Victims of Crime Commissioner Regulations 2020 (Vic)

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Version No. 002

Victims of Crime Commissioner Regulations 2020

S.R. No. 66/2020

Version incorporating amendments as at


18 November 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Definition

4Prescribed agencies

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 002

Victims of Crime Commissioner Regulations 2020

S.R. No. 66/2020

Version incorporating amendments as at


18 November 2024

1Objective

The objective of these Regulations is to prescribe certain agencies for the purposes of section 28(1A) of the Victims of Crime Commissioner Act 2015.

2Authorising provision

These Regulations are made under section 47 of the Victims of Crime Commissioner Act 2015.

3Definition

In these Regulations—

State contract means a contract entered into for or on behalf of the State and includes a subcontract made under the contract.

4Prescribed agencies

For the purposes of section 28(1A) of the Victims of Crime Commissioner Act 2015, the prescribed agencies are the following—

(a)Victoria Police within the meaning of the Victoria Police Act 2013;

(b)the Office of Public Prosecutions continued under section 39 of the Public Prosecutions Act 1994;

(c)Victoria Legal Aid established under section 3 of the Legal Aid Act 1978, to the extent that Victoria Legal Aid performs functions relating to the provision of services to victims of crime;

(d)a Community Legal Service within the meaning of the Legal Profession Uniform Law Application Act 2014 that is certified and accredited under the National Accreditation Scheme for Community Legal Centres, to the extent that the Community Legal Service performs functions relating to the provision of services to victims of crime;

(da)the scheme decision maker within the meaning of the Victims of Crime (Financial Assistance Scheme) Act 2022;

(e)the Secretary, to the extent that the Secretary manages or delivers services or programs for victims of crime;

(f)a person or body that receives funding under a State contract to provide specialist victims of crime services, to the extent that the person or body performs functions relating to the provision of services to victims of crime;

(g)a person or body that receives funding under a State contract to provide specialist family violence services, to the extent that the person or body performs functions relating to the provision of services to victims of crime;

(h)a person or body that receives funding under a State contract to provide services to victim survivors of sexual assault, to the extent that the person or body performs functions relating to the provision of services to victims of crime;

(i)an authorised Hub entity within the meaning of section 144SB of the Family Violence Protection Act 2008, to the extent that the authorised Hub entity performs functions relating to the provision of services to victims of crime;

(j)the Victorian WorkCover Authority continued in existence by section 491(1) of the Workplace Injury Rehabilitation and Compensation Act 2013, to the extent that the Victorian WorkCover Authority performs functions relating to the provision of services to victims of crime.

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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 Commissioner Regulations 2020, S.R. No. 66/2020 were made on 30 June 2020 by the Governor in Council under section 47 of the Victims of Crime Commissioner Act 2015, No. 56/2015 and came into operation on 30 June 2020.

The Victims of Crime Commissioner Regulations 2020 will sunset 10 years after the day of making on 30 June 2030 (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 Commissioner Regulations 2020 by statutory rules, subordinate instruments and Acts.

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Victims of Crime Commissioner Amendment Regulations 2024, S.R. No. 128/2024

Date of Making: 12.11.24
Date of Commencement: 18.11.24: reg. 3

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3   Explanatory details

No entries at date of publication.

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