Victims of Crime (Financial Assistance) Act 1983 (ACT)

Victims of Crime (Financial Assistance) Act 1983 (repealed)   

A1983-11

Republication No 42

Effective:  1 July 2016

Republication date: 1 July 2016

As repealed by A2016‑12 s 102

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Victims of Crime (Financial Assistance) Act 1983 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2016.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Victims of Crime (Financial Assistance) Act 1983 (repealed)

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

2A          Notes  2

3            What is a violent crime?  2

4            What is a criminal injury?  4

5            References to applications and awards made on behalf of other people     5

6            References to convictions—finding of proof without proceeding to conviction   5

7           Evidence of criminal conduct  6

8            Legal incapacity—criminal intent  6

Part 2      Eligibility for financial assistance

Division 2.1                  Financial assistance for primary victims and responsible people

9            Who is a primary victim?  7

10          Financial assistance for primary victims and responsible people            7

11          What is an extremely serious injury?  9

12          No financial assistance for primary victims or responsible people          10

13          Exhaustion of workers compensation remedies  11

14          Maximum award—primary victims and responsible people                 11

15          Victims services scheme—primary victims  12

Division 2.2                  Financial assistance for related victims

16          Who is a related victim?  12

17          Financial assistance for related victims  13

18          No financial assistance for related victims  14

19          Maximum award—related victims  15

20          Victims services scheme—related victims  15

Division 2.3                  Financial assistance for eligible property owners

21          Who is an eligible property owner?  15

22          Financial assistance for eligible property owners  16

23          Maximum award—eligible property owners  16

24          No financial assistance for eligible property owners  16

25          Victims services scheme—eligible property owners  16

Part 3      Award of financial assistance

Division 3.1                  Procedure

26          Jurisdiction of Magistrates Court  17

27          Application for financial assistance  17

28          Proceedings on applications  18

29          Civil standard of proof  19

30          Medical examinations  19

Division 3.2                  General criteria

31          Relevant considerations  19

32          Expenses—victims services scheme  20

33          Dismissal of application—set-offs exceeding entitlements                   20

Division 3.3                  Set-offs—primary victims, responsible people and eligible property owners

34          Application of div 3.3—primary victims, responsible people and eligible property owners        21

35          Set-offs—other entitlements of primary victims, responsible people and eligible property owners  21

36          Set-offs—special assistance for primary victims  22

37          Set-offs—intoxication of primary victims  23

38          Set-offs—minor crimes by primary victims and eligible property owners    24

Division 3.4                  Set-offs—related victims

39          Application of div 3.4—related victims  24

40          Set-offs—other entitlements of related victims  24

41          Set-offs—special assistance for related victims  25

Division 3.5                  Miscellaneous

42          Adjournment of proceedings pending ascertainment of set-off amounts    26

43          Interim awards  26

44          Conditions of awards of financial assistance  27

45          Restriction on publication  28

46          Variation of final awards of financial assistance  29

47          Legal fees  29

48          Territory liability to pay financial assistance  29

49          Copies of awards and arrangements for payment  30

50          Prohibition on financial assistance being applied to other purposes by operation of law or in the course of civil proceedings  30

51          Other rights not affected  30

Part 4      Recovery of financial assistance

Division 4.1                  Preliminary

52          Definitions—pt 4  31

Division 4.2                  Recovery from assisted people

53          Repayment of financial assistance if civil damages recovered              32

Division 4.3                  Recovery from offenders

54          Provisional order for restitution  33

55          Notice of objection by defendant  34

56          Confirmation of provisional order—no recovery proceedings               34

57          Confirmation of provisional order—recovery proceedings in Magistrates Court 35

58          Arrangements for payment under order for restitution  36

59          Confirmed order for restitution  36

60          Effect of appeals against award of financial assistance, and variations of awards       37

61          Appeals to Supreme Court  38

61A           Order for restitution—judgment debt  38

61B           Recovery under restitution orders—Confiscation of Criminal Assets Act   38

62          Effect of order for restitution on civil proceedings  39

63          Access to information about defendant’s whereabouts  39

Division 4.4                  Reimbursement of offenders

64          Reimbursement of offender if amounts paid under div 4.2 and div 4.3    40

Part 5      Compensation levy

65          Meaning of levy—pt 5  41

66          Application—pt 5  41

67          Extended meaning of convicted—pt 5  41

68          Imposition of levy  42

69          Exemptions  42

70          Effect of appeal etc  43

Part 6      Miscellaneous

73          Approved forms  44

73A           Regulation-making power  44

Dictionary45

Endnotes

1            About the endnotes  50

2            Abbreviation key  50

3            Legislation history  51

4            Amendment history  59

5            Earlier republications  72

Victims of Crime (Financial Assistance) Act 1983 (repealed)

An Act relating to financial assistance for victims of crime and certain other people

Part 1Preliminary

1. Name of Act

   This Act is the Victims of Crime (Financial Assistance) Act 1983.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘criminal injury—see section 4.’ means that the term ‘criminal injury’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

2ANotes

A note included in this Act is explanatory and is not part of this Act.

NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

1. What is a violent crime?

   Each of the following is a violent crime:

   (a)an offence against a section of the Crimes Act 1900 mentioned in table 3, column 2;

   (b)an offence against the Criminal Code, section 309 (Robbery) or section 310 (Aggravated robbery);

   (c)an offence against any other law prescribed by regulation.

   NoteA reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) that relates to the ACT law (see Legislation Act, s 189).

   Table 3Violent crimes—Crimes Act

column 1 item	column 2 section	column 3 description
1	12	murder
2	15	manslaughter
3	19, 20, 25, 31	grievous bodily harm offences
4	21	wounding
5	22, 26	assault offences
6	23, 24	actual bodily harm offences
7	27	endangering life
8	28	endangering health
9	29	culpable driving
10	30	threat to kill
11	32	demands with threats
12	34	forcible confinement
13	35	stalking
14	36	torture
15	37	abduction of young person
16	38	kidnapping
17	40	unlawfully taking child
18	41	exposing or abandoning child
19	42	child destruction
20	43	childbirth—grievous bodily harm
21	51, 52, 53	sexual assault offences
22	54	sexual intercourse without consent
23	55	sexual intercourse with young person
24	56	sexual relationship with young person
25	57 to 61	indecency offences
26	62	incest
27	63	abduction
28	74, 75	female genital mutilation offences
29	79	sexual servitude offences

1. What is a criminal injury?

   (1)A criminal injury is an injury—

   (a)because of which the person who has sustained the injury is a primary victim; and

   (b)sustained in the ACT; and

   (c)sustained after 30 June 1983.

   (2)For this Act, if a primary victim sustains 2 or more criminal injuries, they must be taken to be a single criminal injury if—

   (a)the injuries were sustained at approximately the same time; or

   (b)the injuries resulted from the criminal conduct of each of 2 or more people acting together; or

   (c)the injuries otherwise arose out of the same circumstances.

2. References to applications and awards made on behalf of other people

   (1)This section applies if—

   (a)an application is made by a person on behalf of another person; or

   (b)an amount of financial assistance is awarded, or is to be awarded, for the benefit of a person on such an application.

   (2)If this section applies, in this Act—

   (a)a reference to an applicant is a reference to the person on whose behalf the application is made; and

   (b)a reference to an application by a person is a reference to the application made on behalf of that person by another person; and

   (c)a reference to an amount of financial assistance awarded (or to be awarded) to a person is a reference to the amount of financial assistance awarded (or to be awarded) for the benefit of that person.

3. References to convictions—finding of proof without proceeding to conviction

   (1)This section applies if—

   (a)a person has been charged before a court with an offence against another law; and

   (b)the court has found the offence to be proved; and

   (c)the court did not proceed to a conviction for that offence.

   (2)In this Act—

   (a)a reference to a person who has been convicted of an offence against another law includes a reference to a person to whom this section applies in relation to the offence; and

   (b)a reference to a conviction for an offence against another law includes a reference to a finding by the court to which this section applies.

4. Evidence of criminal conduct

   (1)This section applies if a person has been convicted of an offence and—

   (a)no appeal against the conviction has been instituted; or

   (b)an appeal against the conviction has been decided without setting aside the conviction.

   (2)For the purpose of proceedings on an application, a conviction of a person to which this section applies is taken to be conclusive evidence that the person did every act, and made every omission, that constituted or was an element of the offence of which the person was convicted.

5. Legal incapacity—criminal intent

   For this Act, a person is taken to have intended an act or omission that, if done or made with intent, would have constituted criminal conduct even if he or she was legally incapable of forming that intent (whether because of age, mental condition, intoxication or otherwise).

Part 2Eligibility for financial assistance

Division 2.1               Financial assistance for primary victims and responsible people

1. Who is a primary victim?

   A primary victim is a person who is injured as a direct result of—

   (a)a violent crime committed against him or her; or

   (b)assisting a police officer in the course of any of the following actions by the police officer:

   (i)an attempt to prevent the commission of an act or omission that the police officer believes on reasonable grounds would constitute an offence;

   (ii)an attempt to arrest another person whom the police officer believes on reasonable grounds to have committed an offence;

   (iii)an attempt to aid or rescue another person against whom the police officer believes on reasonable grounds an offence has been committed.

2. Financial assistance for primary victims and responsible people

   (1)On an application by a primary victim who has sustained a criminal injury, the Magistrates Court may, by order, award financial assistance to the victim in an amount equal to the sum of the following amounts:

   (a)the expense reasonably incurred by or on behalf of the victim as a consequence of the injury;

   (b)the pecuniary loss suffered by the victim as a consequence of total or partial incapacity for work because of the injury;

   (c)the expense incurred in making the application for financial assistance, other than by way of fees paid to a lawyer;

   (d)unless paragraph (e) or (f) applies, special assistance in an amount of $30 000;

   (e)if the victim is a police officer, ambulance officer or firefighter, and the criminal injury was sustained in the course of the exercise of his or her functions as a police officer, ambulance officer or firefighter—special assistance by way of reasonable compensation for pain and suffering in an amount of no more than $50 000;

   (f)if the criminal injury was sustained as a result of a violent crime consisting of an offence against the Crimes Act 1900, sections 51 to 62 (in part 3 ‘Sexual offences’)—special assistance by way of reasonable compensation for pain and suffering in an amount of no more than $50 000.

   (2)Special assistance for a primary victim may only be awarded by the Magistrates Court under subsection (1) (d) if—

   (a)the criminal injury is an extremely serious injury; and

   (b)the victim has obtained the assistance from the victims services scheme that is reasonably available, unless the person is physically incapable of benefiting from the scheme.

   (3)On an application by a person responsible for the maintenance of a primary victim who has sustained a criminal injury, the Magistrates Court may, by order, award financial assistance to the applicant in an amount equal to the sum of the following amounts:

   (a)the expense reasonably incurred by the person as a consequence of the injury;

   (b)the pecuniary loss suffered by the person as a consequence of the injury, to the extent only that the loss is a result of the person’s inability to work.

   (4)An applicant under this section in relation to a criminal injury must serve a copy of the application on each other person whom the applicant believes to be entitled to financial assistance under this section in relation to that injury.

   (5)In this section:

   ambulance officer means a member of the ambulance service.

   firefighter means—

   (a)the chief officer (fire and rescue); or

   (b)any other member of fire and rescue; or

   (c)the chief officer (rural fire service); or

   (d)any other member of the rural fire service; or

   (e)a member of an interstate or overseas emergency service (within the meaning of the Emergencies Act 2004) assisting at or immediately after a fire in the ACT.

3. What is an extremely serious injury?

   (1)An extremely serious injury is a criminal injury that results in any of the following consequences:

   (a)a permanent impairment of a bodily function that is extremely serious and will remain so permanently;

   (b)a permanent loss of a bodily function that is extremely serious and will remain so permanently;

   (c)a permanent disfigurement that is extremely serious and will remain so permanently;

   (d)a permanent mental or behavioural disturbance or disorder that is extremely serious and will remain so permanently;

   (e)the loss of a foetus.

   (2)An impairment, loss, disfigurement, disturbance or disorder is only to be taken to be extremely serious if—

   (a)it results in a great and permanent reduction in the injured person’s quality of life; and

   (b)it is otherwise extremely serious.

   (3)An impairment, loss, disfigurement, disturbance or disorder is not to be taken to be extremely serious, if the injured person were to undergo suitable medical or other treatment at any time—

   (a)it would cease to be extremely serious because of an alleviation of the reduction in the injured person’s quality of life occasioned by the injury; or

   (b)it would otherwise cease to be extremely serious.

4. No financial assistance for primary victims or responsible people

   (1)The Magistrates Court must not award financial assistance to a primary victim or a person responsible for the maintenance of a primary victim—

   (a)if the criminal injury arose out of the use of a motor vehicle, other than in the commission of an offence against the Crimes Act 1900, section 29 (Culpable driving of motor vehicle); or

   NoteCulpable driving is a violent crime (see s 3 (a)).

   (b)if the amount of the assistance that would be awarded but for this subsection is less than $100; or

   (c)if the primary victim is such a victim because of the commission of a violent crime against him or her—unless a report of the violent crime is made to a police officer.

   (2)The Magistrates Court must not award financial assistance to a primary victim if, at the time the criminal injury was sustained, the primary victim was engaged in the commission of a serious crime.

1. Exhaustion of workers compensation remedies

   (1)If a criminal injury arises out of or in the course of the primary victim’s employment, the victim may not apply for financial assistance until—

   (a)an application has been made by the victim, or on the victim’s behalf, for workers compensation under the applicable workers compensation law; and

   (b)either workers compensation is awarded to the victim, or workers compensation is refused following any applicable arbitration procedure under that workers compensation law.

   (2)In this section:

   workers compensation law means the Workers Compensation Act 1951, or any other law applying in the ACT that provides for the payment of compensation for injuries arising out of or in the course of employment.

   NoteUnder this Act, s 35 and s 36 if a primary victim has received, or is entitled to receive, an amount of workers compensation in relation to his or her criminal injury, any amount of financial assistance the primary victim might otherwise be awarded under this Act is reduced by that amount.  Under this Act, s 33 if the amount of workers compensation exceeds the amount of financial assistance that would otherwise be awarded, no financial assistance is payable under this Act.

2. Maximum award—primary victims and responsible people

   The maximum aggregate financial assistance that may be awarded under this division in relation to a criminal injury is $50 000 (including any award of special assistance and any award to a person responsible for the maintenance of the primary victim).

3. Victims services scheme—primary victims

   A primary victim is eligible for assistance under the victims services scheme, subject to the Victims of Crime Act 1994.

   Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Division 2.2               Financial assistance for related victims

1. Who is a related victim?

   (1)A related victim in relation to a deceased primary victim is a person who, at the time of the primary victim’s death, had any of the following relationships with him or her:

   (a)the person was a close family member in relation to the primary victim;

   (b)the person was a dependant of the primary victim;

   (c)the person had an intimate personal relationship with the primary victim.

   (2)In this section:

   close family member, in relation to a deceased primary victim, means a person who had a genuine personal relationship with the victim at the time of the victim’s death, and who was, at that time—

   (a)the domestic partner of the victim; or

   NoteFor the meaning of domestic partner, see the Legislation Act, s 169.

   (b)a parent, guardian or step-parent of the victim; or

   (c)a child or stepchild of the victim, or some other child of whom the victim is the guardian; or

   (d)a brother, sister, stepbrother, stepsister, half-brother or half‑sister of the victim.

   dependant, in relation to a deceased primary victim, means—

   (a)a person who was wholly or partly dependent for economic support on the victim at the time of the victim’s death; or

   (b)a person who would have been wholly or partly dependent for economic support on the victim’s income at the time of the victim’s death but for the incapacity of the victim because of the criminal injury that resulted in the victim’s death; or

   (c)a child of the victim born after the victim’s death who would have been a dependant of the victim under paragraph (a) or (b) if he or she had been born before the victim’s death.

   guardian does not include the director-general responsible for administering the Children and Young People Act 2008 or any other person who is a guardian because of the person’s occupation of a statutory office, whether within the ACT or elsewhere.

2. Financial assistance for related victims

   (1)If a primary victim dies as a result of sustaining a criminal injury, the Magistrates Court may, on a single or joint application by a related victim or related victims in relation to the primary victim, by order, award financial assistance to each related victim in an amount equal to the sum of the following amounts:

   (a)the expense reasonably incurred by or on behalf of the related victim as a consequence of the primary victim’s criminal injury and death;

   (b)the pecuniary loss suffered by or on behalf of the related victim as a consequence of the primary victim’s criminal injury and death;

   (c)the expense incurred in making the application for financial assistance, other than by way of fees paid to a lawyer;

   (d)special assistance in an amount calculated in accordance with section 19 (2).

   (2)A related victim applying for financial assistance in relation to the death of a primary victim must serve a copy of the application on each other person whom the applicant believes to be another related victim in relation to the deceased primary victim.

3. No financial assistance for related victims

   (1)The Magistrates Court must not award financial assistance to any related victim—

   (a)if the criminal injury arose out of the use of a motor vehicle, other than in the commission of an offence against the Crimes Act 1900, section 29 (Culpable driving of motor vehicle); or

   NoteCulpable driving is a violent crime (see s 3 (a)).

   (b)if the amount of the assistance that would be awarded but for this subsection is less than $100; or

   (c)if, at the time the criminal injury was sustained, the primary victim was engaged in the commission of a serious crime; or

   (d)if the primary victim was such a victim because of the commission of a violent crime against him or her—unless a report of the violent crime is made to a police officer.

   (2)The Magistrates Court must not award financial assistance to a particular related victim if criminal conduct by that related victim contributed substantially towards the criminal injury that resulted in the death of the primary victim.

4. Maximum award—related victims

   (1)The maximum aggregate financial assistance that may be awarded under this division in relation to the death of a primary victim is $50 000.

   (2)The amount of special assistance to be awarded to each related victim as part of an award under this division must be—

   (a)if financial assistance is awarded to only 1 related victim—$30 000; or

   (b)if financial assistance is awarded to 2 or more related victims—the proportion of $30 000 that the Magistrates Court considers appropriate, such that the total amount of special assistance awarded is $30 000.

5. Victims services scheme—related victims

   A related victim is eligible for assistance under the victims services scheme, subject to the Victims of Crime Act 1994.

   Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Division 2.3               Financial assistance for eligible property owners

1. Who is an eligible property owner?

   An eligible property owner is a person whose property is damaged while the person was assisting a police officer in course of any of the following actions by the police officer:

   (a)an attempt to prevent the commission of an act or omission that the police officer believes on reasonable grounds would constitute an offence;

   (b)an attempt to arrest another person whom the police officer believes on reasonable grounds to have committed an offence;

   (c)an attempt to aid or rescue another person against whom the police officer believes on reasonable grounds an offence has been committed.

2. Financial assistance for eligible property owners

   The Magistrates Court may, by order, award financial assistance to an eligible property owner in relation to reasonable costs incurred by the property owner as a result of the eligible property damage.

3. Maximum award—eligible property owners

   The maximum aggregate financial assistance that may be awarded under this division in relation to any eligible property damage is $50 000.

4. No financial assistance for eligible property owners

   The Magistrates Court must not award financial assistance to an eligible property owner if, at the time the eligible property damage occurred, the eligible property owner was engaged in the commission of a serious crime.

5. Victims services scheme—eligible property owners

   An eligible property owner is eligible for assistance under the victims services scheme, subject to the Victims of Crime Act 1994.

   Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 3Award of financial assistance

Division 3.1               Procedure

1. Jurisdiction of Magistrates Court

   The Magistrates Court has jurisdiction to decide an application for financial assistance under this Act.

2. Application for financial assistance

   (1)An application must—

   (a)be in writing, supported by a statutory declaration; and

   NoteThe Statutory Declarations Act 1959 (Cwlth) applies to the making of statutory declarations under ACT laws.

   (b)be accompanied by a copy of—

   (i)any relevant medical report; and

   (ii)any relevant statement made to a police officer; and

   (iii)any document showing the receipt of an amount payable under another law in relation to the relevant injury or property damage, or that is relevant to a claim for such a payment; and

   (iv)any document showing the receipt of any damages for the relevant injury or property damage, or that is relevant to a claim for such damages; and

   (v)if special assistance is applied for by a primary victim—a brief statement of any assistance obtained from the victims services scheme, certified as accurate by the commissioner under the Victims of Crime Act 1994, or, if the victim is physically incapable of benefiting from the scheme, a statement explaining why the victim is so incapable.

   NoteIf a form is approved under s 73 (Approved forms) for an application, the form must be used.

   (2)An application, together with the required statutory declaration and each accompanying document, must be filed in the Magistrates Court within 12 months after the day when the relevant injury or property damage was sustained.

   (3)The Magistrates Court may, on application made at any time (whether before or after the end of the period mentioned in subsection (2)), extend the time for the filing of an application if the court considers it just to do so.

   (4)Within 14 days after an application is filed, the registrar must—

   (a)forward a copy of the application, statutory declaration and each accompanying document to the government solicitor; and

   (b)by written notice to the person for whom financial assistance is sought (or to the person making the application, if that is a different person) and to the government solicitor, fix a date, time and place for deciding the application.

3. Proceedings on applications

   (1)The Territory has a right of appearance in a proceeding on an application.

   (2)If the Territory enters an appearance, it is a party to the proceeding.

4. Civil standard of proof

   It is sufficient for the Magistrates Court to be satisfied on the balance of probabilities in relation to any matter to be decided in proceedings on an application, including whether an offence has been committed if no conviction has been recorded.

5. Medical examinations

   (1)If the Territory is a party to an application by a primary victim or a person responsible for the maintenance of a primary victim, it may require the primary victim to undergo examination by a health practitioner chosen by the victim from a list of health practitioners approved by the Minister as having suitable expertise for examining and treating injuries of the type allegedly suffered by the victim.

   (2)The costs of an examination undertaken under subsection (1) must be borne by the Territory.

   (3)If a primary victim refuses to submit to a requirement made under subsection (1), the Magistrates Court must not award any financial assistance in accordance with the application.

Division 3.2               General criteria

1. Relevant considerations

   (1)On an application, the Magistrates Court must take into account the relevant considerations specified in subsection (2) in deciding—

   (a)whether to award financial assistance; and

   (b)the amount of financial assistance to be awarded.

   (2)The relevant considerations in relation to an application are as follows:

   (a)the behaviour, condition, attitude and disposition, before and at the time the criminal injury or eligible property damage was sustained, of—

   (i)for an application to which division 2.2 applies—the primary victim and any person responsible for the maintenance of the victim; or

   (ii)for an application by a related victim—the related victim; or

   (iii)for an application by an eligible property owner—the eligible property owner;

   (b)any other considerations the Magistrates Court considers relevant.

2. Expenses—victims services scheme

   On an application, the Magistrates Court must, in deciding whether an expense for a service has been reasonably incurred, take into account the availability of such a service to the victim under the victims services scheme.

3. Dismissal of application—set-offs exceeding entitlements

   The Magistrates Court may dismiss an application if the amount by which a potential award of financial assistance to an applicant would be reduced under division 3.3 or 3.4 would equal or exceed the amount of the award of financial assistance that the court would otherwise order.

Division 3.3               Set-offs—primary victims, responsible people and eligible property owners

1. Application of div 3.3—primary victims, responsible people and eligible property owners

   This division applies in relation to an application by a primary victim, a person responsible for the maintenance of a primary victim or an eligible property owner in relation to a criminal injury or eligible property damage.

2. Set-offs—other entitlements of primary victims, responsible people and eligible property owners

   (1)If this section applies, the Magistrates Court must reduce the amount of the financial assistance (other than any amount by way of special assistance) that it would otherwise award to the applicant by the aggregate of the amounts in relation to which this section applies.

   (2)This section applies if an applicant in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of 1 or more of the following amounts:

   (a)such portion of any amount of damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage;

   (b)such portion of any amount payable under another law that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage;

   (c)an amount of reparation in relation to the injury or damage payable in the applicant’s favour under a reparation order under the Crimes (Sentencing) Act 2005;

   (d)an amount in relation to the injury or damage payable—

   (i)as a medicare benefit under the Health Insurance Act 1973 (Cwlth); or

   (ii)under a contract of insurance;

   (e)for an application by a primary victim or a person responsible for the maintenance of a primary victim—the amount of any pension or allowance under the Social Security Act 1991 (Cwlth) payable as a consequence of the injury.

3. Set-offs—special assistance for primary victims

   (1)If this section applies, the Magistrates Court must reduce the amount of any special assistance that it would otherwise award to the primary victim by the aggregate of the amounts in relation to which this section applies.

   (2)This section applies if a primary victim in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of either or both of the following amounts:

   (a)an amount of damages in relation to the injury or damage less any amount of those damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage;

   (b)an amount payable under another law less any amount that is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage.

4. Set-offs—intoxication of primary victims

   (1)On an application by a primary victim who is a primary victim solely because of having had a violent crime committed against him or her, if the victim was intoxicated at the time the criminal injury was sustained, the Magistrates Court must calculate the amount of financial assistance to be awarded to the victim by reference to the degree of injury the court considers that the victim would have sustained if he or she had not been intoxicated at that time.

   (2)Subsection (1) does not apply to an application by a primary victim if the criminal injury resulted from criminal conduct in relation to a sexual crime committed against the primary victim.

   (3)In this section:

   intoxicated means intoxicated as a result of the voluntary consumption of alcohol or the voluntary administration of a controlled medicine, or prohibited substance, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008.

   sexual crime means any of the following offences:

   (a)an offence against the Crimes Act 1900, part 3 (an ACT sexual offence);

   (b)an offence against a law of the Commonwealth, a State or another Territory corresponding to an ACT sexual offence;

   (c)an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (b).

   NoteA reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

5. Set-offs—minor crimes by primary victims and eligible property owners

   On an application by a primary victim or an eligible property owner, if the applicant  was engaged in the commission of a minor crime at the time the injury or damage was sustained, the Magistrates Court must calculate the amount of financial assistance to be awarded by reference to the degree of injury or damage the court considers that the applicant would have sustained if he or she had not been so engaged at that time.

Division 3.4               Set-offs—related victims

1. Application of div 3.4—related victims

   This division applies in relation to an application to the Magistrates Court by a related victim or related victims for financial assistance in relation to a criminal injury.

2. Set-offs—other entitlements of related victims

   (1)If this section applies in relation to an application, the Magistrates Court must reduce the aggregate amount of the financial assistance (other than any amount by way of special assistance) that it would otherwise award to all related victims in relation to whom the application is made by the aggregate of the amounts in relation to which this section applies.

   (2)This section applies if any related victim in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of 1 or more of the following amounts:

   (a)such portion of any amount of damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury;

   (b)such portion of any amount payable under another law that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury;

   (c)an amount of reparation in relation to the injury or damage payable under an order under a reparation order under the Crimes (Sentencing) Act 2005;

   (d)an amount in relation to the injury payable—

   (i)as a medicare benefit under the Health Insurance Act 1973 (Cwlth); or

   (ii)under a contract of insurance;

   (e)the amount of any pension or allowance under the Social Security Act 1991 (Cwlth) payable as a consequence of the injury.

1. Set-offs—special assistance for related victims

   (1)If this section applies in relation to an application, the Magistrates Court must reduce the aggregate amount of any special assistance that it would otherwise award to all the related victims in relation to whom the application is made by the aggregate of the amounts in relation to which this section applies.

   (2)This section applies if any related victim in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of either or both of the following amounts:

   (a)an amount of damages in relation to the injury less any amount of those damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury;

   (b)an amount payable under another law less any amount that is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury.

Division 3.5               Miscellaneous

1. Adjournment of proceedings pending ascertainment of set-off amounts

   (1)This section applies if, in proceedings on an application—

   (a)the applicant has not received, and is not entitled to receive, an amount that is liable to be set-off under division 3.3 or 3.4 in relation to the relevant injury or damage, other than an amount of damages; and

   (b)the Magistrates Court considers that the applicant would become entitled to that amount if appropriate action were taken.

   (2)If this section applies, the Magistrates Court must, by order, adjourn proceedings on the application until the time that the outcome of any appropriate action to claim the relevant amount is known.

2. Interim awards

   (1)The Magistrates Court may, if it thinks just, by order, make an interim award of financial assistance to an applicant pending the making of a final award to the applicant if the court—

   (a)is satisfied that financial assistance should be awarded to the applicant; and

   (b)does not have sufficient information before it to enable the court to decide the amount of a final award to the applicant.

   (2)An interim award to an applicant ceases to have effect when a final award is made to the applicant.

   (3)The Magistrates Court must take into account the amount of an interim award to an applicant in deciding the amount of a final award to the applicant.

3. Conditions of awards of financial assistance

   (1)An award of financial assistance may be made subject to the conditions the Magistrates Court decides.

   (2)Without limiting subsection (1), an award may be made subject to conditions relating to—

   (a)the disposal or apportionment of any amount to be paid under the award; and

   (b)the holding of any amount to be paid under the award in trust for a person entitled to the benefit of that amount.

   (3)If the Magistrates Court makes an award subject to the condition that any amount of the assistance awarded is to be held in trust for a person entitled to the benefit of that amount, the award must require that the amount to be held in trust be apportioned as follows:

   (a)a specified amount (if any) is to be paid towards expenses reasonably incurred by or on behalf of the beneficiary of the trust as a consequence of the relevant criminal injury or eligible property damage;

   (b)a specified amount (if any) is to be paid towards the pecuniary loss suffered by the beneficiary;

   (c)any amount of special assistance awarded is to be paid towards the maintenance, education or benefit of the beneficiary.

4. Restriction on publication

   (1)The Magistrates Court may make an order prohibiting the publication of any report or account of proceedings on an application, or any part of the proceedings, if satisfied that it is necessary in the public interest.

   (2)In proceedings on an application, the Magistrates Court may make an order prohibiting the publication of a person’s name or any particulars likely to lead to his or her identification for any of the following people:

   (a)the primary victim;

   (b)the applicant;

   (c)a person whose criminal conduct is relevant to the proceedings.

   (3)The Magistrates Court may only make an order under subsection (2) if—

   (a)the person has not been convicted of any offence relevant to the proceedings; or

   (b)the court is satisfied that the making of the order is necessary in the interests of the administration of justice.

   (4)In considering whether to make an order under this section, the Magistrates Court must have regard to the desirability of the public being made aware of the principles applied by the court with regard to applications.

   (5)A person must not contravene an order made under this section.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

5. Variation of final awards of financial assistance

   (1)The Magistrates Court may, on application by the government solicitor or the person in whose favour a final award was made, by order, vary a final award by increasing or reducing the amount of financial assistance awarded, or otherwise.

   (2)In considering an application for the variation of a final award, the Magistrates Court must have regard to the following considerations:

   (a)any further evidence that has become available since the date when the award was made in relation to the circumstances in which a criminal injury or eligible property damage was sustained, or criminal conduct occurred;

   (b)any change in the economic circumstances of the successful applicant that has occurred since the date when the award was made;

   (c)any other matter the court considers relevant.

6. Legal fees

   A lawyer must neither charge nor seek to recover in relation to a proceeding under this Act an amount by way of fees that exceeds the amount allowable under a regulation.

7. Territory liability to pay financial assistance

   If an interim or final award of financial assistance is made to a person, an amount equal to the amount of the assistance is payable by the Territory to that person, subject to this Act.

8. Copies of awards and arrangements for payment

   (1)Following the making of an order for an interim or final award, the registrar must give a copy of the order to the following people:

   (a)the person or persons in whose favour the award is made, or to the person making the application (if that is a different person);

   (b)if an amount of financial assistance is awarded to be held in trust—the trustee;

   (c)the government solicitor.

   (2)On receiving a copy of an order for an interim or final award, the government solicitor must make arrangements for the payment of financial assistance in accordance with the order.

9. Prohibition on financial assistance being applied to other purposes by operation of law or in the course of civil proceedings

   Financial assistance, whether paid or payable, is not subject to any of the following:

   (a)attachment under a law in force in the ACT, other than a Commonwealth Act;

   (b)assignment, charge or being taken in execution;

   (c)being set off in any proceedings.

10. Other rights not affected

    The making of an interim or final award does not affect the rights or liabilities of any person under any other law in force in the ACT in relation to the relevant criminal injury or eligible property damage, or the relevant criminal conduct.

Part 4Recovery of financial assistance

Division 4.1               Preliminary

1. Definitions—pt 4

   In this part:

   assisted person means a person to whom a final award has been made.

   defendant means the person on whom a provisional order for restitution is served.

   notice of objection means notice by the defendant under section 55 of objection to the confirmation of a provisional restitution order.

   order for restitution means a provisional order for restitution that is confirmed by the Magistrates Court under section 56 or section 57.

   provisional order for restitution means a provisional order for restitution that is made by the registrar under section 54.

   recovery proceedings means proceedings of the Magistrates Court concerning the confirmation of a provisional order for restitution.

   related crime, in relation to an award of financial assistance in relation to criminal conduct, means—

   (a)an offence arising from substantially the same facts as those constituting that conduct; or

   (b)any other offence if an offence mentioned in paragraph (a) was taken into account by a court when sentence was passed on the offender for that other offence.

Division 4.2               Recovery from assisted people

1. Repayment of financial assistance if civil damages recovered

   (1)This section applies to an assisted person who has recovered either or both of the following amounts:

   (a)an amount of damages in relation to the relevant criminal injury or eligible property damage;

   (b)an amount under another law in relation to that injury or damage;

   unless the amount of financial assistance awarded to the person was set off under division 3.3 or 3.4 by the amount or amounts mentioned in paragraph (a) or (b).

   (2)An assisted person to whom this section applies is liable to pay the Territory—

   (a)if the amount (or the aggregate of the amounts) mentioned in subsection (1) is less than the amount of financial assistance awarded to the person—an amount equal to the amount (or the aggregate of the amounts) mentioned in subsection (1); or

   (b)if the amount (or the aggregate of the amounts) mentioned in subsection (1) is equal to or greater than the amount of financial assistance awarded to the person—an amount equal to the amount of financial assistance.

   (3)A person who is liable under subsection (2) to pay an amount to the Territory must, within 28 days after the date when the liability to pay that amount arose, notify the director‑general in writing accordingly.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (4)The director‑general must file with the Magistrates Court—

   (a)a copy of a notice received under subsection (3); and

   (b)if an amount is paid to the Territory under subsection (2)—notice of the payment.

Division 4.3               Recovery from offenders

1. Provisional order for restitution

   (1)If the registrar considers that, before or after a final award is made in relation to criminal conduct, a person has been convicted of a related crime, the registrar may make a provisional order for the restitution of the amount of the award to the Territory by the person so convicted.

   (2)However, the registrar must not make the provisional order only because the person’s property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003.

   (3)A provisional order for restitution may only be made on an application to the registrar by the Territory that is filed in the Magistrates Court within 2 years after the date of the final award.

   (4)The registrar must serve notice of a provisional order on the convicted person in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.

   (5)A notice of a provisional order must—

   (a)set out the terms of the order; and

   (b)specify the date when the final award was made and the facts on which the award was based; and

   (c)specify the related crime to which the order relates and the date when it is alleged that the person was convicted of that crime; and

   (d)state that the person has 28 days in which to object to the order by a notice filed in the Magistrates Court; and

   (e)state that if the person does not object, the order will be confirmed by the Magistrates Court and become a judgment debt payable by the person; and

   (f)state that if the person files a notice of objection, the court will conduct a hearing into whether the order should be confirmed; and

   (g)contain any other particulars that may be prescribed by regulation.

2. Notice of objection by defendant

   (1)A defendant served with a provisional order for restitution may, within 28 days after service, file in the Magistrates Court a notice of objection to the confirmation of the order.

   (2)A notice of objection must—

   (a)include a statement of the grounds of objection on which the defendant intends to rely; and

   (b)otherwise comply with the regulations.

3. Confirmation of provisional order—no recovery proceedings

   (1)On application by the Territory, the Magistrates Court may confirm a provisional order for restitution without conducting a hearing if satisfied that the defendant has not filed a notice of objection within 28 days after notice of the provisional order was duly served on the defendant.

   (2)If the Magistrates Court is satisfied that the assisted person has paid the Territory an amount under division 4.2 in relation to the relevant criminal conduct—

   (a)if the amount paid under division 4.2 is equal to or greater than the amount of restitution under the provisional order—the court must discharge the order; or

   (b)if the amount paid under division 4.2 is less than the amount of restitution under the provisional order—if the provisional order is confirmed, the court must vary the order to reduce the amount of restitution so that it is equal to the difference between the amount paid under division 4.2 and the amount of the relevant final award.

4. Confirmation of provisional order—recovery proceedings in Magistrates Court

   (1)If the defendant files a notice of objection to a provisional order for restitution within 28 days after notice of the provisional order was duly served on the defendant, the Magistrates Court must conduct a hearing to decide whether the provisional order should be confirmed.

   (2)The Magistrates Court may confirm a provisional order for restitution in relation to a final award if satisfied that the defendant has been convicted of a related crime.

   (3)The Magistrates Court may vary a provisional order for restitution that it confirms.

   (4)If the Magistrates Court is satisfied that the assisted person has paid the Territory an amount under division 4.2 in relation to the relevant criminal conduct—

   (a)if the amount paid under division 4.2 is equal to or greater than the amount of restitution under the provisional order—the court must discharge the order; or

   (b)if the amount paid under division 4.2 is less than the amount of restitution under the provisional order—if the provisional order is confirmed, the court must vary the order to reduce the amount of restitution so that it is equal to the difference between the amount paid under division 4.2 and the amount of the relevant final award.

5. Arrangements for payment under order for restitution

   (1)The Territory and a defendant may enter into an arrangement about payment under a provisional order for restitution or any such order that is confirmed.

   (2)An arrangement may relate to the time for payment or to a reduction in the total amount payable under the order, or both.

   (3)For the purpose of enabling the Territory and the defendant to come to an arrangement, the Magistrates Court may adjourn recovery proceedings for any period that it considers appropriate.

   (4)If the defendant does not comply with an arrangement, the Territory may take or continue recovery proceedings for the purposes of confirming the provisional order for restitution for the total amount payable under the order.

6. Confirmed order for restitution

   (1)The Magistrates Court may, when it confirms a provisional order for restitution, reduce the amount to be paid under the provisional order having regard to—

   (a)the financial means of the defendant; and

   (b)any other matters that are, in the opinion of the court, relevant to the decision.

   (2)The maximum amount that may be ordered to be paid under an order for restitution (whether made against 1 or more defendants) is the amount that has been paid to the assisted person under the final award to which the order relates.

   (3)If an order for restitution is made against 2 or more defendants in relation to the same final award, each of the defendants is jointly and severally liable under the order.

   (4)If the Magistrates Court decides under subsection (1) to reduce the amount payable by a defendant under an order made against 2 or more defendants, the court may confirm the order subject to the liability of the defendant concerned being limited under the order to an amount specified in the order.

7. Effect of appeals against award of financial assistance, and variations of awards

   (1)An order for restitution does not have any effect—

   (a)until the period within which an appeal may be made against the final award from which it arises has ended; or

   (b)if such an appeal is duly made within that period—until the appeal is finally disposed of.

   (2)If the final award to which such an appeal relates is set aside as a result of the appeal, the order for restitution ceases to have effect.

   (3)If the effect of such an appeal is to vary the amount of financial assistance awarded, on application by the Territory or the defendant the Magistrates Court may, by order, amend the order for restitution accordingly and make the ancillary orders that are necessary as a consequence.

   (4)If a final award is varied as a result of an application under section 46 after an order for restitution has been made in relation to the award, on application by the Territory or the defendant, the Magistrates Court may, by order, amend the order for restitution accordingly and make the ancillary orders that are necessary as a consequence.

8. Appeals to Supreme Court

   The defendant against whom an order for restitution is made, or the Territory, may appeal to the Supreme Court against the order.

   NoteSee the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).

61AOrder for restitution—judgment debt

The amount ordered to be paid by a court under an order for restitution is a judgment debt owing to the Territory.

61BRecovery under restitution orders—Confiscation of Criminal Assets Act

(1)This section applies in relation to the recovery from a defendant (including under an arrangement under section 58) of an amount under a provisional order for restitution or a provisional order for restitution that is confirmed.

(2)To remove any doubt, the amount cannot be recovered from property that has been restrained or forfeited under the Confiscation of Criminal Assets Act 2003.

Note 1Restrained property may be dealt with only in accordance with the Confiscation of Criminal Assets Act 2003 (the Confiscation Act) (see that Act, s 19, def restraining order and s 33 (1)). For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.

Note 2For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.

(3)In this section:

restrained—see the Crimes (Sentencing) Act 2005, section 112 (3).

1. Effect of order for restitution on civil proceedings

   (1)This section applies to civil proceedings by or on behalf of an assisted person for the recovery of damages in relation to the criminal injury or eligible property damage in relation to which financial assistance was awarded.

   (2)The making of an order for restitution does not affect a person’s right to commence or maintain civil proceedings to which this section applies, and damages in the proceedings must be assessed without regard to the order.

1. Access to information about defendant’s whereabouts

   For the purposes of serving a provisional order for restitution on a defendant, or taking any action against the defendant to enforce an order for restitution, the registrar may, in writing, require any of the following people to give the registrar information about the address of the defendant:

   (a)the chief police officer;

   (b)the housing commissioner;

   (c)the chief executive (however described) of a government agency.

Division 4.4               Reimbursement of offenders

1. Reimbursement of offender if amounts paid under div 4.2 and div 4.3

   (1)This section applies if—

   (a)a defendant has fully complied with an order for restitution made under division 4.3 in relation to a final award to an assisted person; and

   (b)on or after the date of the order, payment is made to the Territory in full satisfaction of the assisted person’s liability under division 4.2 in relation to that award.

   (2)If this section applies, the Territory is liable to pay to the defendant the lesser of the following amounts:

   (a)the amount of the defendant’s liability under division 4.3 under the order for restitution;

   (b)the amount of the assisted person’s liability under division 4.2 in relation to the final award.

   (3)On the written request of the defendant, the Territory may pay an amount equal to part or all of the applicable amount under subsection (2) to another person or persons nominated by the defendant, instead of paying the amount to the defendant.

Part 5Compensation levy

1. Meaning of levy—pt 5

   In this part:

   levy means the levy imposed under section 68 (1).

2. Application—pt 5

   (1)Subject to subsection (2), this part applies to all offences that are dealt with by the Supreme Court, the Magistrates Court, or the Childrens Court.

   (2)This part does not apply to an offence—

   (a)in relation to which a reparation order is made under—

   (i)the Crimes (Sentencing) Act 2005; or

   (ii)the Crimes Act 1914 (Cwlth), section 21B; or

   (b)in relation to which an infringement notice has been served.

   (3)In this section:

   infringement notice includes an offence notice under the Drugs of Dependence Act 1989.

   NoteThe Legislation Act dict, pt 1 defines infringement notice as including an infringement notice under the Magistrates Court Act 1930 or the Road Transport (General) Act 1999.

3. Extended meaning of convicted—pt 5

   (1)For this part, a person is taken to have been convicted of an offence if—

   (a)the person is found guilty of the offence; or

   (b)the offence was taken into account by a court when sentencing the person for another offence.

   NoteFound guilty is defined in the Legislation Act, dict, pt 1.

   (2)For this section, a person is taken to have been found guilty of an offence if an order is made in relation to the offence under the Crimes Act 1914 (Cwlth), section 19B (1).

4. Imposition of levy

   (1)If a person is convicted of an offence to which this part applies, the person is liable to pay the Territory a levy of $50.

   (2)The levy is in addition to, and does not form part of, any pecuniary penalty imposed in relation to the offence.

   (3)Any money paid to the Territory in respect of an offence to which this part applies is to be applied towards the discharge of liability for the levy before it is applied towards the discharge of liability for any pecuniary penalty imposed in relation to the offence.

5. Exemptions

   (1)A person who is under 18 years of age is not liable to pay the levy if the court by which the person is convicted directs (whether at the time of conviction or at any later time) that the person is exempt from liability to pay the levy.

   (2)The court before which a person is convicted of an offence may exempt the person from liability to pay the levy in relation to—

   (a)that offence if, earlier on the same day, the court had convicted the person of another offence; or

   (b)any other offence that the court has taken into account in passing sentence for the first mentioned offence.

6. Effect of appeal etc

   (1)The commencement of any proceedings by way of appeal against, or review of, a conviction for an offence in relation to which a levy is imposed on a person stays the liability of the person to pay the levy.

   (2)The setting aside of a conviction of a person annuls the liability of the person to pay the levy.

   (3)The dismissal of proceedings by way of appeal against, or review of, a conviction removes the stay of liability.

Part 6Miscellaneous

1. Approved forms

   (1)The Minister may approve forms for this Act.

   (2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.

   Not For other provisions about forms, see the Legislation Act, s 255.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

73ARegulation-making power

The Executive may make regulations for this Act.

NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     chief officer (fire and rescue)

·     chief officer (rural fire service)

· Criminal Code

·     director‑general (see s 163)

·     fire and rescue

·     health practitioner

·     individual

·     Magistrates Court

·     person (see s 160)

·     Supreme Court

·     the Territory.

amount of financial assistance, if section 5 (References to applications and awards made on behalf of other people) applies—see section 5 (2) (c).

another law means a territory law other than this law, or a law of the Commonwealth, a State or another Territory.

applicant, if section 5 (References to applications and awards made on behalf of other people) applies—see section 5 (2) (a).

application—

(a)for this Act generally—means an application to the Magistrates Court for an award of financial assistance under this Act; and

(b)if section 5 (References to applications and awards made on behalf of other people) applies—see section 5 (2) (b).

assisted person, for part 4 (Recovery of financial assistance)—see section 52.

convicted, of an offence—

(a)if section 6 (References to convictions—finding of proof without proceeding to conviction) applies—see section 6 (2) (a); and

(b)for part 5 (Compensation levy)—see section 67.

conviction, if section 6 (References to convictions—finding of proof without proceeding to conviction) applies—see section 6 (2) (b).

court means the Magistrates Court.

criminal conduct means—

(a)an act or omission that constitutes, or is an element of, an offence; or

(b)in relation to an offence believed on reasonable grounds by a police officer to be about to be committed, or to have been committed—an act or omission that the police officer believes on reasonable grounds would constitute, or constitutes, an offence, or an element of an offence.

criminal injury—see section 4.

damage, in relation to property, includes the loss or destruction of the property.

damages means an amount of damages recovered or recoverable in the ACT or elsewhere, and—

(a)includes an amount paid under a compromise or settlement of a claim for damages, whether legal proceedings had been instituted or not; but

(b)does not include an amount paid for costs incurred in connection with proceedings in a court.

defendant, for part 4 (Recovery of financial assistance)—see section 52.

eligible property damage, in relation to an eligible property owner, means the damage because of which the person is an eligible property owner.

eligible property owner—see section 21.

extremely serious injury—see section 11.

final award means an award of financial assistance under part 2, but does not include an interim award.

financial assistance means financial assistance awarded under an application, including any amount of special assistance forming part of that award.

injury means a physical or mental injury, and includes—

(a)mental shock or nervous shock; and

(b)pregnancy; and

(c)the aggravation, acceleration or recurrence of any physical or mental injury; and

(d)the contraction, aggravation, acceleration or recurrence of a disease; and

(e)damage to spectacles, a contact lens, a hearing aid, artificial teeth, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance.

interim award means an interim award of financial assistance under section 43.

levy—for part 5 (Compensation levy)—see section 65.

minor crime means an offence against another law other than—

(a)a violent crime; or

(b)a serious crime.

notice of objection, for part 4 (Recovery of financial assistance)—see section 52.

offence means an offence against a law in force in the ACT.

order for restitution, for part 4 (Recovery of financial assistance)—see section 52.

primary victim—see section 9.

provisional order for restitution, for part 4 (Recovery of financial assistance)—see section 52.

recovery proceedings, for part 4 (Recovery of financial assistance)—see section 52.

registrar means the registrar of the Magistrates Court.

related crime, for part 4 (Recovery of financial assistance)—see section 52.

related victim—see section 16.

serious crime means any of the following offences against another law:

(a)an offence against the person;

(b)an offence relating to property;

(c)an offence against the Criminal Code, chapter 6 (Serious drug offences) other than section 618 (Cultivating controlled plant);

(d)an offence involving dishonesty;

(e)an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraphs (a) to (d).

NoteA reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

victim means a primary victim, a related victim or an eligible property owner.

victims services scheme means the scheme for providing services to victims of crime provided for under the Victims of Crime Act 1994.

violent crime—see section 3.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Criminal Injuries Compensation Ordinance 1983 Ord1983-11 (Cwlth).

   The ACT Self-Government (Consequential Provisions) 1988 (Cwlth), s 12) converted some former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989‑21, s 5 on its conversion to an ACT enactment on 1 July 1990. The Act was later renamed by the Victims of Crime (Financial Assistance) (Amendment) Act 1999 (see pt 2).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).

   Legislation before becoming Territory enactment

   Victims of Crime (Financial Assistance) Act 1983 A1983‑11

   notified 30 June 1983

   commenced 30 June 1983

   as amended by

   Magistrates Court Ordinance 1985 Ord1985‑67 sch pt 1

   notified 19 December 1985

   commenced 1 February 1986 (s 2 and Gaz 1986 No 3)

   Criminal Injuries Compensation (Amendment) Ordinance 1986 Ord1986‑28

   notified 31 July 1986

   commenced 31 July 1986

   Criminal Injuries Compensation (Amendment) Ordinance 1988 Ord1988‑89

   notified 21 December 1988

   commenced 21 December 1988

   Self-Government (Consequential Amendments) Ordinance 1990 Ord1990‑5 sch 1

   notified 27 June 1990
   s 1, s 2 commenced 27 June 1990 (s 2 (1))

   sch 1 commenced 1 July 1990 (s 2 (2))

   Legislation after becoming Territory enactment

   Criminal Injuries Compensation (Amendment) Act 1991 A1991‑13

   notified 30 April 1991 (Gaz 1991 No S30)

   commenced 30 April 1991

   Magistrates and Coroner’s Courts (Registrar) Act 1991 A1991‑44 s 7

   notified 20 September 1991 (Gaz 1991 No S95)
   s 1, s 2 commenced 20 September 1991 (s 2 (1))

   s 7 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)

   Criminal Injuries Compensation (Amendment) Act 1992 A1992‑7

   notified 28 May 1992 (Gaz 1992 No S59)

   commenced 28 May 1992

   Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 sch 1 pt 23

   notified 30 June 1994 (Gaz 1994 No S121)
   s 1, s 2 commenced 30 June 1994 (s 2 (1))

   sch 1 pt 23 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)

   Statute Law Revision (Penalties) Act 1994 A1994‑81 sch

   notified 29 November 1994 (Gaz 1994 No S253)
   s 1, s 2 commenced 29 November 1994 (s 2 (1))

   sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)

   Criminal Injuries Compensation (Amendment) Act 1996 A1996‑68

   notified 20 December 1996 (Gaz 1996 No S328)
   s 1, s 2 and s 3 commenced 20 December 1996 (s 2 (1))

   remainder commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S352)

   Legal Practitioners (Consequential Amendments) Act 1997 A1997‑96 sch 1

   notified 1 December 1997 (Gaz 1997 No S380)
   s 1, s 2 commenced 1 December 1997 (s 2 (1))

   sch 1 commenced 1 June 1998 (s 2 (2))

   Motor Traffic (Amendment) Act (No 2) 1999 A1999‑50 sch

   notified 17 September 1999 (Gaz 1999 No S54)
   s 1, s 2 and s 3 commenced 17 September 1999 (s 2 (1))

   sch commenced 6 October 1999 (s 2 (2) and Gaz 1999 No S58)

   Children and Young People (Consequential Amendments) Act 1999 A1999‑64 sch 2

   notified 10 November 1999 (Gaz 1999 No 45)
   s 1, s 2 commenced 10 November 1999 (s 2 (1))

   sch 2 commenced 11 May 2000 (s 2 (2))

   Road Transport Legislation Amendment Act 1999 A1999‑79 sch 3

   notified 23 December 1999 (Gaz 1999 No S65)
   s 1, s 2 commenced 23 December 1999 (IA s 10B)

   sch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)

   Victims of Crime (Financial Assistance) (Amendment) Act 1999 A1999‑91

   notified 23 December 1999 (Gaz 1999 No S65)
   s 1, s 2 commenced 23 December 1999 (s 2 (1))

   remainder commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)

   Victims of Crime (Financial Assistance) Amendment Act 2000 A2000‑32

   notified 6 July 2000 (Gaz 2000 No S33)

   commenced 6 July 2000 (s 2)

   Statute Law Amendment Act 2000 A2000‑80 sch 3

   notified 21 December 2000 (Gaz 2000 No S69)

   commenced 21 December 2000 (s 2 (1))

   Statute Law Amendment Act 2001 A2001‑11 sch 3

   notified 29 March 2001 (Gaz 2001 No 13)

   commenced 29 March 2001 (s 2)

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 409

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 409 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Road Transport (Public Passenger Services) Act 2001 A2001‑62 pt 1.8

   notified 10 September 2001 (Gaz 2001 No S66)
   s 1, s 2 commenced 10 September 2001 (IA s 10B)

   pt 1.8 commenced 1 December 2001 (s 2 and CN2001-2)

   Legislation Amendment Act 2002 A2002‑11 pt 2.50

   notified LR 27 May 2002
   s 1, s 2 commenced 27 May 2002 (LA s 75)

   pt 2.50 commenced 28 May 2002 (s 2 (1))

   Criminal Code 2002 No 51 pt 1.26

   notified LR 20 December 2002
   s 1, s 2 commenced 20 December 2002 (LA s 75 (1))

   pt 1.26 commenced 1 January 2003 (s 2 (1))

   Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.35

   notified LR 27 March 2003
   s 1, s 2 commenced 27 March 2003 (LA s 75 (1))

   sch 1 pt 1.35 commenced 28 March 2003 (s 2)

   Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.37

   notified LR 19 March 2004
   s 1, s 2 commenced 19 March 2004 (LA s 75 (1))

   sch 1 pt 1.37 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)

   Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 3 pt 3.5

   notified LR 26 March 2004
   s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

   sch 3 pt 3.5 commenced 9 April 2004 (s 2 (1))

   Emergencies Act 2004 A2004-28 sch 3 pt 3.25

   notified LR 29 June 2004
   s 1, s 2 commenced 29 June 2004 (LA s 75 (1))

   sch 3 pt 3.25 commenced 1 July 2004 (s 2 (1) and CN2004-11)

   Health Professionals Legislation Amendment Act 2004 A2004-39 sch 11 pt 11.1

   notified LR 8 July 2004
   s 1, s 2 commenced 8 July 2004 (LA s 75 (1))

   
   

   sch 11 pt 11.1 commenced 9 January 2007 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 as am by A2005‑28 amdt 1.1; A2006‑27 s 12)

   Criminal Code (Serious Drug Offences) Amendment Act 2004
   A2004‑56

   sch 1 pt 1.7

   notified LR 6 September 2004
   s 1, s 2 commenced 6 September 2004 (LA s 75 (1))

   
   

   sch 1 pt 1.7 commenced 6 March 2005 (s 2 and LA s 79)

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.73

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

   
   

   sch 1 pt 1.73 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.71

   notified LR 12 May 2005
   s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))

   sch 3 pt 3.71 commenced 2 June 2005 (s 2 (1))

   Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.30

   notified LR 26 October 2005
   s 1, s 2 commenced 26 October 2005 (LA s 75 (1))

   sch 1 pt 1.30 commenced 23 November 2005 (s 2)

   Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.37

   notified LR 18 May 2006
   s 1, s 2 commenced 18 May 2006 (LA s 75 (1))

   sch 1 pt 1.37 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)

   Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.31

   notified LR 28 September 2006
   s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

   sch 2 pt 2.31 commenced 29 September 2006 (s 2 (1))

   Housing Assistance Act 2007 A2007-8 sch 1 pt 1.11

   notified LR 10 May 2007
   s 1, s 2 commenced 10 May 2007 (LA s 75 (1))

   sch 1 pt 1.11 commenced 10 November 2007 (s 2 and LA s 79)

   Justice and Community Safety Legislation Amendment Act 2007 A2007‑22 sch 1 pt 1.16

   notified LR 5 September 2007
   s 1, s 2 commenced 5 September 2007 (LA s 75 (1))

   sch 1 pt 1.16 commenced 6 September 2007 (s 2)

   Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.28

   notified LR 6 December 2007
   s 1, s 2 commenced 6 December 2007 (LA s 75 (1))

   sch 3 pt 3.28 commenced 27 December 2007 (s 2)

   Children and Young People (Consequential Amendments) Act 2008 A2008‑20 sch 3 pt 3.21, sch 4 pt 4.22

   notified LR 17 July 2008
   s 1, s 2 commenced 17 July 2008 (LA s 75 (1))
   s 3 commenced 18 July 2008 (s 2 (1))
   sch 3 pt 3.21 commenced 27 October 2008 (s 2 (4) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-13)

   sch 4 pt 4.22 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13))

   Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.11

   notified LR 8 July 2008
   s 1, s 2 commenced 8 July 2008 (LA s 75 (1))

   sch 1 pt 1.11 commenced 29 July 2008 (s 2)

   Medicines, Poisons and Therapeutic Goods Act 2008 A2008-26 sch 2 pt 2.23

   notified LR 14 August 2008
   s 1, s 2 commenced 14 August 2008 (LA s 75 (1))

   sch 2 pt 2.23 commenced 14 February 2009 (s 2 and LA s 79)

   Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.59

   notified LR 12 August 2008
   s 1, s 2 commenced 12 August 2008 (LA s 75 (1))

   sch 3 pt 3.59 commenced 26 August 2008 (s 2)

   Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.20

   notified LR 31 March 2010
   s 1, s 2 commenced 31 March 2010 (LA s 75 (1))

   sch 2 pt 2.20 commenced 1 July 2010 (s 2 (1) (a))

   Victims of Crime Amendment Act 2010 A2010-29 sch 1 pt 1.4

   notified LR 31 August 2010
   s 1, s 2 commenced 31 August 2010 (LA s 75 (1))
   sch 1 pt 1.4 commenced 28 February 2011 (s 2 and LA s 79)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.168

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.168 commenced 1 July 2011 (s 2 (1))

   Justice and Community Safety Legislation Amendment Act 2011 (No 2) A2011-27 sch 1 pt 1.8

   notified LR 30 August 2011
   s 1, s 2 taken to have commenced 29 July 2008 (LA s 75 (2))
   sch 1 pt 1.8 taken to have commenced 29 July 2008 (s 2 (2))

   Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.53

   notified LR 28 November 2011
   s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

   sch 3 pt 3.53 commenced 12 December 2011 (s 2)

   Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.53

   notified LR 22 May 2012
   s 1, s 2 commenced 22 May 2012 (LA s 75 (1))

   sch 3 pt 3.53 commenced 5 June 2012 (s 2 (2))

   Annual Reports (Government Agencies) Amendment Act 2015 A2015‑16 sch 1 pt 1.23

   notified LR 27 May 2015
   s 1, s 2 commenced 27 May 2015 (LA s 75 (1))

   sch 1 pt 1.23 commenced 3 June 2015 (s 2)

   as repealed by

   Victims of Crime (Financial Assistance) Act 2016 A2016-12 s 102

   notified LR 16 March 2016
   s 1, s 2 commenced 16 March 2016 (LA s 75 (1))
   s 102 commenced 1 July 2016 (s 2 (1) (a))

1. Amendment history

   Title

   titleam A1999‑91 s 4

   Preliminary

   pt 1 hdgins A1996‑68 s 4

   sub A1999‑91 s 5

   Name of Act

   s 1sub A1999‑91 s 5

   Dictionary

   s 2am A1991‑13 s 3

   sub A1999‑91 s 5

   defs reloc to dict A2007‑39 amdt 3.127

   sub A2007‑39 amdt 3.128

   def clerk am Ord1985‑67 sch pt 1

   om A1991‑44 s 7

   def file ins A1999‑91 s 5

   om A2004‑60 amdt 1.688

   def inquiry am A1992‑7 s 6

   om A1991‑91 s 5

   def prescribed injury om A1991‑91 s 5

   def prescribed property damage om A1991‑91 s 5

   def secretary om Ord1990‑5 sch 1

   Notes

   s 2Ains A2007‑39 amdt 3.128

   What is a violent crime?

   s 3am A1991‑13 s 4

   sub A1999‑91 s 5

   am A2004‑15 amdts 3.21-3.23

   sub A2007‑39 amdt 3.129

   am A2008‑22 amdt 1.62, amdt 1.63; items renum R30 LA

   What is a criminal injury?

   s 4am Ord1990‑5 sch 1

   sub A1999‑91 s 5

   References to applications and awards made on behalf of other people

   s 5am Ord1990‑5 sch 1; A1997‑96 sch 1

   sub A1999‑91 s 5

   am A2000‑80 amdt 3.31

   References to convictions—finding of proof without proceeding to conviction

   s 6am Ord1990‑5 sch 1

   sub A1999‑91 s 5

   Evidence of criminal conduct

   s 7am Ord1986‑28 s 2; A1991‑13 s 5

   sub A1999‑91 s 5

   am A2004‑60 amdt 1.689

   Legal incapacity—criminal intent

   s 8sub A1999‑91 s 5

   Eligibility for financial assistance

   pt 2 hdgins A1996‑68 s 5

   pt 2sub A1999‑91 s 5

   Financial assistance for primary victims and responsible people

   div 2.1 hdg(prev pt 2 div hdg) ins A1999‑91 s 5

   renum R6 LA

   Who is a primary victim?

   s 9sub A1999‑91 s 5

   Financial assistance for primary victims and responsible people

   s 10am Ord1985‑67 sch pt 1; Ord1990‑5 sch 1; A1991‑13 s 6; A1991‑44 s 7; A1992‑7 ss 4-6; A2000‑80 amdt 3.32, amdt 3.33

   sub A1999‑91 s 5

   am A2004‑28 amdt 3.68; A2012‑21 amdt 3.208

   What is an extremely serious injury?

   s 11am Ord1985‑67 sch pt 1; Ord1988‑89 s 3; A1992‑7 s 6

   sub A1999‑91 s 5

   No financial assistance for primary victims or responsible people

   s 12am Ord1985‑67 sch pt 1; Ord1990‑5 sch 1; A1991‑44 s 7; A1992‑7 s 5; A1994‑38 sch 1 pt 23

   sub A1999‑91 s 5

   am A2011‑27 amdt 1.15

   Exhaustion of workers compensation remedies

   s 13sub A1999‑91 s 5

   Maximum award—primary victims and responsible people

   s 14am Ord1990‑5 sch 1

   om A1991‑13 s 7

   ins A1999‑91 s 5

   Victims services scheme—primary victims

   s 15am Ord1990‑5 sch 1; A1991‑13 s 8

   sub A1999‑91 s 5

   am A2001‑44 amdt 1.4240, amdt 1.4241

   Financial assistance for related victims

   div 2.2 hdg(prev pt 2 div 2 hdg) ins A1999‑91 s 5

   renum R6 LA

   Who is a related victim?

   s 16sub A1999‑91 s 5

   am A2011‑52 amdt 3.195

   Financial assistance for related victims

   s 17am A1994‑81 sch

   sub A1999‑91 s 5

   No financial assistance for related victims

   s 18am A1991‑13 s 11; A1992‑7 s 6

   sub A1999‑91 s 5

   am A2011‑27 amdt 1.16

   Maximum award—related victims

   s 19am A1992‑7 s 6

   sub A1999‑91 s 5

   Victims services scheme—related victims

   s 20am A1992‑7 s 6

   sub A1999‑91 s 5

   am A2001‑44 amdt 1.4242, amdt 1.4243

   Financial assistance for eligible property owners

   div 2.3 hdg(prev pt 2 div 3 hdg) ins A1999‑91 s 5

   renum R6 LA

   Who is an eligible property owner?

   s 21am Ord1990‑5 sch 1; A1991‑13 s 11; A1992‑7 s 6

   sub A1999‑91 s 5

   Financial assistance for eligible property owners

   s 22am Ord1990‑5; A1992‑7 s 6

   sub A1999‑91 s 5

   Maximum award—eligible property owners

   s 23am A1992‑7 s 6; A1994‑81 sch

   sub A1999‑91 s 5

   No financial assistance for eligible property owners

   s 24am Ord1990‑5 sch 1; A1992‑7 s 6; A1994‑81 sch

   sub A1999‑91 s 5

   Victims services scheme—eligible property owners

   s 25am A1992‑7 s 6

   sub A1999‑91 s 5

   am A2001‑44 amdt 1.4244, amdt 1.4245

   Award of financial assistance

   pt 3 hdgorig pt 3 hdg ins A1996‑68 s 6

   renum as pt 5 hdg A1999‑91 s 7

   pres pt 3 hdg ins A1999‑91 s 5

   Procedure

   div 3.1 hdg(prev pt 3 div 1 hdg) ins A1999‑91 s 5

   renum R6 LA

   Jurisdiction of Magistrates Court

   s 26am A1992‑7 s 6

   sub A1999‑91 s 5

   am A2004‑60 amdt 1.689

   Application for financial assistance

   s 27am Ord1990‑5 sch 1

   sub A1999‑91 s 5

   am A2001‑44 amdts 1.4246-1.4248; A2004‑60 amdt 1.690, amdt 1.691; A2010‑29 amdt 1.5; A2011‑52 amdt 3.196

   Procedure on applications

   s 28am Ord1990‑5 sch 1; A1992‑7 s 6

   sub A1999‑91 s 5; A2004‑60 amdt 1.692

   (1), (4) exp 1 July 2006 (s 28 (4))

   ss renum R24 LA

   Civil standard of proof

   s 29am Ord1990‑5 sch 1; A1994‑38 sch 1 pt 23; A1994‑81 sch

   sub A1999‑91 s 5

   am A2004‑60 amdt 1.693

   Recovery of compensation from offenders

   s 29Ains A1991‑13 s 9

   om A1999‑91 s 5

   Reimbursement of offender

   s 29Bins A1991‑13 s 9

   om A1999‑91 s 5

   Medical examinations

   s 30am Ord1985‑67 sch pt 1; Ord1990‑5 sch 1; A1991‑13 s 11; A1991‑44 s 7; A1992‑7 s 5, s 6

   sub A1999‑91 s 5

   am A2010‑10 amdt 2.119

   General criteria

   div 3.2 hdg(prev pt 3 div 2 hdg) ins A1999‑91 s 5

   renum R6 LA

   Relevant considerations

   s 31am Ord1990‑5 sch 1

   sub A1999‑91 s 5

   am A2004‑60 amdt 1.694

   Expenses—victims services scheme

   s 32sub A1999‑91 s 5

   am A2004‑60 amdt 1.694

   Dismissal of application—set-offs exceeding entitlements

   s 33am Ord1990‑5 sch 1

   sub A1999‑91 s 5

   Set-offs—primary victims, responsible persons and eligible property owners

   div 3.3 hdg(prev pt 3 div 3 hdg) ins A1999‑91 s 5

   renum R6 LA

   Application of div 3.3—primary victims, responsible people and eligible property owners

   s 34am Ord1990‑5 sch 1; A1992‑7 s 6

   sub A1999‑91 s 5

   Interpretation

   s 34Ains A1996‑68 s 6

   renum as s 65 A1999‑91 s 7

   Application of part

   s 34Bins A1996‑68 s 6

   renum as s 66 A1999‑91 s 7

   Extended meaning of conviction

   s 34Cins A1996‑68 s 6

   renum as s 67 A1999‑91 s 7

   Imposition of levy

   s 34Dins A1996‑68 s 6

   renum as s 68 A1999‑91 s 7

   Exemptions

   s 34Eins A1996‑68 s 6

   renum as s 69 A1999‑91 s 7

   Effect of appeal etc

   s 34Fins A1996‑68 s 6

   renum as s 70 A1999‑91 s 7

   Set-offs—other entitlements of primary victims, responsible people and eligible property owners

   s 35orig s 35 renum as s 71 A1999‑91 s 7

   pres s 35 ins A1999‑91 s 5

   am A2006‑23 amdt 1.301

   (2) (c) note exp 2 June 2011 (see A2005‑58 s 147 (2) (c))

   Set-offs—special assistance for primary victims

   s 36orig s 36 renum as s 73 A1999‑91 s 7

   pres s 36 ins A1999‑91 s 5

   Set-offs—intoxication of primary victims

   s 37ins A1999‑91 s 5

   am A2008‑26 amdt 2.162; A2011‑52 amdt 3.197

   Set-offs—minor crimes by primary victims and eligible property owners

   s 38ins A1999‑91 s 5

   Set-offs—related victims

   div 3.4 hdg(prev pt 3 div 4 hdg) ins A1999‑91 s 5

   renum R6 LA

   Application of div 3.4—related victims

   s 39ins A1999‑91 s 5

   Set-offs—other entitlements of related victims

   s 40ins A1999‑91 s 5

   am A2006‑23 amdt 1.302

   (2) (c) note exp 2 June 2011 (see A2005‑58 s 147 (2) (c))

   Set-offs—special assistance for related victims

   s 41ins A1999‑91 s 5

   Miscellaneous

   div 3.5 hdg(prev pt 3 div 5 hdg) ins A1999‑91 s 5

   renum R6 LA

   Adjournment of proceedings pending ascertainment of set-off amounts

   s 42ins A1999‑91 s 5

   Interim awards

   s 43ins A1999‑91 s 5

   am A2004‑60 amdt 1.695, amdt 1.696

   Conditions of awards of financial assistance

   s 44ins A1999‑91 s 5

   am A2004‑60 amdt 1.697

   Restriction on publication

   s 45ins A1999‑91 s 5

   Variation of final awards of financial assistance

   s 46ins A1999‑91 s 5

   Legal fees

   s 47ins A1999‑91 s 5

   Territory liability to pay financial assistance

   s 48ins A1999‑91 s 5

   Copies of awards and arrangements for payment

   s 49ins A1999‑91 s 5

   Prohibition on financial assistance being applied to other purposes by operation of law or in the course of civil proceedings

   s 50ins A1999‑91 s 5

   Other rights not affected

   s 51ins A1999‑91 s 5

   Recovery of financial assistance

   pt 4 hdgorig pt 4 hdg ins A1996‑68 s 6

   renum as pt 6 hdg A1999‑91 s 7

   pres pt 4 ins A1999‑91 s 5

   Preliminary

   div 4.1 hdg(prev pt 4 div 1 hdg) ins A1999‑91 s 5

   renum R6 LA

   Definitions—pt 4

   s 52ins A1999‑91 s 5

   am A2006‑23 amdt 1.303

   Recovery from assisted people

   div 4.2 hdg(prev pt 4 div 2 hdg) ins A1999‑91 s 5

   renum R6 LA

   Repayment of financial assistance if civil damages recovered

   s 53ins A1999‑91 s 5

   am A2011‑22 amdt 1.467

   Recovery from offenders

   div 4.3 hdg(prev pt 4 div 3 hdg) ins A1999‑91 s 5

   renum R6 LA

   Provisional order for restitution

   s 54ins A1999‑91 s 5

   am A2004‑60 amdts 1.698-1.700; A2006‑23 amdt 1.304; ss renum A2006‑23 amdt 1.305

   Notice of objection by defendant

   s 55ins A1999‑91 s 5

   am A2004‑60 amdt 1.700

   Confirmation of provisional order—no recovery proceedings

   s 56ins A1999‑91 s 5

   Confirmation of provisional order—recovery proceedings in Magistrates Court

   s 57ins A1999‑91 s 5

   am A2004‑60 amdt 1.701

   Arrangements for payment under order for restitution

   s 58ins A1999‑91 s 5

   Confirmed order for restitution

   s 59ins A1999‑91 s 5

   am A2004‑60 amdt 1.702

   Effect of appeals against award of financial assistance, and variations of awards

   s 60ins A1999‑91 s 5

   Appeals to Supreme Court

   s 61ins A1999‑91 s 5

   sub A2006‑40 amdt 2.209

   Order for restitution—judgment debt

   s 61AArenum as s 61A

   Order for restitution—judgment debt

   s 61Aorig s 61A

   renum as s 61B

   pres s 61A

   (prev s 61AA) ins A2007‑22 amdt 1.57

   renum as s 61A A2007‑22 amdt 1.58

   am A2011‑52 amdt 3.198

   Recovery under restitution orders—Confiscation of Criminal Assets Act

   s 61B(prev s 61A) ins A2006‑23 amdt 1.306

   renum as s 61B A2007‑22 amdt 1.58

   Effect of order for restitution on civil proceedings

   s 62ins A1999‑91 s 5

   Access to information about defendant’s whereabouts

   s 63ins A1999‑91 s 5

   am A2000‑80 amdt 3.34, amdt 3.35; A2007‑8 amdt 1.22

   Reimbursement of offenders

   div 4.4 hdg(prev pt 4 div 4 hdg) ins A1999‑91 s 5

   renum R6 LA

   Reimbursement of offender if amounts paid under div 4.2 and div 4.3

   s 64ins A1999‑91 s 5

   Compensation levy

   pt 5 hdg(prev pt 3 hdg) ins A1996‑68 s 6

   renum A1999‑91 s 7

   Meaning of levy—pt 5

   s 65(prev s 34A) ins A1996‑68 s 6

   renum A1999‑91 s 7

   am A1999‑91 sch 1

   Application—pt 5

   s 66(prev s 34B) ins A1996‑68 s 6

   am A1999‑50 sch; A1999‑79 sch 3; A1999‑64 sch 2

   renum A1999‑91 s 7

   am A2000‑80 amdt 3.36; A2001‑62 amdt 1.28; A2005‑20 amdt 3.459; A2006‑23 amdt 1.307; A2008‑20 amdt 4.55

   (2) (a) (i) note exp 2 June 2011 (see A2005‑58 s 147 (2) (c))

   Extended meaning of convicted—pt 5

   s 67 hdgsub A2008‑28 amdt 3.171

   s 67(prev s 34C) ins A1996‑68 s 6

   am A1999‑64 sch 2

   renum A1999‑91 s 7

   sub A2006‑23 amdt 1.308

   Imposition of levy

   s 68(prev s 34D) ins A1996‑68 s 6

   renum A1999‑91 s 7

   am A2000‑32 s 4

   Exemptions

   s 69(prev s 34E) ins A1996‑68 s 6

   renum A1999‑91 s 7

   am A2006‑23 amdt 1.309

   Effect of appeal etc

   s 70(prev s 34F) ins A1996‑68 s 6

   renum A1999‑91 s 7

   Miscellaneous

   pt 6 hdg(prev pt 4 hdg) ins A1996‑68 s 6

   renum A1999‑91 s 7

   Registrar’s annual report

   s 71(prev s 35) am Ord1990‑5 sch 1; A1992‑7 s 6

   renum A1999‑91 s 7

   am A1999‑91 sch 1; A2000‑80 amdt 3.37

   sub A2004‑9 amdt 1.50

   om A2015‑16 amdt 1.28

   Review of Act and victims services scheme

   s 72ins A1999‑91 s 6

   om A2007‑39 amdt 3.130

   Approved forms

   s 73(prev s 36) am Ord1990‑5 sch 1

   renum A1999‑91 s 7

   sub A2000‑80 amdt 3.38; A2001‑44 amdt 1.4249

   (4)-(7) exp 12 September 2002 (s 73 (7))

   am A2007‑39 amdt 3.131, amdt 3.132

   Regulation-making power

   s 73Ains A2001‑44 amdt 1.4249

   Transitional

   pt 7 hdgins A2001‑11 amdt 3.270

   exp 31 December 2003 (s 79 (1))

   Definitions for pt 7

   s 74ins A2001‑11 amdt 3.270

   exp 31 December 2003 (s 79 (1))

   Proceedings begun on or before 23 June 1998

   s 75ins A2001‑11 amdt 3.270

   exp 31 December 2003 (s 79 (1))

   Undetermined applications—proceedings begun after 23 June 1998

   s 76ins A2001‑11 amdt 3.270

   exp 31 December 2003 (s 79 (1))

   Variation of orders—proceedings begun after 23 June 1998

   s 77ins A2001‑11 amdt 3.270

   am R6 LA

   exp 31 December 2003 (s 79 (1))

   Claims for special assistance if compensation for pain and suffering not available

   s 78ins A2001‑11 amdt 3.270

   exp 31 December 2003 (s 79 (1))

   Expiry of pt 7

   s 79ins A2001‑11 amdt 3.270

   am A2001‑44 amdt 1.4250

   exp 31 December 2003 (s 79 (1))

   Schedule

   scham A1991‑13 s 10; A1991‑44 s 7; A1999‑91 sch 1

   om R6 LA

   Dictionary

   dictins A2007‑39 amdt 3.133

   am A2010‑10 amdt 2.120; A2011‑22 amdt 1.468; A2012‑21 amdt 3.209, amdt 3.210

   def amount of financial assistance ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def another law ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def applicant ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def application sub A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   sub A2008‑28 amdt 3.172

   def application also ins A2007‑39 amdt 1.133

   om A2008‑28 amdt 3.172

   def assisted person ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def close family member ins A1999‑91 s 5

   am A2003‑14 amdt 1.108

   reloc from s 2 A2007‑39 amdt 3.127

   om A2011‑52 amdt 3.199

   def convicted ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def conviction ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def court sub A1991‑13 s 3

   am A1992‑7 s 6

   sub A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def criminal conduct sub A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def criminal injury ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def damage sub A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def damages ins A1999‑91 s 5

   am A2000‑80 amdt 3.29

   reloc from s 2 A2007‑39 amdt 3.127

   def defendant ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def dependant sub A1999‑91 s 5

   am A2007‑39 amdt 3.126

   reloc from s 2 A2007‑39 amdt 3.127

   om A2011‑52 amdt 3.199

   def eligible property damage ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def eligible property owner ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def extremely serious injury ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def final award ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def financial assistance ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def guardian ins A1999‑91 s 5

   am A2000‑80 amdt 3.30

   reloc from s 2 A2007‑39 amdt 3.127

   am A2008‑20 amdt 3.46; A2011‑22 amdt 1.469

   om A2011‑52 amdt 3.199

   def health professional ins A1999‑91 s 5

   sub A2004‑39 amdt 11.1

   reloc from s 2 A2007‑39 amdt 3.127

   om A2010‑10 amdt 2.121

   def injury sub A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def interim award ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def levy ins A2007‑39 amdt 3.133

   def minor crime ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def notice of objection ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def offence sub A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def order for restitution ins A2008‑28 amdt 3.172

   def order for restriction ins A2007‑39 amdt 3.133

   om A2008‑28 amdt 3.172

   def primary victim ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def provisional order for restitution ins A2008‑28 amdt 3.172

   def provisional order for restriction ins A2007‑39 amdt 3.133

   om A2008‑28 amdt 3.172

   def recovery proceedings ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def registrar ins A1991‑44 s 7

   om A1992‑7 s 3

   ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def related crime ins A2007‑39 amdt 3.133

   sub A2008‑28 amdt 3.172

   def related victim ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def serious crime ins A1999‑91 s 5

   am A2002‑11 amdt 2.108; A2002‑51 amdt 1.55; A2004‑56 amdt 1.53; A2005‑53 amdt 1.151

   reloc from s 2 A2007‑39 amdt 3.127

   def sexual crime ins A1999‑91 s 5

   am A2002‑11 amdt 2.109; A2002‑51 amdt 1.56; A2005‑53 amdt 1.152

   reloc from s 2 A2007‑39 amdt 3.127

   om A2011‑52 amdt 3.199

   def victim ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def victims services scheme ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

   def violent crime ins A1999‑91 s 5

   reloc from s 2 A2007‑39 amdt 3.127

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order.

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	A1991‑13	31 May 1991
2	A1992‑7	31 August 1992
3	A1994‑38	31 July 1994
4	A1996‑68	1 January 1997
5	A1999‑91	1 March 2000
6	A2001‑44	12 September 2001
7	A2001‑62	3 December 2001
8	A2001‑62	11 April 2002
9	A2002‑11	28 May 2002
10	A2002‑11	13 September 2002
11	A2002‑51	1 January 2003
12	A2003‑14	28 March 2003
13	A2003‑14	24 December 2003
14	A2004‑15	9 April 2004
15	A2004‑15	13 April 2004
16	A2004‑28	1 July 2004
17	A2004‑60	10 January 2005
18	A2004‑60	6 March 2005
19	A2005‑20	2 June 2005
20	A2005‑20	7 July 2005
21	A2005‑53	23 November 2005
22	A2006‑23	2 June 2006
23	A2006‑23	16 June 2006
24	A2006‑23	2 July 2006
25	A2006‑40	29 September 2006
26	A2006‑40	9 January 2007
27	A2007‑22	6 September 2007
28	A2007‑22	10 November 2007
29	A2007‑39	27 December 2007
30	A2008‑22	29 July 2008
30 (RI)	A2008‑22	30 August 2011
31	A2008‑28	26 August 2008
31 (RI)	A2008‑28	30 August 2011
32	A2008‑28	27 October 2008
32 (RI)	A2008‑28	30 August 2011
33	A2008‑28	14 February 2009
33 (RI)	A2008‑28	30 August 2011
34*	A2008‑28	27 February 2009
34 (RI)	A2008‑28	30 August 2011
35	A2010‑10	1 July 2010
35 (RI)	A2010‑10	30 August 2011
36	A2010‑29	28 February 2011
36 (RI)	A2010‑29	30 August 2011
37	A2010‑29	3 June 2011
37 (RI)	A2010‑29	30 August 2011
38	A2011‑22	1 July 2011
38 (RI)	A2011‑22	30 August 2011
39	A2011‑52	12 December 2011
40	A2012‑21	5 June 2012
41	A2015-16	3 June 2015
Includes retrospective amendments by A2011‑27

©  Australian Capital Territory 2016