Victims of Crime Assistance (Procedure) (Amendment) Rules 1998 (Vic)

Victims of Crime Assistance (Procedure)

(Amendment) Rules 1998

S.R. No. 45/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Principal Rules	1
4.	Substitution of Rule 10	1
10. Notification to Tribunal by applicant—Forms 3 and 4	1
5.	Amendments to Forms 2 and 3	2
6.	New Form 4 inserted	2

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NOTES 5

i

STATUTORY RULES 1998

S.R. No. 45/1998

Victims of Crime Assistance Act 1996

Victims of Crime Assistance (Procedure)

(Amendment) Rules 1998

The Chief Magistrate together with 2 Deputy Chief

Magistrates jointly make the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to the Principal Rules.

2. Authorising provisions

These Rules are made under section 57 of the other enabling powers.

3. Principal Rules

In these Rules, the Victims of Crime Assistance (Procedure) Rules 19971 are called the Principal Rules.

4. Substitution of Rule 10

For Rule 10 of the Principal Rules substitute—

"10. Notification to Tribunal by applicant—

Forms 3 and 4

(1) If the registrar of the Tribunal is of the

opinion that a person may have an notification to that person.

entitlement to make an application to the

Victims of Crime Assistance (Procedure) (Amendment) Rules
1998

r. 5 S.R. No. 45/1998

(2) Notification under paragraph (1) must be in

Form 3, unless the person is under the age of 18 years or is a represented person within the meaning of the Guardianship and

Administration Board Act 1986 in which case the notification, must be in Form 4.".

5. Amendments to Forms 2 and 3

(1) In Form 2 to the Principal Rules after—

"(Name of potential

victim):––––––––––––––––––––––––––––––––––––––––"

(where twice occurring)

insert—

"(Age of potential victim if under 18 years):––––––––––––

(Name and address of parent, guardian or administrator of potential victim, if potential victim is under 18 years or is a represented person within the meaning of the

Guardianship and Administration Board Act 1986):–––

–––––––––––––––––––––––––––––––––––––––––––––

(Relationship of potential victim to deceased):–––––––––".

(2) In Form 3 to the Principal Rules for "Crimes

Compensation Tribunal" substitute "Victims of

Crime Assistance Tribunal".

6. New Form 4 inserted

After Form 3 to the Principal Rules insert—

Victims of Crime Assistance (Procedure) (Amendment) Rules
1998

S.R. No. 45/1998 r. 6

"FORM 4

Rule 10

*NOTICE TO A GUARDIAN OF A MINOR
*NOTICE TO A GUARDIAN OR ADMINISTRATOR OF A

REPRESENTED PERSON

WITH POSSIBLE RIGHT TO APPLY

(Victims of Crime Assistance (Procedure) Rules 1997)

Date:

Dear Sir/Madam

RE: DEATH OF _______________________________

It has come to the Tribunal's attention that (name of minor or represented person) may be a related victim of the act of violence which led to the death of_________________. If so he/she may be entitled to apply for an award of assistance.

Section 11 of the Victims of Crime Assistance Act 1996 states that:

A related victim of an act of violence is a person who, at the time of the occurrence of the act of violence—

(a)	was a close family member of; or
(b)	was a dependant of; or
(c)	had an intimate personal relationship with—

a primary victim of that act who died as a result of that act.

If you believe (name of minor or represented person) may be a related victim and wish to lodge an application for assistance, please do so within 21 days. If you do not lodge the claim within 21 days, the Tribunal may not be able to assist (name of minor or represented person).

An application form has been enclosed.

If you are unsure about making an application on behalf of (name of minor or represented person) you can contact the Tribunal on the above number or seek the advice of a legal practitioner.

Registrar

Victims of Crime Assistance (Procedure) (Amendment) Rules
1998

r. 6 S.R. No. 45/1998

Victims of Crime Assistance Tribunal

*Delete if not applicable.".

Dated: 20 April 1998

MICHAEL A. ADAMS QC,

Chief Magistrate

BRIAN S. BARROW,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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Victims of Crime Assistance (Procedure) (Amendment) Rules
1998

S.R. No. 45/1998 Notes

NOTES

1 Rule 3: S.R. No. 64/1997.