Victims Support and Rehabilitation Amendment Rule 2010 (NSW)

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2010 No 737

New South Wales

Victims Support and Rehabilitation

Amendment Rule 2010

under the

Victims Support and Rehabilitation Act 1996

Her Excellency the Governor, with the advice of the Executive Council, has made the following Rule under the Victims Support and Rehabilitation Act 1996.

JOHN HATZISTERGOS, MLC

Attorney General

Explanatory note
The object of this Rule is to amend the Victims Support and Rehabilitation Rule 1997 as a consequence of amendments made to the Victims Support and Rehabilitation Act 1996 (the Act) by the Courts and Crimes Legislation Further Amendment Act 2010. In particular, this Rule:

(a)

provides that applications for Victims Assistance under the Act must include full particulars of the actual expenses for which Victims Assistance is sought, and

2010 No 737

Clause 1 Victims Support and Rehabilitation Amendment Rule 2010

Victims Support and Rehabilitation Amendment Rule

2010

under the

Victims Support and Rehabilitation Act 1996

1      Name of Rule

This Rule is the Victims Support and Rehabilitation Amendment
Rule 2010.

2      Commencement

This Rule commences on 1 January 2011.

2010 No 737

Victims Support and Rehabilitation Amendment Rule 2010

Amendment of Victims Support and Rehabilitation Rule 1997 Schedule 1
Schedule 1 Amendment of Victims Support and
Rehabilitation Rule 1997

[1]      Clause 3 Definition

Omit “Victims Compensation Act 1996” from the definition of the Act.
Insert instead “Victims Support and Rehabilitation Act 1996”.

[2]      Clause 7A

Omit the clause. Insert instead:

7A Victims Assistance—details of actual expenses

An application for Victims Assistance is to include full particulars of the actual expenses for which Victims Assistance is sought, including receipts, invoices and other forms of substantiation of the expenditure incurred as the Director approves.

[3]      Clause 12 Professional costs—applications for compensation and proceedings before Tribunal

Insert after clause 12 (5):

(6) Subclauses (1)–(5) of this clause and the Table to this clause, as in force immediately before the commencement of the Victims Support and Rehabilitation Amendment Rule 2010, continue to apply to an application for statutory compensation that was determined by the Tribunal or a compensation assessor before the commencement of that Rule.

[4]      Clause 12, Table

Omit the matter relating to the heading “General” in the Table.
Insert instead:
(1) For work carried out by a solicitor or barrister
in relation to the lodgment of an application
for compensation, preparation of material
required to enable the application to be
determined and for work after determination
(a) in the case of an application Up to $825

determined by the awarding of
compensation

2010 No 737

Victims Support and Rehabilitation Amendment Rule 2010

Schedule 1 Amendment of Victims Support and Rehabilitation Rule 1997
(2) For work carried out by a solicitor or barrister
in relation to an appeal to the Tribunal
(a) in the case of an appeal determined Up to $500

without a hearing

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