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CRIMINAL OFFENCE VICTIMS BILL 1995

      Queensland




CRIMINAL OFFENCE
 VICTIMS BILL 1995

 


 

Queensland CRIMINAL OFFENCE VICTIMS BILL 1995 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2--FUNDAMENTAL PRINCIPLES OF JUSTICE FOR VICTIMS OF CRIME Division 1--Explanatory provisions 4 Reasons for declaration and its effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Who is a victim under the declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Division 2--Declaration of fundamental principles 6 Fair and dignified treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Access to justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Guidelines to help response to victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Information to be provided to victim about crime prevention methods . . . . 8 10 Privacy of victim to be protected and property returned . . . . . . . . . . . . . . . 9 11 Victim's version of events to be reported as soon as reasonably possible after crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12 Protection from violence and intimidation from accused person . . . . . . . . . 9 13 Welfare of victim to be considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 14 Information during sentencing of impact of crime on victim . . . . . . . . . . . . 10 15 Information about investigation and prosecution of offender . . . . . . . . . . . . 11 16 Victim to be advised on role as witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Information about services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Information about compensation or restitution . . . . . . . . . . . . . . . . . . . . . . . 13

 


 

2 Criminal Offence Victims PART 3--COMPENSATION FOR PERSONAL INJURY FROM INDICTABLE OFFENCES Division 1--Explanation 19 Scheme for compensation for injury, death and expenses from indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Meaning of "injury" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Meaning of "personal offence" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Relationship of compensation under this part to rights under common law or otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Payments by State are ex gratia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2--Application to a court 24 Court may make an order compensating someone injured by personal offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 25 What amount may be required to be paid under a compensation order . . . 16 26 When single or multiple compensation orders may be made . . . . . . . . . . . 17 27 Order for repayment of amounts paid by State under division 3 . . . . . . . . . 19 28 Provisions about the convicted person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 29 Compensation or repayment orders are not part of a sentence of a convicted person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Application proceeding is civil and strict evidence rules need not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 31 No cost orders on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3--Application to the government 32 Application for payment by State of amount of unsatisfied compensation order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 33 Application for payment by State of compensation for injury from personal offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 34 Application to State for payment for injury suffered when helping a police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 35 Application to State for payments about someone's murder or manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 36 How applications are processed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 37 Payment from consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 38 State's subrogation rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39 Governor in Council may delegate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 40 Time within which applications for compensation must be made . . . . . . . . 25

 


 

3 Criminal Offence Victims 41 Order for extension of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 PART 4--MISCELLANEOUS 42 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 44 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 45 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 5--TRANSITIONAL 46 Application of Act to previous acts and to subsequent acts and events . . . 28 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 30 COMPENSATION TABLE SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 32 AMENDMENTS SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 38 DICTIONARY

 


 

 

1995 A BILL FOR An Act to establish principles of justice for victims of criminal offences, and to make provision for the payment of compensation to them

 


 

s1 6 s4 Criminal Offence Victims The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Criminal Offence Victims Act 1995. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 dictionary 7 Definitions--the 3. The dictionary in schedule 3 defines particular words used in this Act.1 8 PART 2--FUNDAMENTAL PRINCIPLES OF 9 JUSTICE FOR VICTIMS OF CRIME 10 Division 1--Explanatory provisions 11 for declaration and its effect 12 Reasons 4.(1) The need for the declaration set out in this part arises out of national 13 and international concern about the position of the victims of crime in the 14 justice system. 15 (2) The purpose of the declaration is to advance the interests of victims of 16 crime by stating some fundamental principles of justice that should be 17 observed in dealings with victims of crime. 18 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).

 


 

s4 7 s4 Criminal Offence Victims (3) The declaration is a way of informing victims of crime, in an easily 1 understood way, of the principles they can expect will underlie the treatment 2 given to them by public officials. 3 (4) It is immaterial to the declaration whether an offender has been 4 identified, arrested, prosecuted or convicted. 5 (5) The declaration and guidelines made under the declaration-- 6 (a) are not enforceable by criminal or civil redress; and 7 (b) do not affect the validity, or provide grounds for review, of 8 anything done or not done, or a decision made or not made, in 9 contravention of them; and 10 (c) do not override the Criminal Practice Rules 1900 or the rules of 11 evidence in a criminal proceeding. 12 (6) However, Parliament encourages victims of crime to assert the 13 principles in ways that do not involve legal process or proceedings. 14 (7) Also, public officials and entities are authorised to have regard to the 15 declaration and guidelines and are urged to do so to the extent that it is-- 16 (a) within or relevant to their functions; and 17 (b) practicable for them to do so. 18 (8) Subsection (5) does not prevent disciplinary action2 being taken 19 against a public official who contravenes a requirement imposed on the 20 official under-- 21 (a) a direction given to the official by someone authorised to give 22 directions to the official; or 23 (b) a standard, rule, or other statutory instrument, including any of 24 the guidelines, binding on the official. 25 (9) Subsection (7) does not affect a confidentiality obligation of a public 26 official. 27 2 For an example of disciplinary action, see the Police Service Administration Act 1990, section 7.4 (Disciplinary action).

 


 

s5 8 s9 Criminal Offence Victims is a victim under the declaration 1 Who 5. A "victim" is a person who has suffered harm from a violation of the 2 State's criminal laws-- 3 (a) because a crime is committed that involves violence committed 4 against the person in a direct way; or 5 (b) because the person is a member of the immediate family of, or is 6 a dependant of, a victim mentioned in paragraph (a); or 7 (c) because the person has directly suffered the harm in intervening 8 to help a victim mentioned in paragraph (a). 9 Division 2--Declaration of fundamental principles 10 and dignified treatment 11 Fair 6. A victim should be treated-- 12 (a) with courtesy, compassion and respect for personal dignity; and 13 (b) in a way that is responsive to age, gender, ethnic, cultural and 14 linguistic differences or disability or other special need. 15 to justice 16 Access 7. A victim should be given access to the State's system of justice. 17 to help response to victims 18 Guidelines 8.(1) The responsiveness of public officials dealing with victims should 19 be helped by providing appropriate guidelines for putting these principles 20 into effect. 21 (2) The guidelines should be provided by the public official or entity 22 ordinarily responsible for guiding the conduct of the public officials. 23 to be provided to victim about crime prevention methods 24 Information 9. A victim should be given, on request, information about ways to 25 prevent crime. 26

 


 

s 10 9 s 12 Criminal Offence Victims 1 Example-- 2 The department in which the Local Government Act 1993 is administered conducts a 3 home secure program that advises home owners about ways to secure their homes. of victim to be protected and property returned 4 Privacy 10.(1) A victim's privacy should be protected. 5 (2) A victim's property that is held for an investigation or as evidence 6 should be returned to the victim as soon as reasonably possible. 7 (3) Inconvenience to a victim should be minimised. 8 (4) A law enforcement officer should inform a victim of the following 9 provisions, if it would help a victim to have the benefit of the principles 10 mentioned in subsections (1) to (3)-- 11 (a) Criminal Practice Rules 1900, order 9, rule 9;3 12 (b) Justices Act 1886, section 39;4 13 (c) Bail Act 1980, section 16.5 14 version of events to be reported as soon as reasonably 15 Victim's possible after crime 16 11. A law enforcement officer investigating a crime should make a report 17 of a victim's version of the circumstances as soon as reasonably possible 18 after the crime happens. 19 from violence and intimidation from accused person 20 Protection 12.(1) A victim should be afforded all necessary protection from 21 violence and intimidation by a person accused of a crime against the victim. 22 3 Criminal Practice Rules 1900, order 9, rule 9 (Directions as to custody of exhibits) 4 Justices Act 1986, section 39 (Power of court to order delivery of certain property) 5 Bail Act 1980, section 16 (Refusal of bail)

 


 

s 13 10 s 14 Criminal Offence Victims (2) A law enforcement officer should inform a victim of the following 1 provisions, if it would help the victim to have the benefit of the principles 2 mentioned in subsection (1)-- 3 (a) Bail Act 1980, section 16;6 4 (b) Criminal Code, section 695A;7 5 (c) Criminal Law (Sexual Offences) Act 1978, sections 5 and 6;8 6 (d) Evidence Act 1977, section 21A.9 7 of victim to be considered 8 Welfare 13. The welfare of the victim should be considered at all appropriate 9 stages of the investigation and prosecution of a crime, without prejudice to 10 anyone who is being investigated for the crime or who has been charged 11 with the crime. 12 during sentencing of impact of crime on victim 13 Information 14.(1) At the sentencing of an offender for a crime, the prosecutor should 14 inform the sentencing court of appropriate details of the harm caused to a 15 victim by the crime. 16 (2) In deciding what details are not appropriate, the prosecutor may have 17 regard to the victim's wishes. 18 (3) A prosecutor should ensure the sentencing court has regard to the 19 following provisions, if it would help the victim to have the benefit of the 20 principle mentioned in subsection (1)-- 21 6 Bail Act 1980, section 16 (Refusal of bail) 7 Criminal Code, section 695A (Power to protect victim of violence by prohibiting publication of information about proceedings) 8 Criminal Law (Sexual offences) Act 1978, sections 5 (Exclusion of public) and 8 (Publication at large of complainant's identity prohibited) 9 Evidence Act 1977, section 21A (Evidence of special witnesses)

 


 

s 15 11 s 15 Criminal Offence Victims (a) Penalties and Sentences Act 1992, section 9(2)(c);10 1 (b) Juvenile Justice Act 1992, section 109(1)(g).11 2 about investigation and prosecution of offender 3 Information 15.(1) A victim of a crime should, on request, be advised by a law 4 enforcement officer of the following-- 5 (a) the progress of investigations being conducted about the crime, 6 unless disclosure is likely to jeopardise the investigation; 7 (b) the charges laid for the crime and details of the place and date of 8 hearing of the proceeding for the charge; 9 (c) the name of the person charged; 10 (d) the reasons for anyone's decision not to proceed with the charge 11 or to amend the charge or to accept a plea to a lesser charge; 12 (e) if the charged person is released on bail or otherwise before the 13 proceeding on the charge is finished--the arrangements made for 14 the release, including any condition and any application for 15 variation of the condition that may affect the victim's safety or 16 welfare; 17 (f) the outcome of any proceeding, including appeals. 18 (2) A victim of a crime involving personal violence, or any person in 19 relation to whom a sexual crime has been committed, should also, on 20 request, be advised by a law enforcement officer of the following-- 21 (a) the fact that the alleged offender has absconded before trial; 22 (b) the date of the start and length of sentence imposed on the 23 offender; 24 (c) further cumulative sentences imposed on the offender while in 25 custody for the offence; 26 (d) the fact that the offender has escaped from custody while under 27 10 Penalties and Sentences Act 1992, section 9 (Sentencing principles) 11 Juvenile Justice Act 1992, section 109 (Sentencing principles)

 


 

s 16 12 s 17 Criminal Offence Victims sentence; 1 (e) eligibility dates for the offender to have staged release into the 2 community, parole and final discharge for the sentence for the 3 offence; 4 (f) the fact that the offender has been transferred interstate or 5 overseas under a scheme for the transfer of persons imprisoned 6 or detained under sentence. 7 (3) Subsection (1)(c) does not apply if the offender or alleged offender is 8 a child under the Juvenile Justice Act 1992. 9 (4) A law enforcement officer should inform a victim of the following 10 provisions, if it would help the victim to have the benefit of the principles 11 mentioned in subsection (1)-- 12 (a) Corrective Services Act 1988, sections 16512 and 166; 13 (b) Penalties and Sentences Act 1992, section 157;13 14 (c) Juvenile Justice Act 1992, section 188.14 15 to be advised on role as witness 16 Victim 16. A victim of a crime who is a witness in the trial for the crime should 17 be informed by the prosecution about the trial process and the victim's role 18 as a prosecution witness. 19 about services 20 Information 17.(1) A victim should have access to information about available 21 welfare, health, counselling, medical and legal help responsive to their 22 needs. 23 12 Corrective Services Act 1988, sections 165 (Release on parole) and 166 (Eligibility for parole) 13 Penalties and Sentences Act 1992, section 157 (Eligibility for parole) 14 Juvenile Justice Act 1992, section 188 (Release of child after service of period of detention)

 


 

s 18 13 s 18 Criminal Offence Victims (2) A victim should have access to information about victim-offender 1 conferencing services. 2 3 Example of subsection (2)-- 4 The department's division of alternative dispute resolution conducts a victims of 5 crime mediation and support system that included victim-offender conferencing 6 services. Victims should have access to information about this service. about compensation or restitution 7 Information 18.(1) A victim of a crime should have access to information about how 8 the victim may obtain compensation or restitution for injury, loss or 9 damage caused to the victim by the crime. 10 (2) A victim of crime is entitled, on request, to have relevant information 11 provided by the victim placed before the court by the prosecutor in an 12 application for an order for compensation or restitution for injury or for loss 13 of, or damage to, property caused by the crime. 14 (3) A prosecutor should inform a victim of the following provisions, if it 15 would help the victim to have the benefit of the principles mentioned in 16 subsection (1)-- 17 (a) part 3;15 18 (b) Penalties and Sentences Act 1992, sections 9(2)(e) and 35;16 19 (c) Juvenile Justice Act 1992, section 192.17 20 (4) If compensation for injury caused to a victim by a crime against the 21 victim's person cannot be obtained from the offender or other sources, the 22 victim should have recourse to a criminal injuries compensation scheme 23 provided by the State. 24 15 Part 3 (Compensation for personal injury from indictable offences) 16 Penalties and Sentences Act 19892, sections 9 (Sentencing principles) and 35 (Order for restitution or compensation) 17 Juvenile Justice Act 1992, section 192 (Restitution, compensation)

 


 

s 19 14 s 20 Criminal Offence Victims ART 3--COMPENSATION FOR PERSONAL 1 P INJURY FROM INDICTABLE OFFENCES 2 Division 1--Explanation 3 for compensation for injury, death and expenses from 4 Scheme indictable offence 5 19.(1) This part establishes a scheme for the payment of compensation to 6 a person (the "applicant")-- 7 (a) for injury suffered by the applicant caused by a personal offence 8 committed against the applicant; or 9 (b) for the death of someone on whom the applicant was dependent, 10 caused in circumstances constituting murder or manslaughter; or 11 (c) for funeral or other expenses from the death of a member of the 12 applicant's family, caused in circumstances constituting murder 13 or manslaughter; or 14 (d) for injury suffered when helping a police officer to make an arrest 15 or prevent an offence. 16 (2) The part does not allow anyone to apply to a court or to the State for 17 the payment of an amount for-- 18 (a) injury caused to the applicant by an offence to which the applicant 19 was a party; or 20 (b) an unlawful killing to which the applicant was a party. 21 of "injury" 22 Meaning 20. "Injury" is bodily injury, mental or nervous shock, pregnancy or 23 any injury specified in the compensation table or prescribed under a 24 regulation. 25

 


 

s 21 15 s 24 Criminal Offence Victims of "personal offence" 1 Meaning 21. A "personal offence" is an indictable offence committed against the 2 person of someone. 3 of compensation under this part to rights under 4 Relationship common law or otherwise 5 22.(1) A right, entitlement or remedy under this part is in addition to, 6 does not limit, and is not in substitution for, any right, entitlement or 7 remedy under common law or otherwise. 8 (2) Subsection (1) is subject to section 38.18 9 (3) Compensation provided to an applicant under this part is intended to 10 help the applicant and is not intended to reflect the compensation to which 11 the applicant may be entitled under common law or otherwise. 12 (4) The maximum amount of compensation provided under this part is 13 reserved for the most serious cases and the amounts provided in other cases 14 are intended to be scaled according to their seriousness. 15 by State are ex gratia 16 Payments 23. Payments made by the State under this part are made even though the 17 State has no obligation to make the payments. 18 2--Application to a court 19 Division may make an order compensating someone injured by personal 20 Court offence 21 24.(1) This section applies if someone (the "convicted person")-- 22 (a) is convicted on indictment of a personal offence; or 23 (b) is convicted on indictment and a personal offence is taken into 24 18 Section 38 (State's subrogation rights)

 


 

s 25 16 s 25 Criminal Offence Victims account on sentence. 1 (2) The person against whom the personal offence is committed may 2 apply to the court before which the person is convicted for an order that the 3 convicted person pay compensation to the applicant for the injury suffered 4 by the applicant because of the offence. 5 (3) The court may make an order (a "compensation order") for an 6 amount to be paid by the convicted person to the applicant because of the 7 injury. 8 amount may be required to be paid under a compensation 9 What order 10 25.(1) In making a compensation order, a court is limited to ordering the 11 payment of an amount decided under this section. 12 (2) A compensation order may only order the payment to the applicant of 13 a total amount of not more than the prescribed amount (the "scheme 14 maximum"). 15 (3) If more than 1 amount is payable under subsections (4) to (6), the 16 amounts must be added together, and, if the total is more than the scheme 17 maximum, only the scheme maximum may be ordered to be paid. 18 (4) In deciding the amount that should be ordered to be paid for an injury 19 specified in the compensation table, the court is limited to making an order 20 for-- 21 (a) if there is only 1 percentage listed opposite the injury--an amount 22 up to the amount that is the listed percentage of the scheme 23 maximum; or 24 (b) if there is a range of percentages listed opposite the injury--an 25 amount that is within the listed range of percentages of the 26 scheme maximum. 27 (5) In deciding the amount that should be ordered to be paid for an injury 28 specified under a regulation, the court is limited to making an order for the 29 prescribed amount. 30 (6) In deciding the amount that should be ordered to be paid for an injury 31 to which subsections (4) and (5) do not apply, the court must decide the 32 amount by-- 33

 


 

s 26 17 s 26 Criminal Offence Victims (a) comparing the injury with injuries to which subsections (4) and 1 (5) apply; and 2 (b) having regard to the amounts that may be ordered to be paid for 3 those injuries. 4 (7) In deciding whether an amount, or what amount, should be ordered 5 to be paid for an injury, the court must have regard to everything relevant, 6 including, for example, any behaviour of the applicant that directly or 7 indirectly contributed to the injury. 8 (8) A decision on the amount that should be ordered to be paid under a 9 compensation order-- 10 (a) does not involve applying principles used to decide common law 11 damages for personal injuries; and 12 (b) is to be decided by applying the principles mentioned in 13 section 22(3) and (4).19 14 single or multiple compensation orders may be made 15 When 26.(1) The purpose of this section is to ensure that, for applications, harm 16 that substantially should be treated as a single state of injury is treated as a 17 single injury, even though it may consist of more than 1 injury or be caused 18 by more than 1 incident. 19 (2)The objective is to ensure that the way in which incidents of personal 20 offences happen or personal offences are prosecuted does not cause-- 21 (a) inequity of treatment between applicants; or 22 (b) an unjustifiable multiplicity of applications to the State under 23 division 3 about substantially the same harm. 24 (3) Subject to subsections (7) and (8), only 1 compensation order may be 25 made in favour of an applicant because of-- 26 (a) injury suffered from a substantially single incident, whether 27 consisting of 1 or more than 1 personal offence; or 28 (b) a substantially single state of injury suffered from a series of 29 19 Section 22 (Relationship of compensation under this part to rights under common law or otherwise)

 


 

s 26 18 s 26 Criminal Offence Victims incidents of personal offences. 1 (4) In deciding whether an applicant has suffered a substantially single 2 state of injury, the court may have regard to the following-- 3 (a) the applicant's injuries; 4 (b) the time over which the injuries were caused; 5 (c) the similarity of, or connection between, the injuries; 6 (d) the similarity of, or connection between, the events that caused the 7 injury; 8 (e) anything else that is relevant. 9 (5) A single compensation order may be made against more than 10 1 convicted person. 11 (6) If a single compensation order is made against more than 1 convicted 12 person, the order may provide for-- 13 (a) separate liability of a convicted person scaled according to the 14 person's direct and material contribution to the injury; or 15 (b) joint liability of more than 1 convicted person for an amount 16 payable under the order; or 17 (c) both the separate liability mentioned in paragraph (a) for an 18 amount and joint liability for the amount. 19 (7) Without limiting subsection (5), if each of more than 1 convicted 20 person directly and materially contributed to injury mentioned in 21 subsection (3)(a) and (b), a court may make a compensation order against 22 each of more than 1 of the convicted persons. 23 (8) If compensation orders are made against more than 1 convicted 24 person under subsection (7)-- 25 (a) the total amount payable under all the orders must not be more 26 than the scheme maximum; and 27 (b) the orders-- 28 (i) must provide for separate liability for each of the convicted 29 persons for an amount scaled according to the convicted 30 person's contribution to the injury; and 31 (ii) may also provide for joint liability of more than 1 convicted 32

 


 

s 27 19 s 28 Criminal Offence Victims person for an amount for which a convicted person is 1 separately liable. 2 (9) To remove doubt, section 2520 is declared to apply to compensation 3 orders mentioned in subsections (5) and (7), subject to subsection (8)(a). 4 for repayment of amounts paid by State under division 3 5 Order 27. (1) This section applies if-- 6 (a) the State decides to pay anyone an amount under section 3521 7 about someone's murder or manslaughter; and 8 (b) anyone is convicted of the murder or manslaughter. 9 (2) On the State's application, the court before which the person is 10 convicted may make an order (a "repayment order") requiring the 11 convicted person to pay to the State an amount up to the amount paid or to 12 be paid by the State under section 35. 13 about the convicted person 14 Provisions 28.(1) Before an application to a court for a compensation or repayment 15 order against a convicted person is decided, the convicted person must be 16 notified of the application. 17 (2) If money belonging to the convicted person has come into the 18 possession of a police officer or the court during the investigation or 19 proceedings for the relevant offence, the court may order it to be applied 20 towards the payment of an amount owing under the compensation or 21 repayment order. 22 (3) A compensation or repayment order made against the convicted 23 person may be enforced as a judgement of the court in its civil jurisdiction. 24 20 Section 25 (What amount may be required to be paid under a compensation order) 21 Section 35 (Application to State for payments about someone's murder or manslaughter)

 


 

s 29 20 s 32 Criminal Offence Victims or repayment orders are not part of a sentence of a 1 Compensation convicted person 2 29. A compensation or repayment order made by a court against a 3 convicted person-- 4 (a) is in addition to any other sentence or order the court may make 5 against the person; and 6 (b) is not, for any purpose, to be taken to be part of a sentence passed 7 against the person. 8 proceeding is civil and strict evidence rules need not apply 9 Application 30.(1) A proceeding on an application to a court for a compensation or 10 repayment order is a civil proceeding. 11 (2) Without limiting subsection (1), issues of fact on the application must 12 be decided on the balance of probabilities. 13 (3) On an application, the court may receive information in any form the 14 court considers appropriate. 15 16 Example-- 17 The court may decide to receive information about an applicant's medical condition 18 in the form of a medical report produced and tendered by the applicant, the 19 prosecutor for the convicted person's trial (if the application is made at the time of 20 the trial), or the applicant's lawyer. cost orders on application 21 No 31. A court is unable to make an order for the payment of costs of an 22 application for a compensation or repayment order. 23 3--Application to the government 24 Division for payment by State of amount of unsatisfied 25 Application compensation order 26 32.(1) A person entitled to be paid an amount under a compensation 27 order may make an application for the State to pay all or part of the amount 28

 


 

s 33 21 s 33 Criminal Offence Victims to the applicant. 1 (2) The State may pay to the applicant all or part of the amount requested. 2 for payment by State of compensation for injury from 3 Application personal offence 4 33.(1) This section applies to anyone who has suffered injury because of 5 any of the following acts committed against the person-- 6 (a) an act for which someone has been tried on indictment for a 7 personal offence, but found not guilty because the charged person 8 was of unsound mind when doing the act; 9 (b) an act for which someone would have been tried on indictment 10 for a personal offence, but for the fact that the person-- 11 (i) has been found not fit for trial under the Mental Health Act 12 1974, part 4;22 or 13 (ii) is not criminally responsible for the act because the person 14 was under 10 years when doing the act; 15 (c) a personal offence for which someone would have been tried on 16 indictment, but for the fact that the person cannot be identified or 17 found after appropriate inquiry and search. 18 (2) The person may make an application for payment of an amount by 19 the State for the injury. 20 (3) An applicant relying on an offence mentioned in subsection (1)(c), if 21 the person who did the act was never charged because the person was never 22 identified or found, must show that the act was reported, as soon as 23 possible having regard to all the circumstances, to-- 24 (a) a police officer; or 25 (b) for a sexual offence--a police officer, doctor or an appropriate 26 agency. 27 22 Mental Health Act 1974, part 4 (Patients concerned in criminal and like proceedings)

 


 

s 34 22 s 35 Criminal Offence Victims 1 Example of an appropriate agency-- 2 A report by a rape victim to a community centre that generally gives help to victims 3 of rape. (4) The State may pay all or part of the amount requested up to the 4 amount that could have been ordered to be paid to the applicant under a 5 compensation order if the person who committed the act or offence were 6 convicted on indictment of the act or offence. 7 to State for payment for injury suffered when helping a 8 Application police officer 9 34.(1) This section applies if anyone suffers an injury when helping a 10 police officer to make, or attempt to make, an arrest, or to prevent, or 11 attempt to prevent, an offence or suspected offence. 12 (2) The person may make an application for payment of an amount by 13 the State for the injury. 14 (3) The State may pay all or part of the amount requested up to the 15 amount that could have been ordered to be paid to the applicant under a 16 compensation order if someone were convicted on indictment of a personal 17 offence causing the injury. 18 to State for payments about someone's murder or 19 Application manslaughter 20 35.(1) A person may make an application for payment from the State of 21 an amount mentioned in subsection (2) or (3) if someone dies in 22 circumstances constituting murder or manslaughter. 23 (2) A dependant of the deceased person may apply for payment of-- 24 (a) an amount up to the prescribed amount; and 25 (b) an amount up to the prescribed amount for expenses for the 26 deceased person's funeral; and 27 (c) an amount up to the prescribed amount for other expenses for 28 damage caused in the course of the relevant crime's commission. 29 (3) A member of the deceased person's family who was not a dependant 30 of the deceased may apply for a payment of-- 31

 


 

s 36 23 s 36 Criminal Offence Victims (a) an amount up to the prescribed amount for expenses for the 1 deceased's funeral; and 2 (b) an amount up to the prescribed amount for other expenses for 3 damage caused in the course of the relevant crime's commission. 4 (4) The State may pay all or part of the amount asked for to the relevant 5 prescribed amount. 6 (5) Payment may be made for someone's death under only 1 of either 7 subsection (2) or (3), with payment under subsection (2) to have priority 8 over payment under subsection (3). 9 (6) The total of all amounts paid for someone's death under each 10 provision authorising payment of an amount up to a prescribed amount 11 must not be more than that prescribed amount. 12 applications are processed 13 How 36.(1) An application under this division must be made to the Minister in 14 the approved form. 15 (2) The application is to be decided by the Governor in Council. 16 (3) The Governor in Council may approve the payment of an amount 17 only if satisfied that payment is justified in all the circumstances. 18 (4) For all applications, the Governor in Council may have regard to the 19 following-- 20 (a) particulars of the application; 21 (b) the circumstances in which the injury, manslaughter or murder 22 happened; 23 (c) anything prescribed under a regulation; 24 (d) anything else the Governor in Council considers appropriate. 25 (5) For applications for injury suffered by the applicant, the Governor in 26 Council may have regard to the following-- 27 (a) the terms of any compensation order that may have been made; 28 (b) particulars of the injury; 29 (c) particulars of any medical examination of the applicant carried out 30

 


 

s 37 24 s 38 Criminal Offence Victims about the time of the relevant criminal violence; 1 (d) particulars of any medical examination of the applicant that may 2 have been requested by the Minister; 3 (e) any amounts that the applicant has received, or the Governor in 4 Council considers the applicant would have received, if the 5 applicant had exhausted all relevant rights of action and other legal 6 remedies available to the applicant because of the injury. 7 (6) The Governor in Council may defer a decision on the application until 8 any information mentioned in subsections (4) and (5) is ascertained. 9 (7) A decision of the Governor in Council to approve a payment by the 10 State-- 11 (a) must specify the amount; and 12 (b) may state the way the amount is to be paid; and 13 (c) may impose conditions. 14 from consolidated fund 15 Payment 37.(1) An amount paid by the State under this division is to be paid by 16 the Treasurer from the consolidated fund. 17 (2) The amount is declared to be appropriated from the consolidated 18 fund. 19 subrogation rights 20 State's 38.(1) The State is subrogated, to the extent of any payment made by it, 21 to all the rights and remedies the injured person has for the injury against 22 anyone responsible for the injury. 23 (2) Subsections (3) and (4) apply if-- 24 (a) the State decides to pay an amount to an injured person; and 25 (b) the person becomes entitled, whether by a court order or by a 26 compromise of action, to receive an amount for the injury from 27 the person responsible for the injury. 28 (3) The State has a first charge over the amount to the extent of the 29

 


 

s 39 25 s 40 Criminal Offence Victims amount paid to the injured person by the Treasurer. 1 (4) An entitlement the injured person may have to receive further 2 amounts as part of the payment from the State stops unless the Governor in 3 Council otherwise directs. 4 (5) If anyone is convicted on indictment before a court for a personal 5 offence causing the injury, the court may make any order necessary to give 6 effect to the State's rights under this section, on the State's application. 7 (6) Subsections (2) to (5) do not limit subsection (1). 8 in Council may delegate 9 Governor 39. The Governor in Council may delegate its power under this division 10 to the Minister. 11 Division 4--Time within which applications must be made 12 within which applications for compensation must be made 13 Time 40.(1) An application to a court for a compensation order against a 14 convicted person must be made-- 15 (a) within 3 years after the end of the convicted person's trial; or 16 (b) if the applicant is a child at the time of the trial--before the end of 17 3 years after the child becomes an adult; or 18 (c) with the court's order under section 4123--at any other time. 19 20 Example 1-- 21 G is convicted on indictment of unlawful grievous bodily harm of V. V is a witness at 22 the trial and medical evidence about the harm is presented at the trial. 23 The prosecutor, or V's lawyer, at the end of G's sentence, makes an application for a 24 compensation order. The trial court decides the application then. 25 Example 2-- 26 R is convicted on indictment for the rape of V, a young child. 27 The prosecutor at the trial, or another lawyer acting on V's behalf, makes an 23 Section 41 (Order for extension of time)

 


 

s 41 26 s 41 Criminal Offence Victims 1 application for a compensation order and asks that the application be adjourned to a 2 day to be fixed. 3 The presiding judge makes the order on the basis that, having regard to the age of the 4 child and other relevant circumstances, it is appropriate that the application be 5 decided when the applicant is older. 6 Example 3-- 7 R is convicted before a District Court on indictment for the rape of V, a young child. 8 When V is 19, V applies to a District Court for a compensation order. 9 V has not previously made an application. 10 The Supreme Court accepts and decides the application. (2) An application to the State under section 33, 34 or 3524 must be 11 made-- 12 (a) within 3 years of the time when the relevant event happens; or 13 (b) if the applicant is a child when the relevant event happens--before 14 the end of 3 years after the child becomes an adult; or 15 (c) with the Minister's order under section 4125--at any other time. 16 (3) In this section-- 17 "relevant event" means the act, offence, helping of a police officer, murder 18 or manslaughter to which an application relates. 19 for extension of time 20 Order 41.(1) The Limitation of Actions Act 1974, sections 30 and 3126 apply to 21 24 Section 33 (Application for payment by State of compensation for injury from personal offence), section 34 (Application to State for payment for injury suffered when helping a police officer) or section 35 (Application for payments by State about someone's murder or manslaughter) 25 Section 41 (Order for extension of time) 26 Limitations of Actions Act 1974, sections 30 (Interpretation) and 31 (Ordinary actions)

 


 

s 42 27 s 42 Criminal Offence Victims applications mentioned in section 40(1) and (2)27 with the intention that, on 1 application-- 2 (a) a court may order that the period of limitation under 3 section 40(1)28 for an application to which the subsection applies 4 be extended under the Limitation of Actions Act 1974, 5 section 31(2);29 and 6 (b) the Minister may order that the period of limitation under 7 section 40(2) for an application to which the subsection applies be 8 extended under the Limitation of Actions Act 1974, 9 section 31(2).30 10 (2) The Limitation of Actions Act 1974, sections 30 and 3131 apply-- 11 (a) as if the applications mentioned in section 40(1) and (2) were 12 actions for damages for trespass; and 13 (b) with changes under subsection (1) and all other necessary 14 changes. 15 ART 4--MISCELLANEOUS 16 P 17 Applications 42.(1) The Director of Public Prosecutions may make an application 18 27 Section 40 (Time within which applications for compensation must be made) 28 Section 40 (Time within which applications for compensation must be made) 29 Limitations of Actions Act 1974, section 31 (Ordinary actions) 30 Limitation of Actions Act 1974, section 31 (Ordinary actions) 31 Limitation of Actions Act 1974, sections 30 (Interpretation) and 31 (Ordinary actions)

 


 

s 43 28 s 46 Criminal Offence Victims under section 2432 for a compensation order for an injured person. 1 (2) The Director of Public Prosecutions may make any application that 2 may be made by the State under this Act. 3 of forms 4 Approval 43. The chief executive may approve forms for use under this Act. 5 making power 6 Regulation 44.(1) The Governor in Council may make regulations under this Act. 7 (2) A regulation may provide a process for considering or dealing with 8 an application to the State under part 3, division 3.33 9 amended in sch 2 10 Acts 45. Schedule 2 amends the Acts mentioned in it. 11 ART 5--TRANSITIONAL 12 P of Act to previous acts and to subsequent acts and events 13 Application 46.(1) Part 334 does not apply to injury suffered by anyone because of an 14 act done before the commencement. 15 32 Section 24 (Court may make an order compensating someone injured by personal offence) 33 Part 3 (Compensation for personal injuries from indictable offences), division 3 (Application to the government) 34 Part 3 (Compensation for personal injury from indictable offences)

 


 

s 46 29 s 46 Criminal Offence Victims (2) If the Criminal Code, chapter 65A35 would have applied to an injury 1 mentioned in subsection (1) if the chapter had not been omitted, the chapter 2 applies to the injury as if the chapter had not been omitted. 3 (3) Part 3 applies only-- 4 (a) for applications under section 2436--to injury suffered because of 5 a personal offence mentioned in section 24(1) that happens after 6 the commencement; and 7 (b) for applications under section 3337--to injury suffered because of 8 an act or personal offence mentioned in section 33(1) that 9 happens after the commencement; and 10 (c) for applications under section 3438--to injury suffered when 11 helping a police officer after the commencement; and 12 (d) for applications under section 3539--to an offence of murder or 13 manslaughter that happens after the commencement. 14 (3) In this section-- 15 "commencement" means the commencement of part 3. 16 "Criminal Code" means the Criminal Code that is set out in the Criminal 17 Code Act 1899, schedule 1. 18 19 35 Criminal Code, chapter 65A (Compensation for injury) 36 Section 24 (Court may make an order compensating someone injured by personal offence) 37 Section 33 (Application for payment by State of compensation for injury from personal offence) 38 Section 34 (Application to State for payment for injury suffered when helping a police officer) 39 Section 35 (Application to State for payments about murder or manslaughter)

 


 

30 Criminal Offence Victims CHEDULE 1 1 S COMPENSATION TABLE 2 sections 20 and 25(4) 3 Injury percentage of scheme maximum 1. Bruising/laceration etc. (minor/moderate) . . . . . 1%-3% 2. Bruising/laceration etc. (severe) . . . . . . . . . . . . . 3%-5% 3. Fractured nose (no displacement) . . . . . . . . . . . 5%-8% 4. Fractured nose (displacement/surgery) . . . . . . . 8%-20% 5. Loss or damage of teeth . . . . . . . . . . . . . . . . . . . 1%-12% 6. Facial fracture (minor) . . . . . . . . . . . . . . . . . . . . 8%-14% 7. Facial fracture (moderate) . . . . . . . . . . . . . . . . . 14%-20% 8. Facial fracture (severe) . . . . . . . . . . . . . . . . . . . . 20%-30% 9. Fractured skull/head injury (no brain damage) . 5%-15% 10. Fractured skull (brain damage--minor/moderate) 10%-25% 11. Fractured skull (brain damage--severe) . . . . . . 25%-100% 12. Fractured collarbone . . . . . . . . . . . . . . . . . . . . . 7%-15% 13. Fracture/loss of use of shoulder . . . . . . . . . . . . . 8%-23% 14. Fracture/loss of use of hip . . . . . . . . . . . . . . . . . 8%-23% 15. Fracture/loss of use of arm/wrist (minor) . . . . . 4%-10% 16. Fracture/loss of use of arm/wrist (displaced 4 and immobilised) . . . . . . . . . . . . . . . . . . . . . . . . 8%-30% 17. Fracture/loss of use of finger . . . . . . . . . . . . . . . 2%-8% 18. Fracture/loss of use of toe/foot (minor/moderate) 2%-5% 19. Fracture/loss of use of leg/ankle 5 (minor/moderate) . . . . . . . . . . . . . . . . . . . . . . . . 4%-10% 20. Fracture/loss of use of leg/ankle (severe) . . . . . . 8%-25% 21. Neck/back/chest injury (minor) . . . . . . . . . . . . . 2%-7% 22. Neck/back/chest injury (moderate) . . . . . . . . . . 5%-10% 23. Neck/back/chest injury (severe) . . . . . . . . . . . . . 8%-40% 24. Gun shot/stab wounds (minor) . . . . . . . . . . . . . 6%-10%

 


 

31 Criminal Offence Victims SCHEDULE 1 (continued) 25. Gun shot/stab wounds (moderate) . . . . . . . . . . . 8%-16% 26. Gun shot/stab wound (severe) . . . . . . . . . . . . . . 15%-40% 27. Facial disfigurement or bodily scarring 1 (minor/moderate) . . . . . . . . . . . . . . . . . . . . . . . . 2%-10% 28. Facial disfigurement or bodily scarring (severe) 10%-30% 29. Loss of vision (one eye) . . . . . . . . . . . . . . . . . . 70% 30. Loss of vision (both eyes) . . . . . . . . . . . . . . . . . 100% 31. Mental or nervous shock (minor) . . . . . . . . . . . 2%-10% 32. Mental or nervous shock (moderate) . . . . . . . . . 10%-20% 33. Mental or nervous shock (severe) . . . . . . . . . . . 20%-34% 34. Paraplegia/quadriplegia . . . . . . . . . . . . . . . . . . . 100% 35. Loss of hearing (1 ear) . . . . . . . . . . . . . . . . . . . . 2%-20% 36. Loss of hearing (both ears) . . . . . . . . . . . . . . . . 4%-50% 2

 


 

32 Criminal Offence Victims CHEDULE 2 1 S MENDMENTS 2 A section 45 3 CRIMINAL CODE (1899) 4 1. Chapter 65A-- 5 omit. 6 2. Before section 696, in chapter 71-- 7 insert-- 8 `Power to protect victim of violence by prohibiting publication of 9 information about proceedings 10 `695A.(1) This section applies to-- 11 (a) a judge of a court-- 12 (i) to which someone has been committed for trial or sentence 13 for an indictable offence involving personal violence; or 14 (ii) before which an indictment has been presented for an 15 offence involving personal violence; and 16 (b) a magistrate summarily hearing and deciding a proceeding for an 17 indictable offence involving personal violence, including a 18 committal proceeding. 19 `(2) The judge or magistrate may make an order prohibiting, indefinitely 20 or for a specified time, the publication of information about the address of a 21 person against whom the violence is alleged to have been committed. 22 `(3) The order may be made on application by the person, or by the 23 prosecution acting in the person's interests. 24 `(4) The order may be made only if the information is not relevant to the 25 guilt or innocence of the charged person. 26

 


 

33 Criminal Offence Victims SCHEDULE 2 (continued) `(5) An application for an order under this division may be made-- 1 (a) in chambers; and 2 (b) only in the presence of persons the judge or magistrate allows. 3 `(6) On the hearing of the application the judge or magistrate may receive 4 and act on information the judge or magistrate considers appropriate. 5 `(7) In this section-- 6 "address", of a person, means the address of the person's residence, 7 school, place of employment or other address. 8 "proceeding for an offence involving personal violence" includes a 9 proceeding for an application under the Criminal Offence Victims Act 10 1995, part 3.'. 11 CRIMINAL CODE (1995) 12 1. Section 416-- 13 omit, insert-- 14 `General provisions 15 `416.(1) This division authorises a judge or magistrate to prohibit 16 publication of certain information about proceedings for crimes. 17 `(2) This division applies to-- 18 (a) a judge of the court to which a person has been committed for 19 trial or sentence or before which an indictment has been 20 presented; and 21 (b) a magistrate summarily hearing and deciding a proceeding for a 22 crime, including a committal proceeding. 23 `(3) An application for an order under this division may be made-- 24 (a) in chambers; and 25

 


 

34 Criminal Offence Victims SCHEDULE 2 (continued) (b) only in the presence of persons the judge or magistrate allows. 1 `(4) On the hearing of the application the judge or magistrate may receive 2 and act on information the judge or magistrate considers appropriate. 3 `Power to prohibit publication of proceedings about drugs misuse 4 offences 5 `416A.(1) This section applies to a proceeding for a drugs misuse 6 offence. 7 `(2) The judge or magistrate may make an order prohibiting, indefinitely 8 or for a specified time, the publication of-- 9 (a) all or part of the proceeding for the offence; and 10 (b) the name and address of a witness. 11 `(3) The order may be made on application by the State. 12 `(4) When considering the application regard must be had to-- 13 (a) the safety of anyone; and 14 (b) the extent to which the detection of similar offences may be 15 affected; and 16 (c) the need to guarantee the confidentiality of information given by 17 an informer. 18 `Power to protect victim of violence by prohibiting publication of 19 information about proceedings 20 `416B.(1) This section applies to a proceeding for an offence involving 21 personal violence. 22 `(2) The judge or magistrate may make an order prohibiting, indefinitely 23 or for a specified time, the publication of information about the address of a 24 person against whom the violence is alleged to have been committed. 25 `(3) The order may be made on application by the person, or by the 26 prosecution acting in the person's interests. 27

 


 

35 Criminal Offence Victims SCHEDULE 2 (continued) `(4) The order may be made only if the information is not relevant to the 1 guilt or innocence of the charged person. 2 `(5) In this section-- 3 "address", of a person, means the address of the person's residence, 4 school, place of employment or another address. 5 "proceeding for an offence involving personal violence" includes a 6 proceeding for an application under the Criminal Offence Victims Act 7 1995, part 3. 8 `Saving of other relevant provisions 9 `416C. This division is in addition to, and not in substitution for, the 10 Children's Services Act 1965, section 13840 and the Juvenile Justice Act 11 1992, section 62.41'. 12 2. Schedule 2, part 2-- 13 insert-- 14 `CRIMINAL OFFENCE VICTIMS ACT 1995 15 `Section 12(2)(b) to (d)-- 16 omit, insert-- 17 40 Children's Services Act 1965, section 138 (Restrictions on reporting proceeding concerning child) 41 Juvenile Justice Act 1992, section 62 (Publication prohibited)

 


 

36 Criminal Offence Victims SCHEDULE 2 (continued) (b) Criminal Code, section 416B;42 1 (c) Evidence Act 1977, sections 21A, 129P and 129Q;43'. 2 BAIL ACT 1980 3 1. Section 16(1)(a)(ii)-- 4 omit, insert-- 5 `(ii) would while released on bail-- 6 (A) commit an offence; or 7 (B) endanger the safety or welfare of a person who is 8 claimed to be a victim of the offence with which the 9 defendant is charged or anyone else's safety or welfare; 10 or 11 (C) interfere with witnesses or otherwise obstruct the 12 course of justice, whether for the defendant or anyone 13 else; or'. 14 42 Criminal Code, section 416B (Power to protect victim of violence by prohibiting publication of proceedings) 43 Evidence Act 1974, sections 21A (Evidence of special witnesses), 129P (Exclusion of public) and 129Q (Publication at large of complainant's identity prohibited)

 


 

37 Criminal Offence Victims SCHEDULE 2 (continued) JUVENILE JUSTICE ACT 1992 1 1. Part 5, div 10-- 2 omit, insert-- 3 `Division 10--Application of Criminal Offence Victims Act 1995 4 `Civil compensation orders 5 `195. To remove doubt, it is declared the Criminal Offence Victims Act 6 1995, applies to an offence committed by a child, unless the contrary 7 intention appears.'. 8 PENALTIES AND SENTENCES ACT 1992 9 1. Section 5(1)-- 10 omit, insert-- 11 `5.(1) The value of a penalty unit is-- 12 (a) for the Justices Act 1886, part 4A,44 or an infringement notice 13 penalty under the part--$60; or 14 (b) in any other case, for this or another Act--$75.'. 15 16 44 Justices Act 1886, part 4A (Infringement notices)

 


 

38 Criminal Offence Victims CHEDULE 3 1 S section 3 2 ICTIONARY 3 D "act" includes omission. 4 "appeals" includes applications for leave to appeal. 5 "approved form" see section 43.45 6 "civil or criminal redress" means a proceeding for the enforcement of a 7 right or obligation, whether the right or obligation is substantive or 8 procedural, direct or indirect. 9 "compensation order" see section 24(3). 10 "confidentiality obligation" means an obligation to maintain 11 confidentiality about particular information under an Act, oath, or rule 12 of law or practice. 13 "convicted" means found guilty, or having a plea of guilty accepted, by a 14 court. 15 "convicted person" for part 3, see section 24(1). 16 "court" for an application to a court before which a person has been 17 convicted, includes a court of the same court level as that court. 18 "court of the same court level"-- 19 (a) as the Supreme Court--means the Supreme Court at any sittings 20 anywhere; or 21 (b) as a District Court--means any District Court at any sittings 22 anywhere. 23 "crime" means any indictable offence and, for part 2, includes domestic 24 violence. 25 "declaration" means the declaration of the principles of justice for victims 26 45 Section 43 (Approval of forms)

 


 

39 Criminal Offence Victims SCHEDULE 3 (continued) of crime stated in part 2.46 1 "dependant", of someone, is a person who is completely or partly 2 financially dependent on the income of the other person. 3 "doing" an act includes making an omission. 4 "domestic violence" see the Domestic Violence (Family Protection) Act 5 1989, section 11(1).47 6 "grounds for review", of an act or decision, means grounds-- 7 (a) allowing the act or decision to be challenged, appealed against, 8 reviewed, quashed or called into question in or by any court or 9 tribunal; or 10 (b) for any injunctive, declaratory or other relief, remedy or order to 11 be asked for or granted whether by way of application under the 12 Judicial Review Act 1991, prerogative writ or otherwise. 13 "guidelines" means the guidelines made under the declaration under 14 section 8.48 15 "harm" means physical, mental or emotional harm. 16 "injury" for part 3, see section 20. 17 "injury specified in the compensation table" includes any injury 18 substantially similar to an injury specified in the compensation table. 19 "injury specified under a regulation" includes an injury substantially 20 similar to an injury specified under a regulation. 21 "law enforcement agency" includes the following-- 22 (a) the police service; 23 46 Part 2 (Fundamental principles of justice for victims of crime) 47 Domestic Violence (Family Protection) Act 1989, section 11 (What is domestic violence) 48 Section 8 (Guidelines to help victims of crime)

 


 

40 Criminal Offence Victims SCHEDULE 3 (continued) (b) the office of the director of public prosecutions; 1 (c) any other department, office or agency of the State, or a statutory 2 body (other than a court or judicial tribunal ), that has a function 3 to investigate or take action about violations of the State's 4 criminal laws. 5 "law enforcement officer" means-- 6 (a) a police officer; or 7 (b) a prosecutor in a criminal trial; or 8 (c) an officer of a law enforcement agency; 9 and includes, for section 15(2),49 an officer of the corrective services 10 commission. 11 "personal offence", for part 3,50 see section 21. 12 "prescribed amount" means an amount prescribed under a regulation. 13 "public entity" means any of the following-- 14 (a) a law enforcement agency; 15 (b) a department; 16 (c) the administrative office of a court or tribunal; 17 (d) an entity prescribed under a regulation; 18 but does not include any of the following-- 19 (e) a GOC; 20 (f) the following entities under, or within the meaning of, the 21 Education (General Provisions) Act 1989-- 22 (i) a parents and citizens association; 23 (ii) a school that is not a State school; 24 49 Section 15 (Information about investigation and prosecution of offender) 50 Part 3 (Compensation for personal injury from indictable offences)

 


 

41 Criminal Offence Victims SCHEDULE 3 (continued) (iii) an advisory committee;51 1 (iv) an international educational institution;52 2 (g) an entity prescribed under a regulation; 3 "public official" means any of the following-- 4 (a) a law enforcement officer; 5 (b) an officer or employee of a public entity; 6 (c) a constituent member of a public entity, whether holding office by 7 election or selection; 8 (d) anyone prescribed under a regulation; 9 but does not include any of the following-- 10 (e) a judicial officer; 11 (f) anyone prescribed by regulation. 12 "repayment order", for part 3,53 see section 27(2). 13 "scheme maximum" see section 25(2). 14 "sentencing court", for part 2,54 means a court before which an offender is 15 sentenced. 16 "trial" includes a proceeding in which a person is sentenced. 17 "victim", see section 5. 18 "violation of the State's criminal laws" includes domestic violence. 19 State of Queensland 1995 51 See Education (General Provisions) Act 1989, section 9. 52 See Education (General Provisions) Act 1989, section 75. 53 Part 3 (Compensation for personal injury from indictable offences). 54 Part 2 (Fundamental principles of justice for victims of crime).

 


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