21. Dictionary, new definition of victims advisory board  19

Part 3Victims of Crime Regulation 2000

1. Part 2  20

2. Responsible service agency

   
   

   Section 21  20

3. Section 22  20

4. Section 22 (b)  20

5. Section 22 (f)  20

6. Section 22 (k) and (l)  20

7. Section 23  21

8. Eligible victims under the victims services scheme

   
   

   Section 24  22

9. Definitions—div 3.2

   
   

   Section 25  22

10. Section 25, definition of reviewable decision  22

11. Sections 25A, 26 and 26A  22

12. Review by internal reviewer

    
    

    Section 27 (1) and (2)  23

13. Eligibility Review Committee

    
    

    Section 28  23

14. Applications to committee for internal review

    
    

    Section 29  23

15. Section 30  23

16. Reviewable decision notices

    
    

    Section 31  24

17. Level 1 service

    
    

    Section 33 (3)  24

18. Level 2 service

    
    

    Section 34 (3)  24

19. Section 34 (8)  25

20. Level 3 service

    
    

    Section 35 (5)  25

21. Section 36  25

22. How contact hours are provided

    
    

    Section 37 (1)  26

23. Section 37 (2) and (3)  27

24. Section 38  27

25. Approved service providers Section 40 (1) and (2)  27

26. Section 40 (3)  27

27. Criteria for approval Section 41  28

28. Section 41 (a) (i)  28

29. Section 41 (d)  28

30. New section 41 (2)  28

31. Section 42  28

32. Cancellation of approval

    
    

    Section 43  29

33. Section 45  29

34. Reviewable decision notices

    
    

    Section 46A  29

35. New section 47A  30

36. Guidelines—volunteers

    
    

    Section 48  31

37. New section 48A  31

38. Section 50 heading  31

39. Section 50 (1)  32

40. Dictionary, note 2  32

41. Dictionary, note 2  32

42. Dictionary, note 3  32

43. Dictionary, definitions of AFP member and appointed member            32

44. Dictionary, definition of board  32

45. Dictionary  33

46. Dictionary, definition of health practitioner member  33

47. Dictionary, definition of independent arbitrator  33

48. Dictionary  34

Schedule 1Consequential amendments  35

Part 1.1Crimes (Sentencing) Act 2005  35

Part 1.2Remuneration Tribunal Act 1995  35

Part 1.3Territory Records Regulation 2009  35

Part 1.4Victims of Crime (Financial Assistance) Act 1983           36

Victims of Crime Amendment Act 2010

A2010-29

An Act to amend the Victims of Crime Act 1994, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Victims of Crime Amendment Act 2010.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Victims of Crime Act 1994 and the Victims of Crime Regulation 2000.

   NoteThis Act also amends the following legislation (see sch 1):

   ·    Crimes (Sentencing) Act 2005

   ·    Remuneration Tribunal Act 1995

   ·    Territory Records Regulation 2009

   ·    Victims of Crime (Financial Assistance) Act 1983.

Part 2Victims of Crime Act 1994

1. New section 3A

   in part 1, insert

3AOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

1. Part 2 heading

   substitute

Part 2Objects and principles

3BObject of Act

The object of this Act is to—

(a)acknowledge, protect and promote the interests of victims in the administration of justice; and

(b)establish appropriate ways for the treatment of victims by agencies involved in the administration of justice; and

(c)help victims deal with the effects of criminal offences.

1. Compliance with principles
   Section 5

   omit

   mentioned in section 4

2. New section 5 (2)

   insert

   (2)If a primary victim is a child, the person must consider the child’s views, wishes and circumstances before treating a guardian of the child as a victim when applying the governing principles.

3. Giving information to coordinator—legal immunity
   Section 6

   omit

4. New part 2A

   insert

Part 2AImportant concepts

1. Who is a victim?

   (1)In this Act:

   victim means a person who suffers harm because of an offence and includes—

   (a)a person (the primary victim) who suffers harm—

   (i)in the course of, or as a result of, the commission of an offence; or

   (ii)as a result of witnessing an offence; and

   (b)a family member, of the primary victim, who suffers harm because of the harm to the primary victim; and

   (c)a person who is financially or psychologically dependent on the primary victim and who suffers harm because of the harm to the primary victim; and

   (d)a primary victim, a related victim or an eligible property owner within the meaning of the Victims of Crime (Financial Assistance) Act 1983, dictionary; and

   (e)if a person mentioned for this definition is a child or legally incompetent person—a guardian of the child or legally incompetent person.

   (2)However, a victim does not include a person who suffers harm because of an offence he or she committed or is alleged to have committed.

   (3)In this section:

   guardian means—

   (a)for a child—a parent, a legally appointed guardian of the child or someone else with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility); or

   (b)for a legally incompetent person—a person who is—

   (i)a legally appointed guardian of the legally incompetent person; or

   (ii)an attorney, appointed under an enduring power of attorney that has become operative, for the legally incompetent person.

   harm includes 1 or more of the following:

   (a)physical injury;

   (b)mental injury or emotional suffering (including grief);

   (c)pregnancy;

   (d)economic loss;

   (e)substantial impairment of a person’s legal rights.

   legally incompetent person means an adult who is subject to—

   (a)an enduring power of attorney that has become operative; or

   (b)a guardianship order.

2. Part 3

   substitute

Part 3Victims of crime commissioner

Division 3.1               Appointment of commissioner

1. Appointment

   (1)The Minister must appoint a person to be the Victims of Crime Commissioner.

   NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   (2)The commissioner must be appointed for not longer than 5 years.

   Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

   (3)The conditions of appointment of the commissioner are the conditions agreed between the Minister and the commissioner, subject to any determination under the Remuneration Tribunal Act 1995.

2. Ending appointment

   (1)The Minister may end the appointment of a person as commissioner—

   (a)if the person contravenes a law in force in the Territory; or

   (b)for misbehaviour; or

   (c)if the person becomes bankrupt or personally insolvent; or

   (d)if the person is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year.

   (2)The Minister must end the person’s appointment—

   (a)if the person is absent, other than on approved leave, for 14 consecutive days or for 28 days in any 12-month period; or

   (b)for physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

3. Staff

   The staff assisting the commissioner are to be employed under the Public Sector Management Act 1994.

4. Delegation by commissioner

   The commissioner may delegate the commissioner’s functions under a territory law to a public servant.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Division 3.2               Functions of commissioner

1. Functions

   The commissioner has the following functions in connection with the administration of justice:

   (a)to manage the victims services scheme and any other program for the benefit of victims;

   (b)to advocate for the interests of victims;

   (c)to monitor and promote compliance with the governing principles;

   (d)to ensure concerns and formal complaints about non-compliance with the governing principles are dealt with promptly and effectively;

   (e)to ensure the provision of efficient and effective services for victims;

   (f)to consult on and promote reforms to meet the interests of victims;

   (g)to develop educational and other programs to promote awareness of the interests of victims;

   (h)to distribute information about the operation of this Act and the commissioner’s functions;

   (i)to ensure that victims receive information and assistance they need in connection with their involvement in the administration of justice;

   (j)to encourage and facilitate cooperation between agencies involved in the administration of justice with respect to victims;

   (k)to advise the Minister on matters relating to the interests of victims;

   (l)any other function given to the commissioner under this Act or another territory law.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

2. Concerns and complaints

   (1)The commissioner must try to resolve any concern raised with the commissioner by a victim about non‑compliance with the governing principles by an agency involved in the administration of justice.

   (2)An agency must, with the victim’s consent, give the commissioner any document or information that the agency could provide to the victim and which is reasonably required by the commissioner to resolve a concern under subsection (1).

   (3)Nothing in subsection (1) prevents a victim or the commissioner from making a formal complaint about a concern, or requires a victim to raise a concern with the commissioner before making a formal complaint.

   (4)If the commissioner receives a formal complaint about non‑compliance with the governing principles by an agency involved in the administration of justice, the commissioner must refer the complaint to a relevant complaints entity.

   (5)If a complaint is referred to a relevant complaints entity, the commissioner must give the entity all documents and information held by the commissioner about the complaint.

   (6)In this section:

   relevant complaints entity means—

   (a)the human rights commission; or

   (b)the ombudsman; or

   (c)any other entity authorised to investigate a complaint relating to the administration of justice.

3. Attendance at criminal proceedings

   For the exercise of the commissioner’s functions under this Act, the commissioner is entitled to be present at the hearing of a proceeding in a court in respect of an offence, including any part of the proceeding held in private, unless the court directs otherwise.

4. Victims services scheme—establishment
   Section 19 (2) (a) and (b)

   omit

5. Section 19 (2) (e)

   omit

   coordinator

   substitute

   commissioner

6. New part 4A

   insert

Part 4AVictims advisory board

Division 4A.1            Establishment and membership

22AEstablishment of board

The Victims Advisory Board is established.

22BFunctions of board

The functions of the board are—

(a)to advise the Minister on policies, priorities and strategies for the acknowledgment, protection and promotion of the interests of victims in the administration of justice; and

(b)if asked by the Minister—to help develop and maintain protocols and procedures for the treatment of victims by agencies involved in the administration of justice; and

(c)any other function given to the board under this Act or another territory law.

22CMembership of board

(1)The board consists of—

(a)the chief executive; and

(b)the commissioner; and

(c)the members (the appointed members) appointed under section 22D.

(2)The chief executive may delegate his or her functions under this Act to a public servant.

22DAppointed members of board

(1)The Minister must appoint the following members of the board:

(a)a representative of each of the following entities:

(i)the DPP;

(ii)the Australian Federal Police;

(iii)ACT courts;

(iv)the administrative unit allocated responsibility for the administration of corrective services;

(v)the administrative unit allocated responsibility for the administration of youth justice;

(vi)the administrative unit allocated responsibility for restorative justice;

(b)3 people who, in the Minister’s opinion, represent the interests of victims services groups;

(c)1 person who, in the Minister’s opinion, represents the interests of indigenous communities;

(d)1 person who is a lawyer.

(2)A member must be employed, practise, or live, in the ACT.

(3)The Minister must not appoint a public servant as a member mentioned in subsection (1) (b) to (d).

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

Note 4A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

22EChair

The chair of the board is the chief executive.

22FConditions of appointment generally

(1)An appointed member holds the position on a part-time basis.

(2)An appointed member holds the position on terms not provided by this Act or another territory law that are decided by the Minister.

22GTerm of appointment

(1)An appointed member must be appointed for not longer than 3 years.

(2)The Minister must end the appointment of—

(a)an appointed member mentioned in section 22D (1) (a) if the Minister is satisfied that the member is no longer the representative of the entity the member was appointed to represent; or

(b)an appointed member mentioned in section 22D (1) (b) or (c) if the Minister is satisfied that the member no longer represents the interests of the group or community the member was appointed to represent; or

(c)any member if the member ceases to be eligible for appointment.

(3)The Minister may end the appointment of an appointed member—

(a)for misbehaviour or physical or mental incapacity; or

(b)if the member becomes bankrupt or personally insolvent; or

(c)if the member is absent for 3 consecutive meetings; or

(d)if the member is convicted of an indictable offence; or

(e)if the member fails to comply with section 22J (Disclosure of interests) without reasonable excuse.

NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Division 4A.2            Proceedings of board

22HTime and place of meetings

(1)Meetings of the board are to be held at the times and places it decides.

(2)However, the board must meet at least twice every year.

(3)The chair—

(a)may at any time call a meeting of the board; and

(b)must call a meeting if asked to do so by the Minister or at least 7 members.

22IProcedures governing conduct of meetings

(1)The chair presides at all meetings at which the chair is present.

(2)If the chair is absent, the member chosen by the members present presides.

(3)The board may decide the procedure to be followed for a meeting.

(4)At a meeting of the board—

(a)7 members form a quorum; and

(b)each member has a vote on each question to be decided; and

(c)a question is to be decided by a majority of the votes of the members present and voting but, if the votes are equal, the member presiding has a casting vote.

(5)The board must keep minutes of its meetings.

22JDisclosure of interests

(1)This section applies to a member of the board if—

(a)the member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

(2)As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.

(3)The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—

(a)be present when the board considers the issue; or

(b)take part in a decision of the board on the issue.

1. Part 6

   substitute

Part 6Miscellaneous

1. Protection from liability

   (1)An official is not civilly liable for conduct engaged in honestly and without recklessness—

   (a)in the exercise of a function under this Act; or

   (b)in the reasonable belief that the conduct was in the exercise of a function under this Act.

   (2)Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.

   (3)In this section:

   conduct means an act or omission to do an act.

   official means—

   (a)the commissioner; or

   (b)a member of the staff of the commissioner; or

   (c)a person authorised under this Act to do or not to do a thing.

2. Secrecy

   (1)A person to whom this section applies commits an offence if—

   (a)the person—

   (i)makes a record of protected information about someone else; and

   (ii)is reckless about whether the information is protected information about someone else; or

   (b)the person—

   (i)does something that divulges protected information about someone else; and

   (ii)is reckless about whether—

   (A)the information is protected information about someone else; and

   (B)doing the thing would result in the information being divulged to someone else.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (2)Subsection (1) does not apply if the record is made, or the information is divulged—

   (a)under this Act or another law applying in the Territory; or

   (b)in relation to the exercise of a function, as a person to whom this section applies, under this Act or another law applying in the Territory.

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

   (3)Subsection (1) does not apply to the divulging of protected information about someone with the person’s consent.

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

   (4)A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the Territory.

   (5)In this section:

   court includes a tribunal, authority or person having power to require the production of documents or the answering of questions.

   divulge includes communicate.

   person to whom this section applies means a person who—

   (a)is or has been—

   (i)the commissioner; or

   (ii)a member of the staff of the commissioner; or

   (b)exercises, or has exercised, a function under this Act.

   produce includes allow access to.

   protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

1. Regulation-making power

   The Executive may make regulations for this Act.

   NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

2. Dictionary, note 2

   insert

   ·     adult

   ·     bankrupt or personally insolvent

   ·     child

   ·     domestic partner (see s 169 (1))

   ·     human rights commission

3. Dictionary, note 2

   omit

   ·     law, of the Territory

4. Dictionary, note 2

   insert

   ·     ombudsman

   ·     parent

   ·     public servant

   ·     territory law

5. Dictionary, new definitions

   insert

   appointed member—see section 22C (1) (c).

   board means the victims advisory board.

   commissioner means the Victims of Crime Commissioner appointed under section 7.

6. Dictionary, definition of coordinator

   omit

7. Dictionary, new definitions

   insert

   governing principles means the principles mentioned in section 4.

   guardian—see section 6 (3).

8. Dictionary, definition of harm

   omit

9. Dictionary, new definition of primary victim

   insert

   primary victim—see section 6.

10. Dictionary, definition of victim

    substitute

    victim—see section 6.

11. Dictionary, new definition of victims advisory board

    insert

    victims advisory board means the board established under section 22A.

Part 3Victims of Crime Regulation 2000

1. Part 2

   omit

2. Responsible service agency
   Section 21

   omit

3. Section 22

   omit everything before paragraph (a), substitute

4. Commissioner’s functions—victims services scheme

   For the Act, section 19 (2) (e), the commissioner’s functions are—

5. Section 22 (b)

   omit

   and the guidelines made under section 17 (Guidelines)

6. Section 22 (f)

   substitute

   (f)to report to the chief executive every 6 months on the services the commissioner provides or arranges; and

7. Section 22 (k) and (l)

   substitute

   (k)to provide victims with information and assistance about the criminal justice system, the operation of the victims services scheme and complaint procedures; and

   (l)to keep financial records of the commissioner’s operations under the victims services scheme.

8. Section 23

   substitute

9. Employment etc of people—contact with eligible victims

   (1)Subsection (2) applies to the employment or engagement of a person who will have contact with eligible victims.

   (2)The commissioner must—

   (a)be satisfied that the person has—

   (i)qualifications or experience in working with victims and with people from a diversity of ethnic and cultural backgrounds; and

   (ii)experience or knowledge of working in a multidisciplinary team environment; and

   (b)assess and evaluate the victims services the person provides; and

   (c)encourage the person to undertake continuing education in the provision of services to victims; and

   (d)take steps to ensure the person is familiar with the Human Rights Commission Act 2005.

   (3)The commissioner must take reasonable steps to ensure that a person employed or engaged by the Territory who has been convicted of a serious crime does not have contact with an eligible victim.

10. Eligible victims under the victims services scheme
    Section 24

    omit

    responsible service agency

    substitute

    commissioner

11. Definitions—div 3.2
    Section 25

    omit

    responsible service agency

    substitute

    commissioner

12. Section 25, definition of reviewable decision

    omit

    committee

    substitute

    health services commissioner

13. Sections 25A, 26 and 26A

    omit

    responsible service agency

    substitute

    commissioner

14. Review by internal reviewer
    Section 27 (1) and (2)

    substitute

    (1)The internal reviewer for an internally reviewable decision must review the decision within 28 days (the 28-day period) after the day the commissioner receives the application for review of the internally reviewable decision.

15. Eligibility Review Committee
    Section 28

    omit

16. Applications to committee for internal review
    Section 29

    omit

    committee

    substitute

    health services commissioner

17. Section 30

    substitute

18. Review by health services commissioner

    (1)The health services commissioner must review the internal reviewer’s decision within 28 days (the 28-day period) after the day the health services commissioner receives the application for review of the internal reviewer’s decision.

    (2)The health services commissioner must—

    (a)confirm the decision; or

    (b)vary the decision; or

    (c)set aside the decision and substitute the health services commissioner’s own decision.

    (3)If the decision is not varied or set aside within the 28-day period, the decision is taken to have been confirmed by the health services commissioner.

19. Reviewable decision notices
    Section 31

    omit

    committee

    substitute

    health services commissioner

20. Level 1 service
    Section 33 (3)

    omit

    responsible service agency

    substitute

    commissioner

21. Level 2 service
    Section 34 (3)

    omit

    responsible service agency

    substitute

    commissioner

22. Section 34 (8)

    substitute

    (8)After the level 2 service contact hours have been given in accordance with the care plan, the commissioner, or the service provider who provided the level 2 service contact hours, must prepare and give a closure report to the case coordinator.

23. Level 3 service
    Section 35 (5)

    substitute

    (5)After the level 3 service contact hours have been given in accordance with the revised care plan, the commissioner, or the service provider who provided the level 3 service contact hours, must prepare and give a closure report to the case coordinator.

24. Section 36

    substitute

25. Exceptional cases

    (1)This section applies if the case coordinator for an eligible victim makes a written recommendation to the commissioner that—

    (a)on information available to the case coordinator, further contact hours in addition to level 3 service contact hours would give substantial therapeutic benefit to the victim; and

    (b)it is impossible or impractical to provide the further contact hours under a scheme or program other than the victims services scheme.

    (2)The commissioner must consider the recommendation and decide whether or not to carry out the recommendation, or a variation of it.

    (3)After the further contact hours have been given, the commissioner, or the service provider who provided the service, must prepare and give a closure report to the case coordinator.

    (4)The closure report must include particulars of the number of contact hours and the extent to which the rehabilitation goals of the revised care plan were achieved.

    (5)On receiving the closure report for the victim, the case coordinator must carry out case closure in relation to the victim.

    (6)In this section:

    substantial therapeutic benefit, for a victim, includes achieving his or her rehabilitation goals if—

    (a)the victim has almost achieved his or her rehabilitation goals at the time the victim’s level 3 service contact hours have finished; or

    (b)the victim will not achieve his or her rehabilitation goals within level 3 service contact hours because of the extent and complexity of the harm suffered by the victim.

26. How contact hours are provided
    Section 37 (1)

    substitute

    (1)Contact hours for an eligible victim who lives in the ACT must be provided by—

    (a)the commissioner; or

    (b)an approved service provider; or

    (c)with the written approval of the commissioner—a person who is not an approved service provider.

27. Section 37 (2) and (3)

    omit

    responsible service agency

    substitute

    commissioner

28. Section 38

    substitute

29. Arbitration—care plans

    If, for an eligible victim who is entitled to receive level 2 or level 3 service, the case coordinator and service provider do not agree about the content of a care plan, the need for additional contact hours or both, the case coordinator must refer the issue in writing to an independent arbitrator nominated by the commissioner.

30. Approved service providers
    Section 40 (1) and (2)

    omit

    board

    substitute

    commissioner

31. Section 40 (3)

    omit

32. Criteria for approval
    Section 41

    omit

    board

    substitute

    commissioner

33. Section 41 (a) (i)

    substitute

    (i)has qualifications or experience in working with victims and with people from a diversity of ethnic and cultural backgrounds; and

34. Section 41 (d)

    omit

35. New section 41 (2)

    insert

    (2)For section 37 (1) and (2), the commissioner may only approve the use of a person who is not an approved service provider if satisfied that the person meets the criteria mentioned in subsection (1).

36. Section 42

    substitute

37. Suspension of approval

    The commissioner may suspend the approval of a service provider if—

    (a)the commissioner is no longer satisfied on reasonable grounds of the matters mentioned in section 41; or

    (b)the service provider is a suspect in an investigation of an indictable offence; or

    (c)the service provider has been the subject of a complaint to the human rights commission and the complaint has not been decided or has been upheld.

38. Cancellation of approval
    Section 43

    omit

    board

    substitute

    commissioner

39. Section 45

    substitute

40. Special financial assistance—statements

    If a primary victim asks the commissioner for a statement and certificate under the Victims of Crime (Financial Assistance) Act 1983, section 27, the commissioner must provide the statement and certificate.

41. Reviewable decision notices
    Section 46A

    omit

    board

    substitute

    commissioner

42. New section 47A

    in part 4, insert

47AGuidelines—victims services scheme etc

(1)The commissioner may make guidelines about—

(a)the way a victim is assessed for eligibility to use the victims services scheme; and

(b)the employment or engagement of people who will have contact with eligible victims; and

(c)the preparation, content and implementation of care plans; and

(d)the eligibility of entities to be approved or used as service providers; and

(e)the referral of victims to service providers or other entities dealing with victims; and

(f)the establishment and operation of volunteer programs; and

(g)the internal review of decisions made by the commissioner; and

(h)the holding of indemnity insurance by service providers; and

(i)other matters necessary or convenient to be decided with respect to the victims services scheme.

(2)Guidelines are a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

1. Guidelines—volunteers
   Section 48

   omit

   board

   substitute

   commissioner

2. New section 48A

   insert

48AIndependent arbitrators

(1)The commissioner may approve independent arbitrators for this regulation.

(2)A person is eligible to be approved as an independent arbitrator only if the person is an approved service provider.

(3)The commissioner must keep a list of approved independent arbitrators.

(4)The commissioner must keep the list open for inspection (without charge) by an eligible victim.

(5)If asked by an eligible victim, the commissioner must give a copy of the list (without charge) to the victim.

1. Section 50 heading

   substitute

2. Determination of fees for services provided by service providers

3. Section 50 (1)

   omit

   approved service provider

   substitute

   service provider

4. Dictionary, note 2

   omit

   ·     bankrupt or personally insolvent

   ·     dentist

   ·     doctor

5. Dictionary, note 2

   insert

   ·     health services commissioner

6. Dictionary, note 3

   insert

   ·     commissioner

   ·     victims advisory board

7. Dictionary, definitions of AFP member and appointed member

   omit

8. Dictionary, definition of board

   substitute

   board means the victims advisory board.

9. Dictionary

   omit the definitions of

   chairperson

   committee

   community support member

   courts member

   deputy chairperson

   DPP member

10. Dictionary, definition of health practitioner member

    omit

11. Dictionary, definition of independent arbitrator

    omit

    section 18

    substitute

    section 48A

12. Dictionary

    omit the definitions of

    indigenous member

    justice member

    legal profession member

    manager

    migrant member

    psychiatrist/psychologist member

    responsible service agency

    victims groups member

    youth policy and services member

Schedule 1Consequential amendments

(see s 3)

Part 1.1Crimes (Sentencing) Act 2005

[1.1]Section 136 (4) (h)

omit

coordinator

substitute

commissioner

Part 1.2Remuneration Tribunal Act 1995

[1.2]Schedule 1, part 1.2

insert

·     victims of crime commissioner

Part 1.3Territory Records Regulation 2009

[1.3]Schedule 1, items 21 and 22

substitute

21	Victims Advisory Board	chair of the board
22	Victims of Crime Commissioner	victims of crime commissioner

[1.4]Dictionary, definitions of Victims Assistance Board and Victims of Crime Coordinator

substitute

Victims Advisory Board means the Victims Advisory Board established under the Victims of Crime Act 1994, section 22A.

Victims of Crime Commissioner means the Victims of Crime Commissioner appointed under the Victims of Crime Act 1994, section 7.

Part 1.4Victims of Crime (Financial Assistance) Act 1983

[1.5]Section 27 (1) (b) (v)

omit

person in charge of the responsible service agency prescribed by regulation

substitute

commissioner

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 1 July 2010.

2. Notification

   Notified under the Legislation Act on 31 August 2010.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Victims of Crime Amendment Bill 2010, which was passed by the Legislative Assembly on 17 August 2010.

   Acting Clerk of the Legislative Assembly

   © Australian Capital Territory 2010