Victorian Numbered Acts

VICTIMS OF CRIME (FINANCIAL ASSISTANCE SCHEME) ACT 2022 (NO. 21 OF 2022)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Related criminal acts  
   5.      Objectives  
   6.      Guiding principles  
   7.      Other matters to be considered  
   8.      Effect of death  

   PART 2--ELIGIBILITY FOR ASSISTANCE

           Division 1--Primary victims

   9.      Who is a primary victim?  
   10.     Assistance available to primary victims  
   11.     Special financial assistance  
   12.     Evidence of injury  

           Division 2--Secondary victims

   13.     Who is a secondary victim?  
   14.     Assistance available to secondary victims  

           Division 3--Related victims

   15.     Who is a related victim?  
   16.     Assistance available to related victims  

           Division 4--Funeral expenses

   17.     Assistance available to person incurring funeral expenses for primary victim  

           Division 5--Limits on assistance

   18.     Other entitlements to be taken into account  
   19.     Loss of earnings  
   20.     Person only eligible in one capacity  

   PART 3--APPLYING FOR AND RECEIVING ASSISTANCE

           Division 1--Applying for assistance

   21.     Who may apply for assistance?  
   22.     Form and content of application  
   23.     Time limits for applying  
   24.     Applications made out of time  
   25.     Legal or other representation  
   26.     Right to withdraw or amend application  
   27.     Lapse of application  

           Division 2--Considering and deciding applications

   28.     Standard of proof  
   29.     Duty to act expeditiously  
   30.     No hearings to be conducted  
   31.     Mandatory refusal of application  
   32.     Reasonable time for reporting act of violence  
   33.     Other matters to be taken into account  
   34.     Decision on application  
   35.     Notice of decision and statement of reasons  

           Division 3--Payment of assistance

   36.     Form of payment  
   37.     Interim assistance  
   38.     Payment of assistance to creditors  
   39.     Payment for legal or other representation  

           Division 4--Victim recognition

   40.     Victim recognition statements  
   41.     Victim recognition meetings  

           Division 5--General provisions

   42.     Assignment of rights to State  
   43.     Pursuing other remedies  

   PART 4--REVIEW, VARIATION AND REPAYMENT OF ASSISTANCE

           Division 1--Reviews

   44.     What is a reviewable decision?  
   45.     Internal reviews  
   46.     VCAT reviews  
   47.     Persons whose interests are affected  

           Division 2--Variation of assistance

   48.     Variation of assistance  
   49.     Notice of decision and statement of reasons  

           Division 3--Repayment of assistance

   50.     Repayment of assistance  
   51.     Notice of decision and statement of reasons  

   PART 5--ADMINISTRATION

           Division 1--Scheme decision maker

   52.     Scheme decision maker  
   53.     Functions of scheme decision maker  
   54.     Staff  
   55.     Delegation  

           Division 2--Information gathering and confidentiality

   56.     Information gathering  
   57.     Confidentiality  

           Division 3--General

   58.     Guidelines  
   59.     Complaints about service providers  

   PART 6--MISCELLANEOUS

           Division 1--Publication and admissibility of documents and other information

   60.     Definition of publish  
   61.     Restriction on publication of scheme documents  
   62.     Restriction on publication of scheme decisions  
   63.     Admissibility of scheme materials in legal proceedings  
   64.     Cross-examination and admissibility by consent in legal proceedings  

           Division 2--General

   65.     Obtaining assistance by fraud  
   66.     False or misleading information  
   67.     Annual report  
   68.     The Consolidated Fund  
   69.     Assistance held on trust and invested by scheme decision maker  
   70.     Payment of assistance for certain persons  
   71.     Independent review of this Act  
   72.     Indexation of maximum amounts of assistance  
   73.     Regulations  

   PART 7--TRANSITIONAL PROVISIONS

   74.     Variation of Tribunal awards  
   75.     Applications in respect of acts of violence before commencement  

   PART 8--AMENDMENT OF OTHER ACTS

           Division 1--Domestic Animals Act 1994

   76.     Prohibition on transfer of ownership of restricted breed dogs  

           Division 2--Sentencing Act 1991

   77.     Court must reduce compensation by amount of any award under Victims of Crime Assistance Act 1996  
   78.     Heading to Division 2A of Part 4 substituted  
   79.     New section 87AB inserted  
   80.     Enforcement of order under section 87A  

           Division 3--Transport (Compliance and Miscellaneous) Act 1983

   81.     Financial assistance to train drivers following fatal incidents  

           Division 4--Victims' Charter Act 2006

   82.     Compensation and financial assistance for victims  
   83.     Information about offender  

           Division 5--Victims of Crime Assistance Act 1996

   84.     New section 24A inserted  
   85.     Variation of award  

           Division 6--Victims of Crime Commissioner Act 2015

   86.     Definitions  
   87.     Functions and powers of the Commissioner  
   88.     Annual report  

           Division 7--Wrongs Act 1958

   89.     What claims are excluded from this Part?  
   90.     Application of Part  

           Division 8--Repeal of this Part

   91.     Repeal of this Part  
           ENDNOTES