Victims of Crime (Statutory Compensation) Variation Regulations 2016 (SA)

South Australia

Victims of Crime (Statutory Compensation) Variation Regulations 2016

under the Victims of Crime Act 2001

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Victims of Crime (Statutory Compensation) Regulations 2004

4            Substitution of regulation 5

5            Legal costs—prescribed amounts

5            Substitution of heading to Schedule 2

Schedule 2—Legal costs and disbursements

6            Variation of Schedule 2

1            Preliminary

2            Solicitor

3            Counsel

3A          Appeal

Part 1—Preliminary

1—Short title

These regulations may be cited as the Victims of Crime (Statutory Compensation) Variation Regulations 2016.

2—Commencement

These regulations will be taken to have come into operation on 1 July 2015 immediately after section 8 of the Victims of Crime (Compensation) Amendment Act 2016 came into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Victims of Crime (Statutory Compensation) Regulations 2004

4—Substitution of regulation 5

Regulation 5—delete the regulation and substitute:

5—Legal costs—prescribed amounts

For the purposes of section 25(1) of the Act, the prescribed amounts are as set out in Schedule 2.

5—Substitution of heading to Schedule 2

Heading to Schedule 2—delete the heading and substitute:

Schedule 2—Legal costs and disbursements

6—Variation of Schedule 2

Schedule 2, clauses 1 to 3 (inclusive)—delete the clauses and substitute:

1—Preliminary

In this Schedule—

disability has the same meaning as in the District Court Civil Rules 2006 as in force at the commencement of this clause.

2—Solicitor

(1)The prescribed amounts in relation to costs of a solicitor for a claim for compensation are as follows:

(a)for all work involved in a limited claim where the identity of the offender is known and compensation is agreed—$700 (indexed);

(b)for all work involved in a claim that is not a limited claim or a related claim—$1 400 (indexed);

(c)for all work involved in a claim that is a related claim—

(i)for the first claim—$1 400 (indexed); and

(ii)for each of the other related claims—$1 100 (indexed).

(2)The prescribed amount in relation to costs of a solicitor for all work involved in an application to the court for approval of settlement of a claim made by a person under a disability is $350 (indexed).

3—Counsel

The prescribed amounts in relation to costs of counsel for a claim for compensation are as follows:

(a)for all work preparatory to an application to the court for compensation (including advice on evidence and any other legal advice on the application, conferences and proofing witnesses) and for the first 5 hours of the hearing of the application—$1 000 (indexed);

(b)for each hour or part of an hour after the first 5 hours of the hearing of the application—$200 (indexed);

(c)for an opinion as to the settlement of a claim for compensation made by a person under a disability—$700 (indexed);

(d)for an opinion as to the settlement of a related claim for compensation made by a person under a disability—$500 (indexed).

3A—Appeal

The prescribed amount in relation to costs for an appeal is $700 (indexed).

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 11 August 2016

No 190 of 2016

AGO0089/14CS