Victims of Crime Assistance Rules 2010 (Vic)
Version No. 004
Victims of Crime Assistance Rules 2010
S.R. No. 84/2010
Version incorporating amendments as at
20 May 2016
TABLE OF PROVISIONS
Rule Page
Order 1—Preliminary
1Objects
2Authorising provisions
3Commencement
4Revocation
5Definitions
Order 2—Applications
6Applications for assistance—Form 1
7Lodgement of applications for assistance
8Application for review of a decision of a judicial registrar—Form 2
9Lodgement of application for review of a decision of a judicial registrar
10Application may be lodged by fax
11When application made
Order 3—Judicial Registrars
12Powers of judicial registrar
13Review of a decision of a judicial registrar by Tribunal
14Stay
Order 4—General
15Venues of the Tribunal
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Forms
Form 1—Application for assistance
Form 2—Application for review of a decision of a judicial registrar
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
Victims of Crime Assistance Rules 2010
S.R. No. 84/2010
Version incorporating amendments as at
20 May 2016
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
ORDER 1—PRELIMINARY
1Objects
The objects of these Rules are—
(a)to provide for procedure in the Victims of Crime Assistance Tribunal for the purposes of facilitating applications to the Victims of Crime Assistance Tribunal under the Victims of Crime Assistance Act 1996; and
(b)to provide for powers of judicial registrars in the Victims of Crime Assistance Tribunal and for the review of decisions made by judicial registrars.
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 1 September 2010.
4Revocation
The Victims of Crime Assistance (Procedure) Rules 2007[1] are revoked.
5Definitions
In these Rules—
application for assistance means an application under section 26 of the Act;
application for review of a decision of a judicial registrar means an application under section 59A of the Act;
the Act means the Victims of Crime Assistance Act 1996.
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ORDER 2—APPLICATIONS
6Applications for assistance—Form 1
For the purposes of section 26 of the Act, the prescribed form of application is in Form 1.
7Lodgement of applications for assistance
(1)Unless subrule (2) applies, an application for assistance to the Tribunal must be lodged with or posted to a registrar of the Tribunal—
(a)at the venue of the Tribunal nominated by the Chief Magistrate; or
(b)in the absence of any nomination by the Chief Magistrate—
(i)at the venue of the Tribunal that is closest to the applicant's place of residence; or
(ii)if there is more than one applicant in relation to an act of violence and the applicants are not close family members, at the venue of the Tribunal that is closest to the place where the act of violence occurred.
(1A)For the purposes of subrule (1)(a), the Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Tribunal as the venue at which an application must be lodged with or posted to, whether generally or for a particular class of application.
(2)An application for assistance made to the Tribunal must be lodged with or posted to the registrar of the Tribunal at Melbourne if—
(a)the applicant resides outside the State; or
(b)the applicant is a related victim; or
(c)the applicant is—
(i)a primary victim; or
(ii)a secondary victim; and—
is aware of the existence of a related victim with respect to the act of violence that is the subject of the application.
(3)Despite subrules (1) and (2), a registrar of the Tribunal may accept an application for assistance lodged with or posted to a registrar of the Tribunal at a venue of the Tribunal other than a venue determined in accordance with those subrules.
8Application for review of a decision of a judicial registrar—Form 2
(1)An application under section 59A of the Act for the review of a final decision of the Tribunal made by a judicial registrar must be in Form 2.
(2)An application for review of a decision of a judicial registrar must be accompanied by an affidavit that sets out the reasons for the application.
(3)The application for review of a decision of a judicial registrar and the accompanying affidavit must be lodged within 14 days after the day on which the final decision of the judicial registrar was made.
(4)The Tribunal may extend time for lodging under subrule (3) before or after the time expires, whether or not an application for review of a decision of a judicial registrar is made before that time expires.
9Lodgement of application for review of a decision of a judicial registrar
(1)An application for review of a decision of a judicial registrar must be lodged with or posted to a registrar of the Tribunal at the venue of the Tribunal where the decision of the judicial registrar was made.
(2)Despite subrule (1), a registrar of the Tribunal may accept an application for review of a decision of a judicial registrar 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 subrule.
10Application may be lodged by fax
(1)An application to which this Order applies may be lodged with a registrar of the Tribunal by fax in accordance with this Rule.
(2)An application lodged by fax must include a cover page stating—
(a)the name, address and telephone number of the sender;
(b)the date and time of transmission;
(c)the total number of pages sent, including the cover sheet;
(d)the telephone number from which the application is sent;
(e)the name and telephone number of a person to contact in the event of any problem in faxing the application;
(f)that the fax is by way of lodgement under Rule 10(1).
(3)A copy of an application lodged by fax must be lodged with the registrar of the Tribunal within 14 days after the fax was sent.
(4)Unless a copy of the application is lodged in accordance with subrule (1), the application must be taken to have been struck out.
11When application made
(1)An application to which this Order applies is made when it is received by the registrar of the Tribunal in accordance with Rule 7, 9 or 10.
(2)On receipt of an application, the registrar must note the date of receipt of such application on the application.
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ORDER 3—JUDICIAL REGISTRARS
12Powers of judicial registrar
A judicial registrar—
(a)may exercise any power delegated to that judicial registrar by instrument under section 24(3) of the Act; and
(b)has all the powers of the Tribunal necessary to exercise those delegated powers.
13Review of a decision of a judicial registrar by Tribunal
(1)An application for review of a decision of a judicial registrar 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.
14Stay
Unless the Tribunal otherwise orders, the lodging of an application for review of a decision of a judicial registrar does not operate as a stay of any final decision made by a judicial registrar as delegate of the Tribunal.
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ORDER 4—GENERAL
15Venues of the Tribunal
Each venue of the Magistrates' Court is a venue of the Tribunal.
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FORMS
FORM 1
Rule 6
APPLICATION FOR ASSISTANCE
(Victims of Crime Assistance Rules 2010)
Victims of Crime Assistance Tribunal
Ref. No.
| DETAILS OF PERSON WANTING ASSISTANCE Surname Given names Address Postcode Telephone (H) (W) (M) Occupation Date of birth Sex Male o Female o *Are you of Aboriginal or Torres Strait Islander origin? person of Aboriginal or Torres Strait Islander origin means a person who is descended from an Aboriginal or Torres Strait Islander and is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Islander community. [Persons of both Aboriginal and Torres Strait Islander origin should mark both "Yes" boxes] No o Yes, Aboriginal o NOTE: This information will enable the Tribunal to provide you with information to assist your application. Have you previously made an application for assistance or compensation under this Act? Yes o No o Have you previously made an application in respect of this act of violence? Yes o No o |
| Please nominate which category applies to you— 1. Primary victim o 2. Secondary victim o 3. Related victim o 4. Application for payment of funeral expenses o PLEASE NOTE YOU CAN ONLY APPLY IN ONE CATEGORY |
| PLEASE COMPLETE THIS SECTION IF YOU ARE MAKING THIS CLAIM ON BEHALF OF A CHILD OR PERSON UNDER DISABILITY Your full name Address Postcode Telephone Date of birth Relationship to applicant |
| CIRCUMSTANCES OF THE ACT OF VIOLENCE What was the act of violence/offence? Where did the act of violence occur? Date of act of violence Time am o pm o Who committed the act of violence? Sex of alleged offender Male o Female o * Was the alleged offender a family member or domestic partner of the victim? Yes o No o If yes, how are you related to the offender? I am the offender's [e.g.: wife, son, father, step-sister, former domestic partner] NOTE: This information is for data collection purposes only. |
| If more than 2 years have lapsed since the act of violence please outline your reasons for not filing an application within this time: |
| REPORTING DETAILS Has the act of violence been reported to the Police? Yes o No o If yes, please provide the officer's details: Name Registered number Rank Police station Date of report If the act of violence was not reported, you must provide a statutory declaration setting out the circumstances of the act of violence and provide the reason for the failure to report the matter to police. Have criminal proceedings commenced? Yes o No o Unknown o If known, provide any details known to you [i.e. date and location of hearing] Are there intervention orders relating to this matter? Yes o No o Case Number (if known) If the incident occurred in the workplace was it reported to your employer? Yes o No o Has the act of violence been reported elsewhere? Yes o No o If yes, please provide details: |
WHAT EFFECTS HAVE RESULTED FROM THE ACT OF VIOLENCE? Physical Yes o No o Psychological Yes o No o Grief, distress or trauma Yes o No o Provide details: Did you attend a public hospital? Yes o No o If yes, what hospital? |
| DETERMINATION OF YOUR APPLICATION Would you prefer to: Do you request that: Do you require an interpreter? Yes o No o If yes, specify a language. If the Tribunal makes an award would you like it deposited into your bank account? Yes o No o |
| HAVE YOU APPLIED FOR ASSISTANCE UNDER ANY OTHER SCHEMES? | ||||
|
|
|
| Reference or claim number | |
| o WorkCover | o | o | $ | |
| o Transport Accident Commission | o | o | $ | |
| o Insurance | o | o | $ | |
| o Other (please specify) | o | o | $ | |
| Please provide details of a claim under any of these schemes. | ||||
| Please supply and attach details of any relevant insurance cover [life or health] or superannuation benefit entitlements held and any payments received or to be received— by the applicant by the deceased | ||||
| TYPE OF ASSISTANCE SOUGHT Primary victim o Safety-related expenses Secondary victim Related victim o Funeral expenses only | ||||
| *Evidence of exceptional circumstances may be required. | ||||
| IF DEATH WAS CAUSED BY THE ACT OF VIOLENCE Full name of deceased Last known address Postcode Date of birth Relationship to the deceased Date and place of death NOTE: YOU MUST ALSO COMPLETE THE RELATED VICTIMS PART OF THIS FORM |
| THIS SECTION IS TO BE COMPLETED BY RELATED VICTIM APPLICANTS As a related victim you are required to list— (a) every other person whom you believe may be a related victim; and (b) every other person whom you believe may allege that he or she is a related victim; and (c) any person whom you believe may apply because they have incurred funeral expenses as a result of the death of the primary victim. |
| Name of potential victim Age of potential victim if under 18 years of age Guardian of potential victim (if applicable)* Address of potential victim* Relationship of potential victim to the deceased *If the potential victim is under 18 years of age, provide the name and address of parent, guardian or administrator. [Attach a separate sheet if required] |
| AUTHORISATION OF APPLICANT I authorise the Victims of Crime Assistance Tribunal to obtain any additional evidence or documentation that the Tribunal considers necessary to enable it to determine my application. Signature of applicant* *Not required if application lodged online. |
ACKNOWLEDGMENT I understand and acknowledge that: · To the best of my knowledge, all information provided in this application is true and correct and that no details relevant to the application have been left out. · It is an offence under section 67 of the Victims of Crime Assistance Act 1996 to knowingly give false or misleading information to the Victims of Crime Assistance Tribunal. |
o By ticking this checkbox I confirm that I have read and understood all the statements above. Full name of person completing this application Signature* *Not required if application lodged online. Date |
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FORM 2
Rule 8
APPLICATION FOR REVIEW OF A DECISION OF A JUDICIAL REGISTRAR
(Victims of Crime Assistance Rules 2010)
Victims of Crime Assistance Tribunal
| DETAILS OF PERSON SEEKING REVIEW Surname Given names Address Postcode Telephone (H) (W) |
| 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 judicial registrar reviewed: Date of decision: Tribunal venue where decision made: Tribunal reference No.: NOTE: An applicant must file an affidavit with his or her application setting out the reasons for seeking a review of a final decision of a judicial registrar. |
| MATERIAL IN SUPPORT OF REVIEW APPLICATION Do you wish to file any additional material in support of your review application: o Yes 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 Do you request that: o Proceedings be conducted in a closed Court? 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 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: 30 August 2010
DANIEL J. MULING,
Acting Chief MagistratePETER LAURITSEN,
Deputy Chief MagistrateLANCE I. MARTIN,
Deputy Chief Magistrate
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Victims of Crime Assistance Rules 2010, S.R. No. 84/2010 were made on 30 August 2010 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 57 of the Victims of Crime Assistance Act 1996, No. 81/1996 and came into operation on 1 September 2010: rule 3.
The Victims of Crime Assistance Rules 2010 will sunset 10 years after the day of making on 30 August 2020 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victims of Crime Assistance Rules 2010 by statutory rules, subordinate instruments and Acts.
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Victims of Crime Assistance Amendment No. 1 Rules 2014, S.R. No. 13/2014
Date of Making: 8.4.14 Date of Commencement: 14.4.14: rule 3
Victims of Crime Assistance Amendment Rules 2016, S.R. No. 46/2016
Date of Making: 19.5.16 Date of Commencement: 20.5.16: rule 3
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Rule 4: S.R. No. 43/2007.
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