Victims Of Crime Assistance Regulations 2007 (NT)

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NORTHERN TERRITORY OF AUSTRALIA

VICTIMS OF CRIME ASSISTANCE regulations 2007

As in force at 20 November 2020

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Citation2 — CommencementPart 2 — Interpretation3 — Definitions4 — Violent acts – sexual offences5 — Domestic violence injuries6 — Pattern of abuse7 — Factor of aggravationPart 3 — Applications for financial assistance8 — General information required9 — Information required for application for immediate payment10 — Information required for application for award11 — Amendment of application and lodgment of further information12 — Costs of giving information or documents13 — Application relating to injury suffered in course of employmentPart 4 — Compensable violent acts and injuries and standard amounts14 — Compensable violent acts and standard amounts15 — Categories of psychological and psychiatric disorders16 — Compensable injuries and standard amountsPart 5 — Awards of financial assistance17 — Award for compensable violent act without evidence of injury18 — Award for multiple compensable injuries19 — Reduction of standard amount because of existing condition20 — Assessment of financial assistance in certain circumstances21 — Burns and scarring22 — Domestic violence injuries23 — Calculation of loss of earningsPart 6 — Appeals costs24 — Costs allowable to legal practitioner25 — Territory's liability for applicant's costsPart 7 — Levy for victims assistance fund26 — Imposition of levy – exceptionsPart 8 — Administrative matters27 — Supply and lodgment of documents28 — Approved examiners29 — Assessor may require examination by approved examinerPart 9 — Transitional matters for Victims of Crime Assistance Amendment Regulations 201330 — Application of exception to imposition of levySchedule 1 — Violent acts and categories of compensable violent actsSchedule 2 — Category 1 offences for psychological or psychiatric disorderSchedule 3 — Compensable violent acts, compensable injuries and standard amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 20 November 2020

VICTIMS OF CRIME ASSISTANCE regulations 2007

Regulations under the Victims of Crime Assistance Act 2006

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Victims of Crime Assistance Regulations 2007.

2Commencement

These Regulations commence on the commencement of the Victims of Crime Assistance Act 2006.

Part 2Interpretation 3Definitions

In these Regulations:

approved examiner means a psychologist, psychiatrist or other person approved under regulation 28.

category, see:

  • (a)

    for a compensable violent act – regulation 14(1), (2) or (3); or

  • (b)

    for a psychological or psychiatric disorder – regulation 15(1) or (2).

compensable injury, see regulation 16(1) and (2).

domestic violence injuries, see regulation 5.

offensive weapon, see section 1 of the Criminal Code.

pattern of abuse, see regulation 6.

serious harm, see section 1 of the Criminal Code.

standard amount, see:

  • (a)

    for a compensable violent act – regulation 14(4); or

  • (b)

    for a compensable injury – regulation 16(3).

4Violent act

For section 5(1)(a) of the Act, a criminal act that constitutes, or under section 5(2)(b) of the Act would otherwise constitute, an offence mentioned in Schedule 1, Part 1, 2 or 3, is a violent act.

Notes for regulation 4

  • 1

    Under section 5(1)(b) of the Act, other criminal acts are also violent acts.

  • 2

    Under section 7(1) of the Act, a violent act prescribed under this regulation is a compensable violent act.

5Domestic violence injuries
  • (1)

    A victim suffers domestic violence injuries if:

    • (a)

      the victim suffers 1 or more injuries as a direct result of:

      • (i)

        a violent act involving a pattern of abuse, committed by an offender with whom the victim is in a domestic relationship; or

      • (ii)

        a violent act of unlawful stalking under section 189 of the Criminal Code in contravention, or apparent contravention, of a domestic violence order; or

      • (iii)

        a combination of violent acts mentioned in subparagraphs (i) and (ii) if committed by the same offender; and

    • (b)

      the injuries are more than transient or trifling, though they need not be serious.

  • (2)

    In this section:

    domestic relationship, see the Domestic and Family Violence Act 2007.

    domestic violence order, see the Domestic and Family Violence Act 2007.

6Pattern of abuse

A violent act involves a pattern of abuse if:

  • (a)

    the violent act is a series of 3 or more related criminal acts that occur over a period of time; and

  • (b)

    the acts are committed against the same victim by the same offender.

Note for regulation 6

See section 5 of the Act for general information about related criminal acts.

7Factor of aggravation

A factor of aggravation applies for an offence if:

  • (a)

    the victim suffers serious harm as a direct result of the offence; or

  • (b)

    the offence was committed by the use or threatened use of an offensive weapon; or

  • (c)

    the offence was committed by a person in the company of another person.

Part 3Applications for financial assistance 8General information required

For sections 26(3)(j) and 32(1)(m) of the Act, an application for financial assistance must include the following information:

  • (a)

    the eligible victim’s name, address and date of birth;

  • (b)

    if the application is made for the eligible victim by a person mentioned in section 25(5) of the Act – the person’s name, address, date of birth and relationship to the eligible victim;

  • (c)

    if the application is made because the violent act resulted in the death of the primary victim – the name, date of birth and date of death of the primary victim and the applicant’s relationship to the primary victim;

  • (d)

    if the applicant is applying for financial assistance for the loss of clothing or other personal effects – a description of the personal effects and the expenses incurred in replacing them.

9Information required for application for immediate payment

For section 26(3)(j) of the Act, an application for an immediate payment must include the following information:

  • (a)

    a statement of:

    • (i)

      all expenses or financial loss incurred or likely to be incurred by the applicant, substantiated by copies of relevant documents, including, for example, invoices and receipts; and

    • (ii)

      reimbursements expected by the applicant for expenses or financial loss incurred or likely to be incurred;

  • (b)

    if the applicant is a primary victim or secondary victim of the violent act – a statement of whether the applicant has received, or is likely to receive, any refunds from Medicare or a private health insurer for financial loss for medical expenses.

10Information required for application for award
  • (1)

    For section 32(1)(m) of the Act, an application for an award must include the following information:

    • (a)

      a statement of whether the applicant has received, or is likely to receive, any refunds from Medicare or a private health insurer for financial loss for medical expenses;

    • (b)

      if the applicant has suffered a compensable injury described in Schedule 3 – a description of the injury in accordance with the description in Schedule 3;

    • (c)

      if the applicant has suffered a compensable injury that is not described in Schedule 3:

      • (i)

        a description of the injury; and

      • (ii)

        the period for which the injury has caused symptoms or disability; and

      • (iii)

        the injury described in the Schedule that is most similar to it;

    • (d)

      if the applicant is applying for financial assistance for more than 1 injury suffered as a result of the same violent act – identification of the most serious injury, second most serious injury and third most serious injury as defined in regulation 18(2);

    • (e)

      a statement of whether, since the occurrence of the injury described in the application or during the 2 years before the occurrence, the applicant has:

      • (i)

        suffered another injury as a direct result of a violent act and, if so, the name of the offender (if known); and

      • (ii)

        made another application for financial assistance relating to the other injury.

  • (2)

    For section 32(3)(c) of the Act, an application for an award must be accompanied by the following documents:

    • (a)

      if the application is for financial assistance for loss of earnings – copies of all relevant documents to substantiate the loss, including, for example, a statement by the applicant’s employer or the applicant’s payslips or business records;

    • (b)

      if the application is for financial assistance for a compensable injury for a category 1 or 2 psychological or psychiatric disorder – a written report about the applicant’s condition.

    Note for regulation 10

    Under regulation 29, the assessor may require the victim to undergo an examination by an approved examiner.

11Amendment of application and lodgment of further information
  • (1)

    On receiving an application for an award, the Director may require the applicant to amend it so that it complies with the Act and these Regulations.

  • (2)

    After accepting an application for an award, the Director must accept further relevant information or documents given by the applicant.

12Costs of giving information or documents

The reasonable expenses of a person in giving information or documents required under section 36(2) or (4) of the Act are payable by the Territory.

13Application relating to injury suffered in course of employment
  • (1)

    This regulation applies in relation to an application for an immediate payment or award if:

    • (a)

      the person who suffered the injury described in the application (the injured person) has made a claim for compensation under the Return to Work Act 1986 for the same (or substantially the same) injury; and

    • (b)

      the injured person has been notified under that Act of the employer’s decision to dispute liability for compensation claimed; and

    • (c)

      the injured person has referred the dispute to mediation or started a proceeding for a determination (including an interim determination) of the claim; and

    • (d)

      at the time the application is considered by the Director or assessor, the injured person’s entitlement to compensation has not been determined.

  • (2)

    For section 18 of the Act, the Director or assessor must presume the injured person is not entitled to compensation under the Return to Work Act 1986 for the injury and decide the application accordingly.

  • (3)

    However, if exceptional circumstances exist, the assessor may defer consideration of the application until the injured person’s entitlement to compensation is decided.

    Example for regulation 13(3)

    The injured person has applied for financial assistance only a short time before the person’s claim for compensation is to be determined.

Part 4Compensable violent acts and injuries and standard amounts 14Compensable violent acts
  • (1)

    A violent act mentioned in Schedule 1, Part 1, is a category 1 compensable violent act.

  • (2)

    A violent act mentioned in Schedule 1, Part 2, is a category 2 compensable violent act.

  • (3)

    A violent act mentioned in Schedule 1, Part 3, is a category 3 compensable violent act.

  • (4)

    The standard amountfor a compensable violent act is specified in Schedule 3, Part 1.

15Categories of psychological and psychiatric disorders
  • (1)

    A category 1 psychological or psychiatric disorder is a recognisable psychological or psychiatric disorder that:

    • (a)

      is moderately disabling and chronic; and

    • (b)

      is suffered as a direct result of an offence against the Criminal Code specified in Schedule 2.

  • (2)

    A category 2 psychological or psychiatric disorder is a recognisable psychological or psychiatric disorder that is severely disabling and chronic.

16Compensable injuries and standard amounts
  • (1)

    An injury described in Schedule 3, Part 2, is a compensable injury.

  • (2)

    Also, an injury not described in Schedule 3, Part 2, can be a compensable injury if an assessor is satisfied the injury:

    • (a)

      is similar to an injury described in Schedule 3, Part 2; and

    • (b)

      has caused symptoms or disability lasting for at least 6 weeks.

  • (3)

    The standard amount for a compensable injury is:

    • (a)

      for an injury described in Schedule 3, Part 2 – the amount, or an amount within the range, specified opposite the injury; or

    • (b)

      for another injury – the standard amount that may be awarded for the most similar compensable injury.

    Notes for regulation 16(3)

    • 1

      Under regulations 18 and 19, the standard amount that may be awarded for compensable injuries may be limited or reduced in certain circumstances.

    • 2

      Under regulation 22, a victim may apply for an award for each compensable injury instead of an award of the standard amount for domestic violence injuries.

    Part 5Awards of financial assistance    
17Award for compensable violent act without evidence of injury

If the eligible victim of a compensable violent act does not give the assessor evidence of an actual injury, the assessor may award the victim only the minimum standard amount for the category of the compensable violent act.

Note for regulation 17

Under section 10(4) of the Act, the eligible victim of a compensable violent act may apply for an award for the mere commission of the violent act or for the compensable injuries suffered as a direct result of the violent act.

18Award for multiple compensable injuries
  • (1)

    If an eligible victim has suffered more than 1 injury as a result of the same violent act, the standard amount that may be awarded for all the injuries is the total of the following amounts:

    • (a)

      the standard amount for the victim’s most serious injury;

    • (b)

      30% of the standard amount for the victim’s second most serious injury;

    • (c)

      if there are more than 2 injuries – 15% of the standard amount for the victim’s third most serious injury.

  • (2)

    For subregulation (1):

    • (a)

      the victim’s most serious injury is the injury, or 1 of the injuries, for which is prescribed the highest standard amount out of all the victim’s injuries (the first amount); and

    • (b)

      the victim’s second most serious injury is:

      • (i)

        if there is another injury for which the first amount is prescribed – that injury; or

      • (ii)

        the injury, or 1 of the injuries, for which is prescribed the second highest standard amount out of all the victim’s injuries (the second amount); and

    • (c)

      the victim’s third most serious injury is:

      • (i)

        if paragraph (b)(i) applies and there is a further injury for which the first amount is prescribed – that injury; or

      • (ii)

        if paragraph (b)(ii) applies and there is a further injury for which the second amount is prescribed – that injury; or

      • (iii)

        the injury, or 1 of the injuries, for which is prescribed the third highest standard amount out of all the victim’s injuries.

  • (3)

    No financial assistance may be awarded for another injury suffered by the victim as a result of the same violent act.

  • (4)

    This regulation does not apply in relation to financial assistance awarded for domestic violence injuries.

19Reduction of standard amount because of existing condition

If a violent act results in a compensable injury because of the aggravation, acceleration, exacerbation or deterioration of an existing condition, the standard amount that may be awarded for the injury must be reduced by the proportionate amount the assessor considers is attributable to the existing condition.

20Assessment of financial assistance in certain circumstances
  • (1)

    In deciding the extent of an injury, the assessor must disregard the extent to which the injury, or effect of the injury, may be reduced or limited by an external removable aid or appliance.

  • (2)

    If the victim has only 1 leg, arm, eye or other body part, an injury to the remaining body part is taken to be an injury to both of the body parts.

21Burns and scarring
  • (1)

    An award for burns or scarring is subject to a reasonable inspection of the injury as required by the assessor.

  • (2)

    The assessor must not award financial assistance for scarring unless the scarring is permanent.

  • (3)

    The assessor must not award financial assistance for both burns to a part of the body and scarring of that part of the body caused by burns.

22Domestic violence
  • (1)

    Instead of applying for an award for domestic violence injuries, a victim may apply for an award for each compensable injury (separate domestic injuries) suffered as a direct result of the violent act.

  • (2)

    The assessor must not award financial assistance to an eligible victim for separate domestic injuries if:

    • (a)

      the victim has applied for an award for the domestic violence injuries and the separate domestic injuries occurred before the victim made the application; and

    • (b)

      the same offender is responsible for the domestic violence injuries and the separate domestic injuries.

  • (3)

    Subregulation (2) does not prevent the assessor from taking the separate domestic injuries into account in making an award for the domestic violence injuries.

23Calculation of loss of earnings
  • (1)

    This regulation applies if:

    • (a)

      a primary victim of a violent act applies for financial assistance for loss of earnings mentioned in section 10(5)(a) of the Act; or

    • (b)

      a secondary victim of a violent act applies for financial assistance for loss of earnings mentioned in section 12(6)(a) of the Act.

  • (2)

    The amount of financial assistance to which the applicant is entitled for each week during the period when the loss of earnings is suffered (the relevant period) is calculated as the lesser of the following amounts:

    • (a)

      75% of the difference between average weekly earnings at the date of the violent act and the applicant’s net weekly earnings during the relevant period;

    • (b)

      75% of the difference between the applicant’s net weekly earnings at the date of the violent act and the applicant’s net weekly earnings during the relevant period.

  • (3)

    In this regulation:

    average weekly earnings means the Average Weekly Earnings for Full Time Adult Persons, Weekly Ordinary Time Earnings for the Northern Territory last published by the Australian Statistician before the date on which the applicants weekly actual loss of earnings is calculated, less a notional deduction for income tax.

Part 6Appeals costs 24Costs allowable to legal practitioner

The costs allowable to a legal practitioner for work done in an appeal are 80% of the costs allowable for the work under the Supreme Court Rules 1987.

25Territory's liability for applicant's costs

The Territory is liable to pay the costs of an applicant under Part 2, Division 6, of the Act in the following circumstances:

  • (a)

    for an application for review of a decision of the Director to refuse to accept a late application notified under section 31(4) of the Act – if the Tribunal sets aside the decision, accepts the application for an award and refers it to the Director for a decision by an assessor under Part 4, Division 4, of the Act;

  • (b)

    for an application for review of a decision of the assessor notified under section 44(5) of the Act:

    • (i)

      if the Tribunal varies the decision by increasing an amount of an award; or

    • (ii)

      if the Tribunal sets aside a decision refusing to award financial assistance and substitutes a decision awarding financial assistance;

  • (c)

    for an application for review of a decision to increase an award notified under section 46(9) of the Act:

    • (i)

      if the Tribunal varies the decision by further increasing an amount of an increased award; or

    • (ii)

      if the Tribunal sets aside a decision refusing to increase the award and substitutes a decision increasing the award;

  • (d)

    for an application for review of a decision of the assessor requiring a refund notified under section 47(3) of the Act:

    • (i)

      if the Tribunal varies the decision by decreasing the amount to be refunded; or

    • (ii)

      if the Tribunal sets aside a decision requiring a refund.

    Part 7Levy for victims assistance fund    
26Imposition of levy – exceptions

For section 61(2) of the Act, a levy is not imposed on any of the following persons:

  • (a)

    a person found guilty of an offence against any of the following:

    • (i)

      the Return to Work Act 1986;

    • (ii)

      the Public Sector Employment and Management Act 1993;

    • (iii)

      the Public and Environmental Health Act 2011;

    • (iv)

      the Litter Act 1972;

    • (v)

      Part 12 of the Australian Road Rules;

    • (vi)

      a by-law of a local government council;

    • (vii)

      the Territory Parks and Wildlife Conservation By‑Laws 1984;

    • (ix)

      a by-law or rule made under the Charles Darwin University Act 2003;

  • (b)

    a person issued a notice under a law of the Territory specified in paragraph (a) providing for the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the law;

  • (c)

    a person found guilty of an offence prosecuted by a local government council.

Part 8Administrative matters 27Supply and lodgment of documents
  • (1)

    The CVSU must supply approved forms free of charge.

  • (2)

    No fee is payable for the lodgment of an application or document at an office of the CVSU or with a person acting for the CVSU.

28Approved examiners

For section 35 of the Act, the Director may approve:

  • (a)

    a medical practitioner, psychologist or psychiatrist to conduct examinations and make reports; and

  • (b)

    approve other persons to conduct examinations of, and make reports about, victims who may have a recognisable psychological or psychiatric disorder.

29Assessor may require examination by approved examiner

If:

  • (a)

    a report mentioned in regulation 10(2)(b) is made by a person who is not an approved examiner; and

  • (b)

    the assessor considers the report does not give sufficient information about the eligible victim’s condition;

the assessor may, under section 35 of the Act, require the victim to undergo an examination by an approved examiner.

Part 9Transitional matters for Victims of Crime Assistance Amendment Regulations 2013 30Application of exception to imposition of levy
  • (1)

    Regulation 26(a)(ix) applies in relation to an offence against a by‑law or rule it mentions only if all of the acts, omissions or events constituting the offence occur after the commencement of this regulation.

  • (2)

    Regulation 26(b) applies in relation to a notice issued under a by‑law or rule mentioned in regulation 26(a)(ix) only if the notice is issued after the commencement of this regulation.

     
Schedule 1Violent acts and categories of compensable violent acts

regulations 4 and 14(1), (2) and (3)

PART 1 – CATEGORY 1

1. An offence against section 127(1)(b) of the Criminal Code of act of gross indecency on a child under 16.

2. An offence against section 130(2) of the Criminal Code of sexual intercourse with, or act of gross indecency on, a mentally ill or handicapped person committed by a provider of disability support services.

3. An offence against section 130(3A)(b) of the Criminal Code of act of gross indecency on a mentally ill or handicapped child under 16 committed by a provider of disability support services.

4. An offence against section 188(1) of the Criminal Code of unlawful assault if section 188(2)(a), (c) and (k) apply.

5. An offence against section 192(6) of the Criminal Code of attempted sexual intercourse without consent with a person under 16 committed by an adult.

PART 2 – CATEGORY 2

1. An offence against section 127(1)(a) of the Criminal Code of sexual intercourse with a child under 16.

2. An offence against section 130(3A)(a) of the Criminal Code of sexual intercourse with a mentally ill or handicapped child under 16 committed by a provider of disability support services.

3. An offence against section 186B of the Criminal Code of female genital mutilation.

4. An offence against section 192(3) of the Criminal Code of sexual intercourse without consent.

5. An offence against section 192(8) of the Criminal Code of attempted sexual intercourse without consent causing serious harm.

6. An offence against section 192B of the Criminal Code of coerced sexual self-manipulation.

PART 3 – CATEGORY 3

1.          An offence mentioned in Part 1 or 2, or a combination of such offences, involving a pattern of abuse.

2. An offence against section 127 of the Criminal Code of sexual intercourse with, or gross indecency on, a child under 16 if a factor of aggravation applies to the offence.

3. An offence against section 130(2) or (3A) of the Criminal Code of sexual intercourse with, or act of gross indecency on, a mentally ill or handicapped person by a provider of disability support services if a factor of aggravation applies to the offence.

4. An offence against section 131A of the Criminal Code of sexual relationship with a child.

5. An offence against section 192(3) of the Criminal Code of sexual intercourse without consent if a factor of aggravation applies to the offence.

6. An offence against section 192B of the Criminal Code of coerced sexual self-manipulation if a factor of aggravation applies to the offence.

Note for Part 3

Regulation 7 defines the factors of aggravation applying for an offence.

Schedule 2Category 1 offences for psychological or psychiatric disorder

regulation 15(1)

1. An offence against section 132(2) of the Criminal Code of indecent dealing with a child under 16 or other act mentioned in the section in relation to a child under 16.

2. An offence against section 188(1) of the Criminal Code of unlawful assault if section 188(2)(c) and (k) apply.

3. An offence against section 156 of the Criminal Code of murder.

4. An offence against section 192(7) of the Criminal Code of attempted sexual intercourse causing harm.

5. An offence against section 194 of the Criminal Code of kidnapping for ransom.

6. An offence against section 195 of the Criminal Code of kidnapping.

7. An offence against section 196 of the Criminal Code of deprivation of liberty if the offence was committed by a person on the person’s unlawful entry of a building under section 213 of the Code.

8. An offence against section 202 of the Criminal Code of abduction of a child under 16.

9. An offence against section 211(1) of the Criminal Code of robbery using or threatening the use of violence if section 211(2) applies to the offence.

Schedule 3Compensable violent acts, compensable injuries and standard amounts

regulations 14(4) and 16

PART 1 – STANDARD AMOUNTS FOR COMPENSABLE VIOLENT ACTS

The standard amount for a compensable violent act is:

  • (a)

    for a category 1 compensable violent act – an amount between $7 500 and $10 000; or

  • (b)

    for a category 2 compensable violent act – an amount between $10 000 and $25 000; or

  • (c)

    for a category 3 compensable violent act – an amount between $25 000 and $40 000.

PART 2 – COMPENSABLE INJURIES AND STANDARD AMOUNTS

Description of compensable injury

Standard amount of financial assistance

$

Brain damage

moderate impairment of social or intellectual functions

30 600

serious impairment of social or intellectual functions

40 000

permanent – extremely serious (no effective control of functions)

40 000

Burns

multiple third degree burns covering at least 25% of body

Note

For other burns to a part of the body, see burn injuries listed under that part of the body

40 000

Description of compensable injury

Standard amount of financial assistance

$

Disease or other recognised medical illness causing disability (not being a disease or illness of the mind)

disability lasting 6 to 13 weeks

2 000

disability lasting 14 to 28 weeks

8 200

disability lasting over 28 weeks (but not permanent)

15 300

permanent disability

40 000

Domestic violence injuries

7 500 – 10 000

Epilepsy

fully controlled

15 300

partially controlled

25 500

uncontrolled

40 000

Head

burns (other than face): minor

3 100

burns (other than face): moderate

8 200

burns (other than face): severe

15 300

burns (face): minor

4 100

burns (face): moderate

10 200

burns (face): severe

40 000

ear: fractured mastoid

2 000

ear: loss of 1 ear

20 400

ear: loss of both ears

35 700

ear: partial deafness of 1 ear – remaining hearing socially useful with hearing aid if necessary

7 500

ear: partial deafness of both ears – remaining hearing socially useful with hearing aid if necessary

15 300

ear: total deafness of 1 ear

30 600

Description of compensable injury

Standard amount of financial assistance

$

ear: total deafness of both ears

40 000

ear: partial loss of ear(s)

8 200

ear: perforated ear drum

3 600

ear: temporary partial deafness – lasting 6 to 13 weeks

2 000

ear: temporary partial deafness – lasting more than 13 weeks

3 100

ear: tinnitus (ringing noise in ears) – lasting 6 to 13 weeks

2 000

ear: tinnitus – lasting more than 13 weeks

6 100

ear: tinnitus – permanent (moderate)

15 300

ear: tinnitus – permanent (very serious)

30 600

eye: blow out fracture of orbit bone cavity containing eyeball

6 100

eye: blurred or double vision – lasting 6 to 13 weeks

2 000

eye: blurred or double vision – lasting more than 13 weeks

3 600

eye: blurred or double vision – permanent

15 300

eye: cataracts 1 eye (requiring operation)

6 100

eye: cataracts both eyes (requiring operation)

15 300

eye: cataracts 1 eye (permanent or inoperable)

15 300

eye: cataracts both eyes (permanent or inoperable)

35 700

eye: corneal abrasions

4 100

eye: damage to iris resulting in hyphaema (bleeding in ocular chamber)

5 100

eye: damage to irises resulting in hyphaema (bleeding in ocular chamber)

12 200

eye: degeneration of optic nerve

4 100

eye: degeneration of optic nerves

10 200

eye: detached retina

10 200

eye: detached retinas

25 500

eye: dislocation of lens

10 200

eye: dislocation of lenses

25 500

Description of compensable injury

Standard amount of financial assistance

$

eye: glaucoma

5 100

eye: loss of 1 eye

40 000

eye: loss of both eyes

40 000

eye: loss of sight of 1 eye

40 000

eye: loss of sight of both eyes

40 000

eye: partial loss of vision – 6/9

15 300

eye: partial loss of vision – 6/12

20 400

eye: partial loss of vision – 6/24

25 500

eye: partial loss of vision – 6/36

30 600

eye: partial loss of vision – 6/60

35 700

eye: residual floaters

10 200

eye: traumatic angle recession of eye

5 100

facial: dislocated jaw

4 100

facial: fractured malar or zygomatic  or fractured malar and zygomatic – cheek bones

4 100

facial: fractured mandible or maxilla or fractured mandible and maxilla – jaw bones

6 100

facial: permanently clicking jaw

10 200

facial: temporary numbness or loss of feeling – lasting 6 to 13 weeks

2 000

facial: temporary numbness or loss of feeling – lasting more than 13 weeks (recovery expected)

3 100

facial: permanent numbness or loss of feeling

8 200

nose: deviated nasal septum

2 000

nose: deviated nasal septum requiring septoplastomy

4 100

nose: undisplaced fracture of nasal bones

2 000

nose: displaced fracture of nasal bones

3 100

nose: partial loss (at least 10%)

8 200

nose: partial loss of smell or taste (or both)

10 200

nose: loss of smell or taste

20 400

nose: loss of smell and taste

30 600

Description of compensable injury

Standard amount of financial assistance

$

scarring (face): minor disfigurement

3 100

scarring (face): significant disfigurement

7 500

scarring (face): serious disfigurement

15 300

scarring (other than face): visible, minor disfigurement

3 100

scarring (other than face): significant disfigurement

6 100

scarring (other than face): serious disfigurement

10 200

skull: balance impaired – permanent

15 300

skull: brain haemorrhage (full recovery)

8 200

skull: brain haemorrhage (residual minor impairment of social/intellectual functions)

15 300

skull: concussion (lasting at least 1 week)

3 100

skull: simple fracture (no operation)

5 100

skull: depressed fracture (no operation)

8 200

skull: depressed fracture (requiring operation)

12 200

skull: stroke (full recovery)

10 200

skull: subdural haematoma – treated conservatively

8 200

skull: subdural haematoma – requiring evacuation

15 300

teeth: chipped front teeth requiring crown

2 000

teeth: fractured tooth/teeth requiring crown

2 000

teeth: loss of crowns

2 600

teeth: loss of 1 tooth other than front tooth

2 000

teeth: loss of 2 or more teeth other than front tooth

3 100

teeth: loss of 1 front tooth

3 100

teeth: loss of 2 or 3 front teeth

4 100

teeth: loss of 4 or more front teeth

6 100

teeth: slackening of teeth requiring dental treatment

2 000

tongue: impaired speech – slight

4 100

tongue: impaired speech – moderate

10 200

tongue: impaired speech – serious

20 400

tongue: impaired speech – severe

35 700

Description of compensable injury

Standard amount of financial assistance

$

tongue: loss of speech – permanent

40 000

tongue: loss of tongue

40 000

Lower limbs

ankle: fracture of 1 ankle (full recovery)

6 100

ankle: fracture of 1 ankle (with continuing disability)

10 200

ankle: fracture of both ankles (full recovery)

15 300

ankle: fracture of both ankles (with continuing disability)

20 400

ankle: sprain of 1 ankle (disabling for at least 6 to 13 weeks)

2 000

ankle: sprain of 1 ankle (disabling for more than 13 weeks)

5 100

ankle: sprain of both ankles (disabling for at least 6 to 13 weeks)

4 100

ankle: sprain of both ankles (disabling for more than 13 weeks)

7 500

burns: minor

3 100

burns: moderate

8 200

burns: severe

20 400

femur: fracture of both legs (full recovery)

15 300

femur: fracture of both legs (with continuing disability)

20 400

femur: fracture of thigh bone (full recovery)

6 100

femur: fracture of 1 leg (with continuing disability)

10 200

fibula: fracture of both legs (full recovery)

15 300

fibula: fracture of both legs (with continuing disability)

20 400

fibula: fracture of 1 leg (with continuing disability)

10 200

fibula: fracture of slender bone from knee to ankle (full recovery)

6 100

heel bone: fracture of 1 foot (full recovery)

5 100

heel bone: fracture of 1 foot (with continuing disability)

10 200

heel bone: fracture of both feet (full recovery)

10 200

Description of compensable injury

Standard amount of financial assistance

$

heel bone: fracture of both feet (with continuing disability)

20 400

knees: injury requiring arthroscopy (investigative surgery/repair) – no fracture

4 100

leg: loss of leg below knee

40 000

leg: loss of leg above knee

40 000

leg: loss of both legs

40 000

metatarsal bones: fracture of 1 foot (full recovery)

5 100

metatarsal bones: fracture of 1 foot (with continuing disability)

15 300

metatarsal bones: fracture of both feet (full recovery)

10 200

metatarsal bones: fracture of both feet (with continuing disability)

30 600

patella: dislocation of 1 leg (full recovery)

2 000

patella: dislocation of 1 leg (with continuing disability)

15 300

patella: dislocation of both legs (full recovery)

4 100

patella: dislocation of both legs (with continuing disability)

35 700

patella: fracture of knee cap (full recovery)

15 300

patella: fracture of 1 leg (with continuing disability)

20 400

patella: fracture of both legs (full recovery)

30 600

patella: fracture of both legs (with continuing disability)

40 000

phalanges: fracture of toes

3 100

scarring: minor disfigurement

2 600

scarring: significant disfigurement

3 600

scarring: serious disfigurement

10 200

tarsal bones: fracture of 1 foot (full recovery)

5 100

tarsal bones: fracture of 1 foot (with continuing disability)

15 300

tarsal bones: fracture of both feet (full recovery)

10 200

tarsal bones: fracture of both feet (with continuing disability)

30 600

Description of compensable injury

Standard amount of financial assistance

$

tendons or ligaments: minor damage (full recovery)

2 000

tendons or ligaments: minor damage (with continuing disability)

6 100

tendons or ligaments: moderate damage (full recovery)

4 100

tendons or ligaments: moderate damage (with continuing disability)

10 200

tendons or ligaments: severe damage (full recovery)

6 100

tendons or ligaments: severe damage (with continuing disability)

15 300

tibia: fracture of shin bone (full recovery)

6 100

tibia: fracture of shin bone (with continuing disability)

10 200

tibia: fracture of both legs (full recovery)

15 300

tibia: fracture of both legs (with continuing disability)

20 400

toe: fracture of 1 big toe

5 100

toe: fracture of 2 big toes

10 200

Neck

burns: minor

3 100

burns: moderate

8 200

burns: severe

20 400

neck: strained (disabling for 6 to 13 weeks)

2 000

neck: strained (disabling for more than 13 weeks)

3 600

neck: strained – seriously disabling (not permanent)

10 200

neck: strained – seriously disabling (permanent)

20 400

scarring: minor disfigurement

3 100

scarring: significant disfigurement

6 100

scarring: serious disfigurement

8 200

paralysis of all 4 limbs (quadriplegia or tetraplegia), paralysis of 1 side of body (hemiplegia), paralysis of the lower limbs (paraplegia), paralysis of 1 lower limb, paralysis of 1 or both upper limbs

40 000

Description of compensable injury

Standard amount of financial assistance

$

Pregnancy

Pregnancy

40 000

Loss of foetus

40 000

Psychological or psychiatric disorder

category 1

7 500 – 15 000

category 2

25 000 – 40 000

Torso

back: fracture of vertebra (full recovery)

5 100

back: fracture of vertebra (continuing disability)

10 200

back: fracture of more than 1 vertebra (full recovery)

8 200

back: fracture of more than 1 vertebra (continuing disability)

15 300

back: prolapsed invertebral disc or discs – seriously disabling (not permanent)

10 200

back: prolapsed invertebral disc or discs – seriously disabling (permanent)

15 300

back: ruptured invertebral disc or discs requiring surgical removal

20 400

back: strained back – disabling for 6 to 13 weeks

2 000

back: strained back – disabling for more than 13 weeks

5 100

back: strained back – seriously disabling (not permanent)

10 200

back: strained back – seriously disabling (permanent)

15 300

burns: minor

3 100

burns: moderate

8 200

burns: severe

20 400

clavicle: fracture of collarbone

4 100

clavicle: fracture of both collarbones

10 200

Description of compensable injury

Standard amount of financial assistance

$

coccyx: fracture of tail bone

5 100

fertility: loss of fertility

40 000

genitalia: injury requiring medical treatment (no permanent damage)

3 600

genitalia: injury requiring medical treatment (permanent damage)

10 200

hernia

7 500

hip: dislocated (full recovery)

3 600

hip: dislocated (with continuing disability)

15 300

hip: fractured

15 300

injury requiring laparotomy

7 500

kidney: loss of kidney

40 000

lung: collapse of lung

7 500

lung: collapse of both lungs

15 300

lung: puncture of lung

6 100

lung: puncture of both lungs

12 200

lung: smoke inhalation in both lungs (permanent and disabling damage)

10 200

pelvis: fracture of pelvis

15 300

rib: fracture of rib

2 000

rib: fracture of 2 or more ribs

3 100

scapula: fracture of shoulder blade

5 100

scapula: fracture of both shoulder blades

12 200

scarring: minor disfigurement

2 600

scarring: significant disfigurement

5 100

scarring: serious disfigurement

10 200

shoulder: dislocated (full recovery)

3 600

shoulder: dislocated (with continuing disability)

10 200

shoulder: frozen

7 500

spleen: loss of spleen

8 200

sternum: fracture of breast bone

5 100

Description of compensable injury

Standard amount of financial assistance

$

Upper limbs

arm: loss of arm

40 000

arm: loss of both arms

40 000

arm: permanently and seriously impaired grip in 1 arm

15 300

arm: permanently and seriously impaired grip in both arms

30 600

burns: minor

3 100

burns: moderate

8 200

burns: severe

20 400

elbow: dislocation or fracture of 1 elbow (full recovery)

6 100

elbow: dislocation or fracture of 1 elbow (with continuing disability)

15 300

elbow: dislocation or fracture of both elbows (full recovery)

15 300

elbow: dislocation or fracture of both elbows (with continuing disability)

20 400

finger: loss of 1 other than index finger

10 200

finger: loss of index finger

15 300

finger: loss of 2 or more fingers

20 400

finger: partial loss of finger (1 joint) other than thumb or index finger

5 100

finger: partial loss of index finger (1 joint)

8 200

1 or more fingers or thumb: dislocated on 1 hand (full recovery)

2 600

1 or more fingers or thumb: dislocated on 1 hand (with continuing disability)

5 100

1 or more fingers or thumbs: dislocated on both hands (full recovery)

6 100

1 or more fingers or thumbs: dislocated on both hands (with continuing disability)

15 300

1 or more fingers or thumb: fractured on 1 hand (full recovery)

3 100

Description of compensable injury

Standard amount of financial assistance

$

1 or more fingers or thumb: fractured on 1 hand (with continuing disability)

1 or more fingers or thumbs: fractured on both hands (full recovery)

8 200

1 or more fingers or thumbs: fractured on both hands (with continuing disability)

15 300

hand: fracture of 1 hand (full recovery)

4 100

hand: fracture of 1 hand (with continuing disability)

10 200

hand: fracture of both hands (full recovery)

7 500

hand: fracture of both hands (with continuing disability)

15 300

hand: loss of 1 hand

40 000

hand: loss of both hands

40 000

humerus: fracture of upper arm bone (full recovery)

6 100

humerus: fracture of upper arm bone (with continuing disability)

10 200

humerus: fracture of both arms (full recovery)

15 300

humerus: fracture of both arms (with continuing disability)

20 400

radius: fracture of smaller forearm bone (full recovery)

6 100

radius: fracture of smaller forearm bone (with continuing disability)

10 200

radius: fracture of both arms (full recovery)

15 300

radius: fracture of both arms (with continuing disability)

20 400

scarring: minor disfigurement

2 600

scarring: significant disfigurement

5 100

scarring: serious disfigurement

8 200

tendons or ligaments: minor damage (full recovery)

2 000

tendons or ligaments: minor damage (with continuing disability)

6 100

tendons or ligaments: moderate damage (full recovery)

4 100

tendons or ligaments: moderate damage (with continuing disability)

10 200

Description of compensable injury

Standard amount of financial assistance

$

tendons or ligaments: severely damaged (full recovery)

6 100

tendons or ligaments: severely damaged (with continuing disability)

15 300

thumb: partial loss (1 joint)

8 200

thumb: loss of thumb

30 600

ulna: fracture of inner forearm bone (full recovery)

6 100

ulna: fractured ulna (with continuing disability)

10 200

ulna: fracture of both arms (full recovery)

15 300

ulna: fracture of both arms (with continuing disability)

20 400

wrist: fracture – colles type (full recovery)

8 200

wrist: fracture – colles type (with continuing disability)

15 300

wrist: fracture – including scaphoid (full recovery)

6 100

wrist: fracture – including scaphoid (with continuing disability)

12 200

wrist: fracture of both – colles type (full recovery)

15 300

wrist: fracture of both – colles type (with continuing disability)

20 400

wrist: fracture of both – including scaphoid fracture (full recovery)

12 200

wrist: fracture of both – including scaphoid fracture (with continuing disability)

20 400

wrist: sprain – disabling for 6 to 13 weeks

2 000

wrist: sprain – disabling for more than 13 weeks

3 100

wrist: sprain of both – disabling for 6 to 13 weeks

4 100

wrist: sprain of both – disabling for more than 13 weeks

6 100

ENDNOTES
  • 1

    KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

  • 2

    LIST OF LEGISLATION

Victims of Crime Assistance Regulations (SL No. 11, 2007)

Notified

2 May 2007

Commenced

1 May 2007 (r 2, s 2 Victims of Crime Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7)

Victims of Crime Assistance Amendment Regulations 2007 (SL No. 36, 2007)

Notified

19 December 2007

Commenced

19 December 2007

Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007)

Assent date

12 December 2007

Commenced

1 July 2008 (Gaz S29, 25 June 2008)

Domestic and Family Violence Act 2007 (Act No. 34, 2007)

Assent date

12 December 2007

Commenced

1 July 2008 (Gaz G25, 25 June 2008, p 4)

Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008)

Assent date

14 November 2008

Commenced

1 July 2008 (s 2)

Victims of Crime Assistance Amendment Regulations 2013 (No. 42, 2013)

Notified

19 December 2013

Commenced

19 December 2013

Local Government Amendment Act 2014 (Act No. 19, 2014)

Assent date

2 June 2014

Commenced

s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2)

Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (Act No. 34, 2014)

Assent date

13 November 2014

Commenced

1 January 2015 (Gaz G51, 24 December 2014, p 7)

Workers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9, 2015)

Assent date

23 April 2015

Commenced

ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015 (Gaz S50, 22 May 2015)

Statute Law Revision Act 2020 (Act No. 26, 2020)

Assent date

19 November 2020

Commenced

20 November 2020 (s 2)

  • 3

    GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 5, 13, 24 and 26.

  • 4

    LIST OF AMENDMENTS

r 4                     amd No. 42, 2013, s 5

r 5 amd Act No. 34, 2007, s 146

r 6                     amd No. 42, 2013, s 5

r 13                    amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 31; Act No. 26, 2020, s 3

r 14                    amd No. 42, 2013, s 5

r 16                    amd No. 36, 2007, r 3, No. 42, 2013, s 5

r 17                    amd No. 45, 2013, s5

r 25                    amd Act No. 34, 2014, s 28

r 26                    amd Act No. 30, 2007, s 59; Act No. 28, 2008, s 4; No. 42, 2013, s 3; Act No. 19, 2014, s 26; Act No. 9, 2015, s 31; Act No. 26, 2020, s 3

pt 9 hdg             ins No. 42, 2013, s 4

r 30                    ins No. 40, 2013, s 4

sch 1                 amd No. 36, 2007, r 4

sch 3                 amd No. 36, 2007, r 5

 
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