Victims of Crime Assistance Amendment Rules 2021 (Vic)

Victims of Crime Assistance Amendment Rules 2021

S.R. No. 9/2021

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Amendment of object

6Definition

7New Rule 8A inserted

8New Rule 9A inserted

9Application may be lodged by fax or email

10When application made

11New Order 3A inserted

12New Form 3 inserted

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Endnotes

STATUTORY RULES 2021

S.R. No. 9/2021

Victims of Crime Assistance Act 1996

Victims of Crime Assistance Amendment Rules 2021

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Victims of Crime Assistance Rules 2020 as a consequence of amendments made to the Victims of Crime Assistance Act 1996 by the Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020.

2Authorising provisions

These Rules are made under section 57 of the Victims of Crime Assistance Act 1996 and all other enabling powers.

3Commencement

These Rules come into operation on 22 February 2021.

4Principal Rules

In these Rules, the Victims of Crime Assistance Rules 2020[1] are called the Principal Rules.

5Amendment of object

In Rule 1(b) of the Principal Rules, after "judicial registrars" (where twice occurring) insert "and Tribunal officers".

6Definition

Insert the following definition in Rule 5 of the Principal Rules—

"application for review of a decision of a Tribunal officer means an application under section 59A of the Act;".

7New Rule 8A inserted

After Rule 8 of the Principal Rules insert—

"8A   Application for review of a decision of a Tribunal officer—Form 3

(1)An application under section 59A of the Act for review of a final decision of the Tribunal made by a Tribunal officer must be in Form 3.

(2)An application for review of a decision of a Tribunal officer must be accompanied by an affidavit that sets out the reasons for the application.

(3)The application for review of a decision of a Tribunal officer and the accompanying affidavit must be lodged within 14 days after the day on which the final decision of the Tribunal officer was made.

(4)The Tribunal may extend time for lodging under paragraph (3) before or after the time expires, whether or not an application for review of a decision of a Tribunal officer is made before that time expires.".

8New Rule 9A inserted

After Rule 9 of the Principal Rules insert—

"9A   Lodgement of application for review of decision of a Tribunal officer

(1)An application for review of a decision of a Tribunal officer must be lodged with or posted to a registrar of the Tribunal at the venue of the Tribunal where the decision of the Tribunal officer was made.

(2)Despite paragraph (1), a registrar of the Tribunal may accept an application for review of a decision of a Tribunal officer that is lodged with or posted to a registrar of the Tribunal at a venue of the Tribunal other than the venue referred to in that paragraph.".

9Application may be lodged by fax or email

(1)In the heading to Rule 10 of the Principal Rules, for "or email" substitute ", email or other electronic communication".

(2)In Rule 10 of the Principal Rules, for "or email" substitute ", email or other electronic communication".

10When application made

In Rule 11(1) of the Principal Rules, after "9" insert ", 9A".

11New Order 3A inserted

After Order 3 of the Principal Rules insert—

"Order 3A—Tribunal officers

14APowers of Tribunal officer

A Tribunal officer—

(a)may exercise any power delegated to that Tribunal officer by instrument under section 24(4) of the Act; and

(b)has all the powers of the Tribunal necessary to exercise those delegated powers.

14BReview of a decision of a Tribunal officer by Tribunal

(1)An application for review of a decision of a Tribunal officer must be determined by the Tribunal after consideration of the application and the accompanying affidavit.

(2)The Tribunal, after examining the application and accompanying affidavit may—

(a)determine the review on the papers; or

(b)set a date, time and place for hearing the review.

(3)In determining the review, the Tribunal may—

(a)affirm the final decision; or

(b)set aside the final decision and make another final decision in substitution for it.

14CStay

Unless the Tribunal otherwise orders, the lodging of an application for review of a decision of a Tribunal officer does not operate as a stay of any final decision made by a Tribunal officer as delegate of the Tribunal.".

12New Form 3 inserted

After Form 2 of the Principal Rules insert—

"Form 3—Application for review of a decision of a Tribunal officer

Rule 8A

APPLICATION FOR REVIEW OF A DECISION OF A TRIBUNAL OFFICER

(Victims of Crime Assistance Rules 2020)

Victims of Crime Assistance Tribunal

DETAILS OF PERSON SEEKING REVIEW

Surname:

Given names:

Address:  Postcode:

Telephone: (H)                   (W)   (M)

DECISION TO BE REVIEWED

I apply to the Victims of Crime Assistance Tribunal under section 59A of the Victims of Crime Assistance Act 1996 to have the following decision made by a Tribunal officer reviewed:

Date of decision:

Tribunal venue where decision made:

Tribunal reference No.:

NOTE: An applicant must file an affidavit with their application setting out the reasons for seeking a review of a final decision of a Tribunal officer.

MATERIAL IN SUPPORT OF REVIEW APPLICATION

Do you wish to file any additional material in support of your review application?

o  Yes
o  No

If yes, please file all additional supporting material with the Tribunal within 28 days from the date of this application.

DETERMINATION OF YOUR REVIEW APPLICATION

Would you prefer to:

     o  Attend a hearing at the Tribunal? OR
o  Have your application determined in your absence?

Do you request that:

     o  Proceedings be conducted in a closed Court?
o  Publication of your application be restricted?

Do you require an interpreter?   Yes o  No o   If yes, specify a language.

SIGNATURE OF APPLICANT

Signature:

Date:

[signed by the person making the application
for review or the applicant's solicitor]

NOTE: An application for review under section 59A of the Victims of Crime Assistance Act 1996 is treated as a hearing de novo of the original application for assistance. Upon review, the Tribunal may either refuse the application for review or make its own decision in substitution for the original order.

".

Dated:   17 February 2021

LISA HANNAN,

Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

SUSAN WAKELING,

Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 88/2020.