Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 (Vic)

Version No. 001

Victims of Crime Assistance (Special Financial Assistance) Regulations 2021

S.R. No. 151/2021

Version as at

5 December 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

6Specified categories of acts of violence

7When category A maximum amount is available for category B, C or D acts of violence

8When category B maximum amount is available for category C or D acts of violence

9When category C maximum amount is available for category D acts of violence

Schedule 1—Categories of acts of violence

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Victims of Crime Assistance (Special Financial Assistance) Regulations 2021

S.R. No. 151/2021

Version as at

5 December 2021

1Objective

The objective of these Regulations is to facilitate the payment of special financial assistance to certain victims of crime.

2Authorising provision

These Regulations are made under section 72 of the Victims of Crime Assistance Act 1996.

3Commencement

These Regulations come into operation on 5 December 2021.

4Revocation

The Victims of Crime Assistance (Special Financial Assistance) Regulations 2011[1] are revoked.

5Definitions

In these Regulations—

Aboriginal person means a person who—

(a)is descended from an Aboriginal person or Torres Strait Islander; and

(b)identifies as an Aboriginal person or Torres Strait Islander; and

(c)is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

elderly means—

(a)in relation to an Aboriginal person, 55 years of age or older; or

(b)in relation to any other person, 65 years of age or older;

HIV means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions;

impaired mental functioning means—

(a)a mental illness within the meaning of the Mental Health Act 2014; or

(b)an intellectual disability within the meaning of the Disability Act 2006; or

(c)an acquired brain injury; or

(d)an autism spectrum disorder; or

(e)a neurological impairment, including but not limited to dementia;

sexual assault has the meaning given by section 40 of the Crimes Act 1958;

sexual penetration has the meaning given by section 35A of the Crimes Act 1958;

the Act means the Victims of Crime Assistance Act 1996;

very serious physical injury means actual physical bodily harm that is permanent or of long-term duration and involves—

(a)loss of a bodily function; or

(b)disfigurement of a part of the body; or

(c)total or partial loss of a part of the body; or

(d)loss of a foetus; or

(e)loss of fertility.

6Specified categories of acts of violence

For the purposes of section 8A(6)(a) of the Act, the acts of violence and classes of acts of violence that are categorised as category A, B, C or D acts of violence are those specified in Schedule 1.

7When category A maximum amount is available for category B, C or D acts of violence

(1)For the purposes of section 8A(6)(b) of the Act, the prescribed higher maximum amount in relation to a category B, C or D act of violence is $10 000 if the circumstances set out in subregulation (2) apply.

(2)For the purposes of section 8A(6)(c) of the Act and subregulation (1), the prescribed circumstances are the circumstances in which, as a direct result of the act of violence, the victim—

(a)has suffered a very serious physical injury; or

(b)has been infected with a life-threatening disease, including HIV; or

(c)is a victim of a series of related criminal acts that are acts of sexual penetration or sexual assault.

8When category B maximum amount is available for category C or D acts of violence

(1)For the purposes of section 8A(6)(b) of the Act, the prescribed higher maximum amount in relation to a category C or D act of violence (other than in the circumstances set out in regulation 7) is $3250 if the circumstances set out in subregulation (2) apply.

(2)For the purposes of section 8A(6)(c) of the Act and subregulation (1), the prescribed circumstances are the circumstances in which—

(a)as a direct result of the act of violence, the victim—

(i)has suffered a serious injury; or

(ii)is a victim of related criminal acts; or

(iii)has suffered a deprivation of their liberty; and

(b)on the date of the act of violence (or the date of any criminal act in the case of related criminal acts), the victim—

(i)was a child under 18 years of age; or

(ii)was elderly; or

(iii)had impaired mental functioning.

9When category C maximum amount is available for category D acts of violence

(1)For the purposes of section 8A(6)(b) of the Act, the prescribed higher maximum amount in relation to a category D act of violence (other than in the circumstances set out in regulation 7 or 8) is $1300 if the circumstances set out in subregulation (2) apply.

(2)For the purposes of section 8A(6)(c) of the Act and subregulation (1), the prescribed circumstances are the circumstances in which—

(a)as a direct result of the act of violence, the victim is a victim of related criminal acts; or

(b)on the date of the act of violence (or the date of any criminal act in the case of related criminal acts), the victim—

(i)was a child under 18 years of age; or

(ii)was elderly; or

(iii)had impaired mental functioning.

Schedule 1—Categories of acts of violence

Regulation 6

1Category A acts of violence

A category A act of violence is any act of violence that is an offence involving—

(a)sexual penetration of a person; or

(b)attempted murder.

2Category B acts of violence

A category B act of violence is any act of violence that is an offence involving—

(a)attempted sexual penetration of a person; or

(b)sexual assault of a person; or

(c)armed robbery; or

(d)aggravated burglary; or

(e)the deprivation of liberty of a person for the purpose of—

(i)sexual penetration; or

(ii)demanding any ransom for their release.

3Category C acts of violence

A category C act of violence is any act of violence that is an offence involving—

(a)an attempt to commit a category B act of violence (other than an act of violence referred to in clause 2(a)); or

(b)a threat of death; or

(c)conduct endangering life; or

(d)conduct inflicting serious injury; or

(e)robbery.

4Category D acts of violence

A category D act of violence is any—

(a)act of violence that is an offence involving—

(i)an attempt to commit a category C act of violence (other than an act of violence referred to clause 3(a)); or

(ii)a threat of injury; or

(iii)an assault against a person; or

(iv)an attempted assault; or

(v)the deprivation of the liberty of a person (other than for a purpose referred to in clause 2(e)); or

(b)act of violence not otherwise specified as a category A, B, C or D act of violence.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Victims of Crime Assistance (Special Financial Assistance) Regulations 2021, S.R. No. 151/2021 were made on 30 November 2021 by the Governor in Council under section 72 of the Victims of Crime Assistance Act 1996, No. 81/1996 and came into operation on 5 December 2021: regulation 3.

The Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (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

There are no amendments made to the Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 145/2011.