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Victims of Crime (Financial Assistance Scheme) Bill 2022

   Victims of Crime (Financial Assistance Scheme)
                      Act 2022
                              No.             of 2022


                       TABLE OF PROVISIONS
Clause                                                               Page

Part 1--Preliminary                                                      1
  1      Purposes                                                       1
  2      Commencement                                                   2
  3      Definitions                                                    2
  4      Related criminal acts                                          9
  5      Objectives                                                    10
  6      Guiding principles                                            11
  7      Other matters to be considered                                12
  8      Effect of death                                               12
Part 2--Eligibility for assistance                                      13
Division 1--Primary victims                                             13
  9      Who is a primary victim?                                      13
  10     Assistance available to primary victims                       14
  11     Special financial assistance                                  15
  12     Evidence of injury                                            17
Division 2--Secondary victims                                           17
  13 Who is a secondary victim?                                        17
  14 Assistance available to secondary victims                         18
Division 3--Related victims                                             19
  15 Who is a related victim?                                          19
  16 Assistance available to related victims                           19
Division 4--Funeral expenses                                            20
  17 Assistance available to person incurring funeral expenses for
     primary victim                                                    20
Division 5--Limits on assistance                                        21
  18 Other entitlements to be taken into account                       21
  19 Loss of earnings                                                  23
  20 Person only eligible in one capacity                              23




                                          i
Clause                                                   Page

Part 3--Applying for and receiving assistance               24
Division 1--Applying for assistance                         24
 21      Who may apply for assistance?                     24
 22      Form and content of application                   25
 23      Time limits for applying                          26
 24      Applications made out of time                     27
 25      Legal or other representation                     28
 26      Right to withdraw or amend application            29
 27      Lapse of application                              30
Division 2--Considering and deciding applications           30
 28      Standard of proof                                 30
 29      Duty to act expeditiously                         30
 30      No hearings to be conducted                       31
 31      Mandatory refusal of application                  31
 32      Reasonable time for reporting act of violence     32
 33      Other matters to be taken into account            33
 34      Decision on application                           34
 35      Notice of decision and statement of reasons       35
Division 3--Payment of assistance                           36
 36      Form of payment                                   36
 37      Interim assistance                                37
 38      Payment of assistance to creditors                37
 39      Payment for legal or other representation         38
Division 4--Victim recognition                              38
 40 Victim recognition statements                          38
 41 Victim recognition meetings                            38
Division 5--General provisions                              39
 42 Assignment of rights to State                          39
 43 Pursuing other remedies                                40
Part 4--Review, variation and repayment of assistance       41
Division 1--Reviews                                         41
 44      What is a reviewable decision?                    41
 45      Internal reviews                                  42
 46      VCAT reviews                                      43
 47      Persons whose interests are affected              43
Division 2--Variation of assistance                         43
 48 Variation of assistance                                43
 49 Notice of decision and statement of reasons            45




                                        ii
Clause                                                                    Page

Division 3--Repayment of assistance                                          46
 50 Repayment of assistance                                                 46
 51 Notice of decision and statement of reasons                             47
Part 5--Administration                                                       48
Division 1--Scheme decision maker                                            48
 52      Scheme decision maker                                              48
 53      Functions of scheme decision maker                                 48
 54      Staff                                                              49
 55      Delegation                                                         50
Division 2--Information gathering and confidentiality                        50
 56 Information gathering                                                   50
 57 Confidentiality                                                         50
Division 3--General                                                          51
 58 Guidelines                                                              51
 59 Complaints about service providers                                      53
Part 6--Miscellaneous                                                        54
Division 1--Publication and admissibility of documents and other
information                                                                 54
 60      Definition of publish                                              54
 61      Restriction on publication of scheme documents                     54
 62      Restriction on publication of scheme decisions                     55
 63      Admissibility of scheme materials in legal proceedings             57
 64      Cross-examination and admissibility by consent in legal
         proceedings                                                        58
Division 2--General                                                          59
 65      Obtaining assistance by fraud                                      59
 66      False or misleading information                                    59
 67      Annual report                                                      59
 68      The Consolidated Fund                                              60
 69      Assistance held on trust and invested by scheme decision maker     60
 70      Payment of assistance for certain persons                          61
 71      Independent review of this Act                                     62
 72      Indexation of maximum amounts of assistance                        62
 73      Regulations                                                        64
Part 7--Transitional provisions                                              65
 74 Variation of Tribunal awards                                            65
 75 Applications in respect of acts of violence before
    commencement                                                            67




                                       iii
Clause                                                                Page

Part 8--Amendment of other Acts                                          69
Division 1--Domestic Animals Act 1994                                    69
 76 Prohibition on transfer of ownership of restricted breed dogs       69
Division 2--Sentencing Act 1991                                          69
 77 Court must reduce compensation by amount of any award under
    Victims of Crime Assistance Act 1996                                69
 78 Heading to Division 2A of Part 4 substituted                        70
 79 New section 87AB inserted                                           70
 80 Enforcement of order under section 87A                              72
Division 3--Transport (Compliance and Miscellaneous) Act 1983            72
 81 Financial assistance to train drivers following fatal incidents     72
Division 4--Victims' Charter Act 2006                                    73
 82 Compensation and financial assistance for victims                   73
 83 Information about offender                                          73
Division 5--Victims of Crime Assistance Act 1996                         73
 84 New section 24A inserted                                            73
 85 Variation of award                                                  74
Division 6--Victims of Crime Commissioner Act 2015                       74
 86 Definitions                                                         74
 87 Functions and powers of the Commissioner                            75
 88 Annual report                                                       75
Division 7--Wrongs Act 1958                                              75
 89 What claims are excluded from this Part?                            75
 90 Application of Part                                                 75
Division 8--Repeal of this Part                                          76
 91 Repeal of this Part                                                 76
                           ═════════════
Endnotes                                                                77
 1       General information                                            77




                                     iv
 Victims of Crime (Financial Assistance
           Scheme) Act 2022  
                    No.           of 2022

                           [Assented to                           ]


The Parliament of Victoria enacts:

                Part 1--Preliminary
     1 Purposes
             The purposes of this Act are--
              (a) to provide a new scheme to assist victims of
                  crime in their recovery from acts of violence;
                  and
              (b) to amend the Victims of Crime Assistance
                  Act 1996 in relation to the scheme set out in
                  that Act; and




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 Victims of Crime (Financial Assistance Scheme) Act 2022
                    No.       of 2022
                    Part 1--Preliminary


         (c) to amend the Victims of Crime
             Commissioner Act 2015 in relation to
             victims of crime, the functions of the
             Commissioner and reporting requirements
             under that Act; and
         (d) to make consequential amendments to other
             Acts.
2 Commencement
   (1) Subject to subsection (2), this Act comes into
       operation on a day or days to be proclaimed.
   (2) If a provision of this Act does not come into
       operation before 1 December 2024, it comes into
       operation on that day.
3 Definitions
   (1) In this Act--
       act of violence means a criminal act or a series of
            related criminal acts, committed by one or
            more persons, that has--
                (a) occurred in Victoria; and
                (b) directly resulted in injury to or the
                    death of one or more persons,
                    regardless of where injury or death
                    occurred;
             Note
             For circumstances in which a criminal act is related to
             another criminal act, see section 4.
       administration order has the same meaning as in
           the Guardianship and Administration
           Act 2019;
       application means an application for assistance or
            variation of assistance under this Act;




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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
                  Part 1--Preliminary


      child abuse has the meaning given in section 3(1)
           of the Child Wellbeing and Safety
           Act 2005;
      close family member, in relation to a deceased
           primary victim, means a person who--
              (a) at the time of the victim's death, had a
                  genuine personal relationship with the
                  victim and was also--
                    (i) the spouse or domestic partner of
                        the victim; or
                    (ii) a parent, guardian or step-parent
                         of the victim; or
                   (iii) a child or step-child of the victim;
                         or
                   (iv) a child of whom the victim was
                        the guardian; or
                    (v) a sibling or step-sibling of the
                        victim; or
              (b) is a close family member under
                  subsection (2);
      criminal act means an act or omission by a person
           that--
              (a) constitutes a relevant offence; or
              (b) would constitute a relevant offence, if
                  the person were not incapable of being
                  criminally responsible for the act or
                  omission due to--
                    (i) age, mental impairment or any
                        other legal incapacity that
                        prevents the person from having a
                        required fault element of the
                        offence; or




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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
                  Part 1--Preliminary


                    (ii) the existence of any other lawful
                         defence;
      dependant, in relation to a deceased primary
          victim, means--
              (a) an individual who--
                    (i) was wholly or substantially
                        dependent on the victim's income
                        at the time of the victim's death; or
                    (ii) would have been so dependent if
                         not for the victim's incapacity due
                         to the injury from which the
                         person died; or
              (b) a child of the victim, born after the
                  victim's death, who would have been a
                  dependant under paragraph (a) if born
                  before the victim's death;
      domestic partner has the same meaning as in the
          Family Violence Protection Act 2008;
      family violence has the meaning given in
           section 5 of the Family Violence Protection
           Act 2008;
      function includes a power, an authority and a
           duty;
      guardian, in relation to a victim or an applicant
          for assistance (except in section 21(3) and
          (4)), does not include--
              (a) the Secretary within the meaning of the
                  Children, Youth and Families
                  Act 2005; or
              (b) a guardian appointed under the
                  Guardianship and Administration
                  Act 2019;




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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
                   Part 1--Preliminary


      injury, in relation to an act of violence, means the
           following--
              (a) actual physical harm;
              (b) psychological or psychiatric harm;
              (c) exacerbation of a pre-existing injury
                  constituted by actual physical harm or
                  psychological or psychiatric harm;
              (d) any combination of matters referred to
                  in paragraphs (a), (b) and (c) arising
                  from the act of violence;
              (e) any trauma that is--
                     (i) associated with the act of
                         violence; and
                    (ii) determined by the scheme
                         decision maker to be an injury for
                         the purposes of this Act--
            but does not include any of the matters
            referred to in paragraphs (a) to (e) to the
            extent that they arise from loss of or damage
            to property;
            Note
            For trauma determined to be an injury, see subsection
            (3).
      interim assistance means assistance under
            section 37;
      internal review means a review under section 45;
      legal practitioner means an Australian legal
           practitioner;
      legal proceeding has the same meaning as in the
           Evidence (Miscellaneous Provisions)
           Act 1958;




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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
                  Part 1--Preliminary


      medical expenses includes dental, optometry,
          physiotherapy, psychiatric treatment,
          psychological treatment, hospital and
          ambulance expenses;
      member of staff means a person referred to in
         section 54(a) or (b);
      parent, in relation to a child, means the
           following--
              (a) a biological parent of the child;
              (b) a step-parent of the child;
              (c) an adoptive parent of the child;
              (d) a foster parent of the child;
              (e) a guardian of the child;
              (f) a person who has responsibility for the
                  care, welfare and development of the
                  child;
      primary victim--see section 9;
      related criminal act means a criminal act that is
            related to another criminal act as provided in
            section 4;
      related victim--see section 15;
      relevant offence means any of the following--
              (a) an offence punishable by imprisonment
                  that involves assault on, or injury or
                  threat of injury to, a person;
              (b) an offence against Subdivision (8A),
                  (8B), (8C), (8D), (8E), (8F) or (8FA) of
                  Division 1 of Part I of the Crimes
                  Act 1958 or any corresponding
                  previous enactment (sexual offences);
              (c) an offence at common law of rape or
                  assault with intent to rape;



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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
                  Part 1--Preliminary


              (d) an offence against Division 4A of Part I
                  of the Summary Offences Act 1966;
              (e) an offence against section 21A(1)
                  (stalking), 63 (child stealing) or 63A
                  (kidnapping) of the Crimes Act 1958
                  or any corresponding previous
                  enactment;
              (f) an offence against section 77A (home
                  invasion) or 77B (aggravated home
                  invasion) of the Crimes Act 1958;
              (g) an offence prescribed by the
                  regulations;
              (h) an offence of conspiracy to commit,
                  incitement to commit or attempting to
                  commit an offence referred to in
                  paragraphs (a) to (g);
      scheme decision maker means the person
          employed in accordance with section 52;
      secondary victim--see section 13;
      Secretary means Secretary to the Department of
           Justice and Community Safety;
      sexual offence means an offence against
          Subdivision (8A), (8B), (8C), (8D), (8E),
          (8F) or (8FA) of Division 1 of Part I of the
          Crimes Act 1958 or any corresponding
          previous enactment (sexual offences) or an
          offence at common law of rape or assault
          with intent to rape;
      significant adverse effect, in relation to a victim,
           includes any grief, distress, trauma or injury
           experienced or suffered by the victim as a
           direct result of the act of violence, but does
           not include any loss of or damage to
           property;



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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
                  Part 1--Preliminary


      special financial assistance means assistance
           referred to in section 11;
      special reporting category means a category of
           persons prescribed to be a special reporting
           category;
      spouse, of a person, means another person to
           whom the person is married;
      Tribunal means the Victims of Crime Assistance
           Tribunal established by Part 3 of the Victims
           of Crime Assistance Act 1996;
      victim means primary victim, secondary victim or
            related victim;
      victim recognition meeting--see section 41(1);
      victim recognition statement--see section 40.
  (2) For the purposes of paragraph (b) of the definition
      of close family member, a person is a close family
      member of a deceased primary victim if--
        (a) the victim regarded the person as a close
            family member at the time of the victim's
            death; and
        (b) the scheme decision maker considers that it
            is reasonable to treat the person as a close
            family member, having regard to the
            circumstances of the relationship.
  (3) For the purposes of paragraph (e) of the definition
      of injury, the scheme decision maker may
      determine that trauma associated with an act of
      violence is an injury for the purposes of this Act if
      satisfied, on the basis of medical or psychological
      evidence, that treatment or counselling is required
      for a primary victim or a secondary victim as a
      result of the trauma.




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 Victims of Crime (Financial Assistance Scheme) Act 2022
                    No.       of 2022
                   Part 1--Preliminary


   (4) For the purposes of section 11 and with respect to
       a person who is a primary victim under
       section 9(5), in this Act--
         (a) references to a primary victim must be
             construed as including a reference to that
             person; and
         (b) references to an act of violence, including in
             the definition of significant adverse effect in
             subsection (1), must be construed as if that
             person had suffered an injury; and
         (c) references to an injury must be construed as
             if the significant adverse effect experienced
             or suffered by that person were an injury
             suffered by that person.
4 Related criminal acts
   (1) Subject to this section, a criminal act is related to
       another criminal act if--
         (a) the acts were committed against the same
             person and--
               (i) occurred at approximately the same
                   time; or
               (ii) occurred over a period of time and were
                    committed by the same person or
                    persons; or
              (iii) share some other common factor--
             unless the scheme decision maker considers
             that, having regard to the circumstances of
             those acts, they ought not to be treated as
             related criminal acts; or
         (b) the acts contributed to the injury or death on
             which an application to the scheme decision
             maker is based, unless the scheme decision
             maker considers that, having regard to the




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 Victims of Crime (Financial Assistance Scheme) Act 2022
                    No.       of 2022
                   Part 1--Preliminary


             circumstances of those acts, they ought not
             to be treated as related criminal acts; or
         (c) the scheme decision maker otherwise
             considers that the acts ought to be treated as
             related criminal acts.
   (2) A criminal act in respect of which assistance has
       been paid under this Act is not related to another
       criminal act occurring after assistance was first
       paid in respect of that criminal act.
   (3) A criminal act may be related to another criminal
       act even if charges for offences arising out of
       those acts are tried or heard separately.
   (4) For the purposes of this Act, a series of related
       criminal acts committed by one or more persons
       constitutes a single act of violence.
5 Objectives
       The objectives of this Act are--
         (a) to recognise victims of crime, and the impact
             of acts of violence on victims, by providing a
             respectful forum for victims to be heard and
             to have their experiences properly
             acknowledged by the State; and
         (b) to assist victims in their recovery from acts
             of violence by providing financial assistance;
             and
         (c) to complement other services provided to
             victims by the State; and
         (d) to enable victims to receive financial
             assistance under this Act, noting that such
             assistance is not intended to reflect the level
             of compensation that may be available to
             victims at common law or otherwise.




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 Victims of Crime (Financial Assistance Scheme) Act 2022
                    No.       of 2022
                   Part 1--Preliminary


6 Guiding principles
       In making a decision or taking action under this
       Act, a person must have regard to the following
       principles--
         (a) this Act and the scheme that it provides are
             to support the wellbeing and dignity of
             victims;
         (b) victims should be protected from further
             trauma, intimidation or distress;
         (c) the needs of victims, including their safety
             and wellbeing, are of paramount importance;
         (d) the needs of victims may vary;
         (e) subject to the requirements of this Act, the
             scheme should be accessible and flexible in
             providing assistance to victims;
         (f) the scheme should promote cultural safety
             for victims who are of Aboriginal or Torres
             Strait Islander descent by--
               (i) acknowledging Aboriginal and Torres
                   Strait Islander people as descendants of
                   Australia's first people; and
               (ii) acknowledging that Aboriginal and
                    Torres Strait Islander people have been
                    disproportionately affected by the
                    criminal justice system in a way that
                    has contributed to criminalisation,
                    disconnection, intergenerational trauma
                    and entrenched social disadvantage;
                    and
              (iii) acknowledging that victims of
                    Aboriginal or Torres Strait Islander
                    descent have cultural rights and familial
                    and Aboriginal community connections
                    relevant to assistance under this Act.



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 Victims of Crime (Financial Assistance Scheme) Act 2022
                    No.       of 2022
                   Part 1--Preliminary


7 Other matters to be considered
       In making a decision or taking action under this
       Act, a person must also have regard to--
         (a) the objectives of this Act; and
         (b) any relevant principles set out in Part 2 of the
             Victims' Charter Act 2006.
8 Effect of death
       On the death of a primary victim--
         (a) the victim ceases to be eligible for assistance
             under this Act; and
         (b) eligibility for assistance does not pass to the
             victim's estate.




                           12
 Victims of Crime (Financial Assistance Scheme) Act 2022
                    No.       of 2022
             Part 2--Eligibility for assistance



   Part 2--Eligibility for assistance
        Division 1--Primary victims
9 Who is a primary victim?
   (1) A primary victim of an act of violence is a person
       who is injured or dies as a direct result of an act of
       violence committed against the person.
   (2) A person is also a primary victim of an act of
       violence if the person is injured or dies as a direct
       result of trying to--
         (a) arrest someone whom the person believes on
             reasonable grounds has committed an act of
             violence; or
         (b) prevent the commission of an act of
             violence; or
         (c) aid or rescue someone whom the person
             believes on reasonable grounds is a victim of
             an act of violence--
       whether or not an act of violence is actually
       committed.
   (3) A person is also a primary victim of an act of
       violence if the person--
         (a) is injured as a direct result of hearing or
             witnessing, or otherwise being exposed to
             the effects of, the act of violence; and
         (b) is under the age of 18 years at the time of the
             commission of the act of violence.
   (4) A person is also a primary victim of an act of
       violence if the person is in a category of persons
       prescribed by the regulations.
   (5) For the purposes of special financial assistance
       only, a person is also a primary victim of an act of
       violence if the person experiences or suffers any



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   Victims of Crime (Financial Assistance Scheme) Act 2022
                      No.       of 2022
                Part 2--Eligibility for assistance


         significant adverse effect as a direct result of an
         act of violence committed against the person.
     (6) A person is not a primary victim of an act of
         violence if the person committed, and is
         criminally responsible for, that act of violence.
         Note
         See also Subdivision (1) of Division 1 of Part II of the
         Crimes Act 1958 for circumstances in which a person
         involved in the commission of an offence is taken to have
         committed the offence.
10 Assistance available to primary victims
     (1) A primary victim is eligible for assistance of up to
         $60 000 or the higher prescribed amount plus any
         special financial assistance paid in accordance
         with section 11.
         Note
         The maximum amount of assistance is subject to
         indexation--see section 72.
     (2) The amount of assistance to a primary victim may
         be made up of amounts--
           (a) for expenses actually incurred, or reasonably
               likely to be incurred, by the primary victim
               for reasonable counselling services; and
           (b) for medical expenses actually and reasonably
               incurred, or reasonably likely to be incurred,
               by the primary victim as a direct result of the
               act of violence; and
           (c) of up to $20 000 or the higher prescribed
               amount for loss of earnings suffered, or
               reasonably likely to be suffered, by the
               primary victim as a direct result of the act of
               violence; and
                Note
                The maximum amount of assistance for loss of
                earnings is subject to indexation--see section 72.



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   Victims of Crime (Financial Assistance Scheme) Act 2022
                      No.       of 2022
               Part 2--Eligibility for assistance


           (d) for expenses incurred by the primary victim
               through loss of or damage to clothing worn
               at the time of the commission of the act of
               violence; and
           (e) for safety-related expenses actually and
               reasonably incurred, or reasonably likely to
               be incurred, by the primary victim as a direct
               result of the act of violence.
     (3) In exceptional circumstances, there may also be
         included in the amount of assistance paid to a
         primary victim within the limit set by subsection
         (1) an amount for other expenses actually and
         reasonably incurred, or reasonably likely to be
         incurred, by the primary victim to assist the
         primary victim's recovery from the act of
         violence.
     (4) Except as provided by subsection (2)(d) or (e), a
         primary victim is not entitled to assistance for
         expenses incurred through loss of or damage to
         property.
11 Special financial assistance
     (1) A primary victim is eligible for special financial
         assistance in accordance with this section if--
           (a) either--
                 (i) an act of violence was committed
                     against the person; or
                 (ii) the person is a primary victim of an act
                      of violence referred to in section 9(3);
                      and
           (b) the person has experienced or suffered a
               significant adverse effect as a direct result of
               that act of violence; and
           (c) that act of violence is in a category of acts of
               violence prescribed by the regulations for the
               purposes of this section.


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Victims of Crime (Financial Assistance Scheme) Act 2022
                   No.       of 2022
            Part 2--Eligibility for assistance


  (2) The amount of special financial assistance is--
        (a) the minimum amount prescribed by the
            regulations in relation to the relevant
            category of act of violence if the scheme
            decision maker is satisfied that the applicant
            has experienced or suffered any significant
            adverse effect as a direct result of the act of
            violence; and
        (b) an increased amount up to the maximum
            amount prescribed by the regulations in
            relation to the relevant category of act of
            violence if the scheme decision maker is
            satisfied that the applicant has suffered any
            injury as defined in section 3(1) as a direct
            result of the act of violence.
  (3) For the purposes of this section the regulations
      may--
        (a) prescribe an act of violence or a class of act
            of violence as a category A, B, C or D act of
            violence; and
        (b) prescribe minimum and maximum amounts
            in relation to each category of acts of
            violence.
  (4) The scheme decision maker may be satisfied that
      an act of violence of a particular category was
      involved even though--
        (a) no person has been charged with, or found
            guilty or convicted of, an act of violence of
            that category in relation to the injury; or
        (b) a person has been charged with, or found
            guilty or convicted of, an act of violence of a
            different category in relation to the injury.




                           16
  Victims of Crime (Financial Assistance Scheme) Act 2022
                     No.       of 2022
               Part 2--Eligibility for assistance


12 Evidence of injury
        The regulations may prescribe categories of
        primary victims who are to be taken, for the
        purposes of this Act, to have suffered an injury as
        a result of, or in connection with, an act of
        violence without having to provide any evidence
        of that injury.

        Division 2--Secondary victims
13 Who is a secondary victim?
    (1) A secondary victim of an act of violence is a
        person who is present at the scene of an act of
        violence and who is injured as a direct result of
        witnessing that act.
    (2) A person is also a secondary victim of an act of
        violence if--
          (a) the person is injured as a direct result of
              subsequently becoming aware of an act of
              violence; and
          (b) the person is the parent or guardian of the
              primary victim of the act of violence; and
          (c) the primary victim was under the age of 18
              years at the time of the commission of the act
              of violence.
    (3) A person is not a secondary victim of an act of
        violence under subsection (2) if the person
        committed, and is criminally responsible for, that
        act of violence.
        Note
        See also Subdivision (1) of Division 1 of Part II of the
        Crimes Act 1958 for circumstances in which a person
        involved in the commission of an offence is taken to have
        committed the offence.




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   Victims of Crime (Financial Assistance Scheme) Act 2022
                      No.       of 2022
                Part 2--Eligibility for assistance


14 Assistance available to secondary victims
     (1) A secondary victim is eligible for assistance of up
         to $50 000 or the higher prescribed amount.
         Note
         The maximum amount of assistance is subject to
         indexation--see section 72.
     (2) The amount of assistance to a secondary victim
         may be made up of amounts--
           (a) for expenses actually incurred, or reasonably
               likely to be incurred, by the secondary victim
               for reasonable counselling services; and
           (b) for medical expenses actually and reasonably
               incurred, or reasonably likely to be incurred,
               by the secondary victim as a direct result of
               witnessing, or becoming aware of, the act of
               violence.
     (3) In exceptional circumstances, there may also be
         included in the amount paid to a secondary victim
         within the limit set by subsection (1)--
           (a) an amount of up to $20 000 for loss of
               earnings suffered, or reasonably likely to be
               suffered, by the secondary victim as a direct
               result of witnessing, or becoming aware of,
               the act of violence; and
                Note
                The maximum amount of assistance for loss of
                earnings is subject to indexation--see section 72.
           (b) an amount for any expenses (in addition to
               those referred to in subsection (2)) actually
               and reasonably incurred, or reasonably likely
               to be incurred, by the secondary victim to
               assist the secondary victim's recovery from
               witnessing, or becoming aware of, the act of
               violence.




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     (4) A secondary victim is not entitled to assistance for
         expenses incurred through loss of or damage to
         property.

           Division 3--Related victims
15 Who is a related victim?
     (1) A related victim of an act of violence is a person
         who, at the time of the occurrence of the act of
         violence--
           (a) was a close family member of; or
           (b) was a dependant of; or
           (c) had an intimate personal relationship with--
         a primary victim of that act who died as a direct
         result of that act.
     (2) A person is not a related victim of an act of
         violence if the person committed, and is
         criminally responsible for, that act of violence.
         Note
         See also Subdivision (1) of Division 1 of Part II of the
         Crimes Act 1958 for circumstances in which a person
         involved in the commission of an offence is taken to have
         committed the offence.
16 Assistance available to related victims
     (1) A related victim is eligible for assistance of up to
         $50 000 or the higher prescribed amount.
         Note
         The maximum amount of assistance is subject to
         indexation--see section 72.
     (2) The amount of assistance to a related victim may
         be made up of amounts--
           (a) for expenses actually incurred, or reasonably
               likely to be incurred, by the related victim
               for reasonable counselling services; and



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           (b) for medical expenses actually and reasonably
               incurred, or reasonably likely to be incurred,
               by the related victim as a direct result of the
               death of the primary victim; and
           (c) for distress experienced, or reasonably likely
               to be experienced, by the related victim as a
               direct result of the death of the primary
               victim; and
           (d) for loss of money that, but for the death of
               the primary victim, the related victim would
               have been reasonably likely to receive from
               the primary victim during a period of up to
               2 years after that death; and
           (e) for other expenses actually and reasonably
               incurred, or reasonably likely to be incurred,
               by the related victim as a direct result of that
               death.
     (3) In exceptional circumstances, there may also be
         included in the amount paid to a related victim
         within the limit set by subsection (1) an amount
         for other expenses actually and reasonably
         incurred, or reasonably likely to be incurred, by
         the related victim to assist the related victim's
         recovery from the death of the primary victim of
         the act of violence.
     (4) A related victim is not entitled to assistance for
         expenses incurred through loss of or damage to
         property.

         Division 4--Funeral expenses
17 Assistance available to person incurring funeral
   expenses for primary victim
     (1) A person who has incurred funeral expenses as a
         direct result of the death of a primary victim of an
         act of violence may be paid assistance for the



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         funeral expenses actually and reasonably incurred
         by that person.
     (2) If the person is a secondary victim or related
         victim of the act of violence, assistance under this
         section is in addition to any assistance under
         Division 2 or 3.

       Division 5--Limits on assistance
18 Other entitlements to be taken into account
     (1) In determining the amount of assistance to be paid
         to a person, the scheme decision maker--
           (a) subject to subsection (2), must take into
               account and reduce the amount by the total
               amount of--
                 (i) any damages that the person has
                     recovered at common law for the loss,
                     expense or other matter for which the
                     assistance is sought; and
                 (ii) any compensation, assistance or
                      payments of any other kind that the
                      person has received for the loss,
                      expense or other matter for which the
                      assistance is sought; and
                (iii) any amount of financial assistance that
                      the person has been awarded under
                      section 12 of the Transport
                      (Compliance and Miscellaneous)
                      Act 1983 in relation to the incident to
                      which the assistance relates; and
           (b) subject to subsection (2), may take into
               account and reduce the amount by the total
               amount of--




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              (i) any damages that the person is likely to
                  recover at common law for the loss,
                  expense or other matter for which the
                  assistance is sought; and
              (ii) any compensation, assistance or
                   payments of any kind under any
                   scheme, whether statutory or non-
                   statutory, including that managed by
                   the Transport Accident Commission
                   and the Victorian WorkCover Authority
                   and that established by the Police
                   Assistance Compensation Act 1968
                   and any predecessor of any such
                   schemes that the person is likely to
                   receive for the loss, expense or other
                   matter for which the assistance is
                   sought; and
             (iii) any payments under any insurance
                   policy (including life and health
                   insurance) or superannuation scheme
                   that the person is likely to receive for
                   the loss, expense or other matter for
                   which the assistance is sought.
  (2) In determining the amount of special financial
      assistance or an amount of assistance under
      section 16(2)(c) for a person, the scheme decision
      maker must not take into account any payments
      under any insurance policy (including life and
      health insurance) or superannuation scheme that
      the person has received or has not received but is
      entitled to receive, or would be entitled to receive
      if the person applied for them, for the loss,
      expense or other matter for which the assistance is
      sought.




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19 Loss of earnings
         Assistance to a primary or secondary victim for
         loss of earnings is for earnings lost by the primary
         or secondary victim as a direct result of total or
         partial incapacity for work during a period of up
         to 2 years after the occurrence of the act of
         violence.
20 Person only eligible in one capacity
         A person is eligible to apply for, or receive,
         assistance in respect of a single act of violence in
         one capacity only.




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  Part 3--Applying for and receiving
            assistance
    Division 1--Applying for assistance
21 Who may apply for assistance?
    (1) A primary victim, a secondary victim or a related
        victim of an act of violence may apply to the
        scheme decision maker for assistance.
    (2) A person who has incurred funeral expenses as
        referred to in section 17 may apply to the scheme
        decision maker for assistance under that section.
    (3) If the person entitled to apply is under the age of
        18 years, the application may be made on the
        person's behalf by--
          (a) a parent or guardian of the person; or
          (b) another person whom the scheme decision
              maker considers to be appropriate.
    (4) If the person entitled to apply is a represented
        person within the meaning of the Guardianship
        and Administration Act 2019, the application
        may be made on the represented person's behalf
        by the guardian or administrator appointed under
        that Act.
    (5) If in any other case the scheme decision maker
        considers that the person entitled to apply needs
        assistance in doing so, the application may be
        made on the person's behalf by any person whom
        the scheme decision maker considers to be
        appropriate.
    (6) For the purposes of this Act, a person is still the
        applicant even if the application is made on the
        person's behalf by another person under this
        section.




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22 Form and content of application
    (1) An application--
          (a) must be in the form approved by the scheme
              decision maker; and
          (b) must be accompanied by any documentary
              evidence (such as medical certificates or
              statements of earnings) indicated in the form
              as being required to accompany the
              application; and
          (c) must contain an authorisation for the scheme
              decision maker to--
                (i) obtain any other information or any
                    document that the scheme decision
                    maker considers necessary in order to
                    decide the application; and
                (ii) without limiting subparagraph (i), to
                     obtain information about any
                     application made by the applicant for
                     damages, compensation, assistance or
                     payments of any kind under another
                     scheme (whether statutory or non-
                     statutory) and any decision made on
                     any such application; and
               (iii) share information about the application
                     with the decision maker under another
                     scheme (whether statutory or non-
                     statutory) that provides for damages,
                     compensation, assistance or payments
                     of any kind; and
               (iv) share information about the application
                    for the purposes of a complaint under
                    section 59; and




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           (d) must contain an acknowledgement that the
               applicant is aware of the general
               circumstances in which the applicant may
               need to repay assistance under this Act; and
           (e) must state whether or not the act of violence
               has been reported to the police and, if it has
               not, must be accompanied by a statutory
               declaration made by the applicant or the
               person applying on behalf of the applicant,
               setting out--
                 (i) the circumstances of the act of
                     violence; and
                 (ii) the reasons for not reporting the matter;
                      and
           (f) must contain any other information or
               evidence required by the scheme decision
               maker.
     (2) A statutory declaration under subsection (1)(e) is
         not required if the applicant is a person in a
         special reporting category.
23 Time limits for applying
     (1) Subject to this section, an application must be
         made--
           (a) within 3 years after the occurrence of the act
               of violence; or
           (b) in the case of an application by a related
               victim or a person who has incurred funeral
               expenses, within 3 years after the death of
               the primary victim.
     (2) Subject to subsection (3), an application by or on
         behalf of a victim who was under the age of
         18 years when the act of violence occurred may be
         made within 3 years after the applicant turns
         18 years of age.



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    (3) An application by or on behalf of a victim may be
        made at any time after the occurrence of an act of
        violence if--
          (a) the victim was under the age of 18 years
              when the act of violence occurred; and
          (b) the act of violence consisted of or involved
              child abuse or family violence.
    (4) Despite subsection (1), an application by or on
        behalf of a victim may be made within 10 years
        after the occurrence of an act of violence if--
          (a) the victim was at least 18 years old when the
              act of violence occurred; and
          (b) the act of violence consisted of or involved a
              sexual offence or family violence.
    (5) The regulations may prescribe circumstances in
        which an application may be made by a victim at
        any time after the occurrence of an act of violence
        for assistance for expenses actually incurred, or
        reasonably likely to be incurred, for reasonable
        counselling services.
    (6) For the purposes of this section, an act of violence
        that consists of a series of related criminal acts
        occurs on the occurrence of the last of those
        criminal acts.
24 Applications made out of time
        Despite section 23, the scheme decision maker
        may consider and decide an application made out
        of time if the scheme decision maker considers
        that it is appropriate to do so, having regard to the
        following matters--
          (a) the age of the applicant at the time of the
              occurrence of the act of violence;




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           (b) whether the applicant has an intellectual
               disability within the meaning of the
               Disability Act 2006 or a mental illness
               within the meaning of the Mental Health
               Act 2014;
           (c) whether the person who committed, or is
               alleged by the applicant to have committed,
               the act of violence was in a position of
               power, influence or trust in relation to the
               applicant;
           (d) the physical or psychological effect of the act
               of violence on the applicant;
           (e) whether the applicant has or had a medical or
               psychological condition that affected their
               ability to apply for assistance;
           (f) the nature, dynamics and circumstances of
               the act of violence, including whether it
               occurred in the context of a pattern of abuse,
               family violence or sexual offences;
           (g) whether the applicant is homeless or has
               experienced homelessness;
           (h) the length of time taken to finalise any legal
               proceedings related to the act of violence;
           (i) whether the delay in making the application
               threatens the capacity of the scheme decision
               maker to make a fair decision on the
               application;
           (j) any other circumstances that the scheme
               decision maker considers relevant.
25 Legal or other representation
     (1) An applicant for assistance may be represented or
         assisted by a legal practitioner or any other person
         in relation to the application.




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    (2) A legal practitioner or other person is not entitled
        to--
          (a) charge an applicant, or recover from an
              applicant, any legal or other costs or amounts
              for representing or assisting the applicant in
              relation to the application, except to the
              extent allowed by the scheme decision
              maker; or
          (b) claim a lien in respect of any legal or other
              costs or amounts on any amount of
              assistance granted to an applicant under this
              Act; or
          (c) withhold any legal or other costs or amounts
              from any amount of assistance granted to an
              applicant under this Act.
        Note
        The scheme decision maker may pay an amount to a legal
        practitioner or other person for representing or assisting an
        applicant--see section 39.
    (3) Subsection (2) has effect despite anything to the
        contrary in the Legal Profession Uniform Law
        (Victoria) or the Legal Profession Uniform Law
        Application Act 2014.
26 Right to withdraw or amend application
    (1) At any time before an application is decided, the
        applicant, by giving written notice to the scheme
        decision maker, may--
          (a) withdraw the application; or
          (b) amend the application.
    (2) If an application is withdrawn under this section,
        the applicant may, subject to section 23, reapply
        for assistance.




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  27 Lapse of application
       (1) The scheme decision maker may give an applicant
           written notice that the application will lapse unless
           the applicant responds to the notice within 6
           months.
       (2) If the applicant does not respond to a notice under
           subsection (1) within 6 months after the notice is
           given, the application lapses at the end of that
           period.
       (3) If an application lapses under this section, the
           applicant may, subject to section 23, reapply for
           assistance.

Division 2--Considering and deciding applications
  28 Standard of proof
       (1) The scheme decision maker must be satisfied on
           the balance of probabilities about the existence of
           any matter relevant to deciding an application.
       (2) Without limiting subsection (1), the scheme
           decision maker may determine that an act of
           violence occurred regardless of the existence,
           status or outcome of any legal proceeding in
           relation to the act of violence, including a pending
           legal proceeding and a criminal proceeding in
           which the accused has been acquitted or found not
           guilty.
  29 Duty to act expeditiously
       (1) In considering and deciding an application, the
           scheme decision maker must act with as much
           expedition as the requirements of this Act and a
           proper determination of the application permit.




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    (2) Without limiting subsection (1), the scheme
        decision maker--
          (a) subject to paragraph (b), must not delay
              deciding an application only because there is
              a legal proceeding, whether civil or criminal,
              pending in a court relevant to the application;
              and
          (b) may delay deciding an application if the
              scheme decision maker reasonably believes
              that any information or document in, or
              accompanying, the application, or otherwise
              provided in relation to the application, was
              fraudulent or knowingly false or misleading.
30 No hearings to be conducted
        The scheme decision maker must decide
        applications without conducting oral hearings.
31 Mandatory refusal of application
    (1) The scheme decision maker must refuse an
        application if--
          (a) subject to subsection (2), the scheme
              decision maker is satisfied that--
                (i) the act of violence was not reported to
                    the police within a reasonable time; or
                (ii) the applicant failed to provide
                     reasonable assistance to any person or
                     body duly engaged in the investigation
                     of the act of violence or in the arrest or
                     prosecution of any person by whom the
                     act of violence was committed or
                     alleged to have been committed; or
          (b) the application is made in collusion with the
              person who committed or is alleged to have
              committed the act of violence; or




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           (c) an earlier application for assistance by the
               applicant in any capacity arising from the
               same act of violence has been made, whether
               or not the earlier application has been
               determined.
     (2) Subsection (1)(a) does not apply if--
           (a) the scheme decision maker considers that
               there were special circumstances for--
                 (i) the act of violence not being reported to
                     the police within a reasonable time; or
                 (ii) the failure of the applicant to provide
                      the reasonable assistance referred to in
                      subsection (1)(a)(ii); or
           (b) the applicant is a person in a special
               reporting category.
32 Reasonable time for reporting act of violence
         For the purposes of section 31(1)(a)(i), in
         considering whether an act of violence was
         reported to the police within a reasonable time, the
         scheme decision maker may have regard to any
         matters that the scheme decision maker considers
         relevant including--
           (a) the age of the applicant at the time of the
               occurrence of the act of violence; and
           (b) whether the applicant has an intellectual
               disability within the meaning of the
               Disability Act 2006 or a mental illness
               within the meaning of the Mental Health
               Act 2014; and
           (c) whether the person who committed, or is
               alleged by the applicant to have committed,
               the act of violence was in a position of
               power, influence or trust in relation to the
               applicant; and



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           (d) whether the applicant was threatened or
               intimidated by the person who committed, or
               is alleged to have committed, the act of
               violence or any other person; and
           (e) the nature of the injury alleged to have been
               suffered by the applicant; and
           (f) whether the applicant is homeless or has
               experienced homelessness; and
           (g) whether the applicant has or had a medical or
               psychological condition that affected their
               ability to report the act of violence to the
               police; and
           (h) the nature, dynamics and circumstances of
               the act of violence, including whether it
               occurred in the context of a pattern of abuse,
               family violence or sexual offences.
33 Other matters to be taken into account
         In deciding whether to pay assistance or refuse an
         application, and in determining the amount of
         assistance to be paid, the scheme decision maker
         must take the following into account--
           (a) the character, behaviour (including past
               criminal activity, and the number and nature
               of any findings of guilt or convictions, that
               the scheme decision maker considers
               relevant) or attitude of the applicant at any
               time, whether before, during or after the
               commission of the act of violence;
           (b) in the case of an application by a related
               victim, the character or behaviour (including
               past criminal activity, and the number and
               nature of any findings of guilt or convictions,
               that the scheme decision maker considers
               relevant) of the deceased primary victim of
               the act of violence;



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           (c) any other circumstances the scheme decision
               maker considers relevant.
34 Decision on application
     (1) After considering an application and taking into
         account the matters referred to in sections 31 and
         33, the scheme decision maker must decide--
           (a) to pay assistance to the applicant; or
           (b) to refuse the application.
     (2) Subject to section 31, the scheme decision maker
         may decide to pay assistance to an applicant if
         satisfied--
           (a) that an act of violence has occurred; and
           (b) that the applicant is a primary victim,
               secondary victim or related victim of that act
               of violence or a person who has incurred
               funeral expenses as a direct result of the
               death of such a primary victim; and
           (c) that the applicant is eligible to receive the
               assistance.
     (3) The scheme decision maker may impose any
         conditions the scheme decision maker considers
         appropriate on the payment of assistance.
     (4) Without limiting subsection (3), the scheme
         decision maker may impose the following
         conditions--
           (a) that the person to whom, or for whose
               benefit, the assistance is paid must repay the
               whole or any part of the amount of the
               assistance in specified circumstances;
           (b) in the case of assistance payable to a person
               for the benefit of another person (other than
               a person for whom an administration order is
               in effect or a person who is under the age of
               18 years), conditions--


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                 (i) as to the payment of the assistance to or
                     for the benefit of that other person; or
                 (ii) as to the holding of the whole or any
                      part of the assistance on trust for that
                      other person.
     (5) The scheme decision maker may decide to pay
         assistance in respect of an act of violence even
         though no person has been charged with, or found
         guilty or convicted of, an offence arising out of
         the commission of that act of violence.
35 Notice of decision and statement of reasons
     (1) The scheme decision maker must give an
         applicant written notice of a decision on the
         application in accordance with subsection (2).
     (2) The notice must--
           (a) state whether the decision is to pay
               assistance to the applicant or to refuse the
               application; and
           (b) if the decision is to pay assistance, state--
                 (i) the total amount payable, and a
                     breakdown of that amount showing the
                     amounts payable for each different
                     component of the assistance; and
                 (ii) any conditions on the payment of
                      assistance; and
           (c) state the reasons for the decision, including
               the reasons for imposing any conditions on
               the payment of assistance; and
           (d) give details of the applicant's right to internal
               review or VCAT review of the decision (as
               the case requires).




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     Division 3--Payment of assistance
36 Form of payment
    (1) Subject to this section, assistance--
          (a) may be paid in whole or in part--
                (i) to the applicant; or
                (ii) to any other person for the benefit of
                     the applicant; and
          (b) may be paid--
                (i) wholly as a lump sum; or
                (ii) partly as a lump sum and partly by
                     instalments; or
               (iii) wholly by instalments.
    (2) Amounts of assistance to a victim for expenses
        not yet incurred are only payable on the
        submission of an invoice or receipt relating to the
        particular expense.
    (3) The scheme decision maker may specify terms
        and conditions to be complied with before any
        instalment is paid.
    (4) The scheme decision maker may defer the
        payment of assistance in whole or part pending
        the period for applying for internal or VCAT
        review of the decision to pay the assistance and, if
        an application for review is made, until after the
        review decision comes into operation.
    (5) Any assistance not paid to, or for the benefit of, a
        person within 10 years after the decision to pay
        that assistance ceases to be payable unless it is
        then being held on trust for that person.




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37 Interim assistance
     (1) Pending the making of a final decision on an
         application, the scheme decision maker may pay
         interim assistance in any circumstances that the
         scheme decision maker considers appropriate.
     (2) If interim assistance is paid but the application is
         subsequently refused--
           (a) on refusing the application, the scheme
               decision maker may require the applicant to
               repay the amount of the interim assistance;
               and
           (b) if it is not repaid, the scheme decision maker
               may recover the amount from the applicant
               as a debt due to the State.
     (3) If the scheme decision maker decides to pay
         assistance to the applicant on the application, the
         scheme decision maker must deduct the amount of
         any interim assistance from the amount of
         assistance to be paid.
     (4) Sections 34(3) and (4) and 36 apply to interim
         assistance.
38 Payment of assistance to creditors
     (1) The scheme decision maker may pay an amount
         of assistance to a creditor in respect of reasonable
         expenses.
     (2) In this section--
         creditor means a person entitled to take
              proceedings for the recovery of expenses and
              includes a legal practitioner who has paid
              expenses on behalf of a client;
         expenses means expenses for a treatment or other
             services provided in respect of which
             assistance is payable under this Act but does




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               not include legal or other costs or amounts
               referred to in section 25.
39 Payment for legal or other representation
         The scheme decision maker may pay an amount to
         a legal practitioner or other person for the
         reasonable legal or other costs in representing or
         assisting an applicant in relation to an application.

        Division 4--Victim recognition
40 Victim recognition statements
         If the scheme decision maker decides to pay
         assistance to a victim under this Act, the scheme
         decision maker must, at the victim's request, give
         the victim a statement (victim recognition
         statement) on behalf of the State acknowledging
         the effects of the act of violence on the victim and
         expressing the State's condolences.
41 Victim recognition meetings
     (1) If the scheme decision maker decides to pay
         assistance to a victim under this Act, the scheme
         decision maker may, at the victim's request, hold a
         meeting with the victim (victim recognition
         meeting) to acknowledge the effects of the act of
         violence on the victim and express the State's
         condolences.
     (2) The scheme decision maker must take all
         reasonable steps to ensure that a victim
         recognition meeting is held--
           (a) in private, with the only permitted attendees
               being--
                 (i) the victim; and
                 (ii) any support person for the victim; and
                (iii) any legal practitioner representing the
                      victim; and


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                (iv) the scheme decision maker; and
                 (v) any other person the scheme decision
                     maker considers necessary or
                     appropriate; and
           (b) in a manner that--
                 (i) is culturally safe; and
                 (ii) protects the victim from undue trauma,
                      intimidation and distress; and
                (iii) prioritises the victim's needs, safety and
                      wellbeing.
     (3) In a victim recognition meeting, the scheme
         decision maker must give the victim the
         opportunity to--
           (a) give an oral statement, or read aloud a
               document, that sets out the effects of the act
               of violence on the victim; and
           (b) discuss those effects with the scheme
               decision maker.
     (4) Anything said or done, or any document
         produced, at a victim recognition meeting is not
         admissible as evidence in any legal proceeding.

        Division 5--General provisions
42 Assignment of rights to State
     (1) A person to whom, or for whose benefit,
         assistance is paid may, on or after being notified
         of the decision to pay the assistance, assign to the
         State their right to recover from any other person,
         by civil proceedings, damages or compensation in
         respect of the injury or death to which the
         assistance relates.
     (2) Money recovered by the State in the exercise of
         a right assigned to it in accordance with
         subsection (1) must be dealt with as follows--


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          (a) the amount of assistance paid to the assignor,
              or the amount recovered (if it is less), must
              be paid into the Consolidated Fund; and
          (b) the balance, if any, must be paid to the
              assignor.
    (3) An action for recovery under a right assigned to
        the State under subsection (1) may be taken by the
        scheme decision maker on behalf of the State, but
        the scheme decision maker may decline to take or
        continue the action--
          (a) if the scheme decision maker considers
              that--
                (i) there is a risk to the safety of any
                    person if the action is taken or
                    continued; or
                (ii) there is no reasonable prospect of
                     success; or
          (b) in any other circumstances that the scheme
              decision maker considers relevant.
43 Pursuing other remedies
        Except as otherwise provided by this Act, a
        decision to pay assistance to a person, or the
        payment of that assistance, does not affect the
        right of a person to recover from any other person,
        by civil proceedings or otherwise, any damages,
        compensation, assistance or payments of any kind.




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      Part 4--Review, variation and repayment of assistance



Part 4--Review, variation and repayment of
               assistance
                  Division 1--Reviews
  44 What is a reviewable decision?
       (1) For the purposes of this Division, a reviewable
           decision is--
             (a) any of the following decisions made by the
                 scheme decision maker or a delegate of the
                 scheme decision maker--
                   (i) a refusal of an application for
                       assistance, including a decision to
                       require repayment of any interim
                       assistance;
                   (ii) a decision as to the amount of
                        assistance to be paid to an applicant;
                  (iii) a refusal to vary assistance under
                        Division 2;
                  (iv) a decision as to the amount of
                       assistance on an application for
                       variation under Division 2;
                   (v) a decision under Division 3 to require a
                       person to repay an amount of
                       assistance, including a decision as to
                       the amount of the repayment; or
             (b) a decision made by the scheme decision
                 maker on an internal review under
                 section 45.
       (2) To avoid doubt, a decision to pay or not to pay, or
           as to the amount of, interim assistance is not a
           reviewable decision.




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45 Internal reviews
    (1) A person whose interests are affected by a
        reviewable decision made by a delegate of the
        scheme decision maker may apply in writing to
        the scheme decision maker for review of the
        decision.
    (2) Subject to subsection (3), an application for
        internal review must be made within 28 days after
        the day on which notice of the reviewable
        decision, including the reasons for the decision, is
        given to the person entitled to notice.
    (3) The scheme decision maker may extend or further
        extend the time for applying for an internal
        review.
    (4) An internal review must be conducted by--
          (a) the scheme decision maker; or
          (b) a member of staff appointed by the scheme
              decision maker who holds a more senior
              position than the delegate who made the
              reviewable decision.
    (5) A decision on an internal review made by a person
        appointed by the scheme decision maker under
        subsection (4)(b) is taken to be a decision made by
        the scheme decision maker.
    (6) On an internal review, the person conducting the
        review must--
          (a) affirm the reviewable decision; or
          (b) amend the reviewable decision; or
          (c) substitute another decision for the reviewable
              decision.
    (7) The scheme decision maker must give the
        applicant for internal review written notice of the
        decision on the review, including the reasons for



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         the decision, as soon as practicable and in any
         event within 28 days after the decision.
46 VCAT reviews
     (1) A person whose interests are affected by a
         reviewable decision made by the scheme decision
         maker may apply to VCAT for review of the
         decision.
         Note
         Applications may be made to VCAT for review of certain
         scheme decisions made by the scheme decision maker.
         Applications may also be made to VCAT for review of
         decisions made on internal review of certain scheme
         decisions made by a delegate of the scheme decision maker.
         See the definition of reviewable decision in section 44.
     (2) An application for review must be made within
         28 days after the day on which notice of the
         reviewable decision, including the reasons for the
         decision, is given to the person entitled to notice.
47 Persons whose interests are affected
         Despite anything to the contrary in this Act or the
         Victorian Civil and Administrative Tribunal
         Act 1998, the following are not persons whose
         interests are affected by a reviewable decision--
           (a) other persons referred to in
               section 36(1)(a)(ii);
           (b) creditors referred to in section 38.

      Division 2--Variation of assistance
48 Variation of assistance
     (1) A person to whom, or for whose benefit,
         assistance was paid under Part 3 may apply to the
         scheme decision maker to vary the assistance.




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  (2) An application for variation--
        (a) subject to paragraphs (b) and (c), must be
            made within 10 years after the day on which
            the decision to pay the assistance was made;
            or
        (b) subject to paragraph (c), if the person was
            under the age of 18 years when the decision
            to pay the assistance was made, may be
            made at any time until the person turns
            28 years of age; or
        (c) may be made within the longer time period
            prescribed by the regulations in relation to
            any prescribed categories of applications for
            variation or in any other prescribed
            circumstances.
  (3) On an application for variation, the scheme
      decision maker may vary the assistance (including
      the assistance as previously varied) in any manner
      that the scheme decision maker thinks fit, whether
      as to the conditions of the assistance or by
      increasing or decreasing the amount of assistance
      or in some other way.
  (4) In considering an application for variation, the
      scheme decision maker must take into account--
        (a) any fresh evidence that has become available
            since the decision to pay the assistance was
            made or the assistance was last varied; and
        (b) any change of circumstances that has
            occurred since the decision to pay the
            assistance was made or the assistance was
            last varied or that is likely to occur; and
        (c) any payments received by or payable to the
            person to whom, or for whose benefit, a
            decision to pay assistance was made in
            respect of the injury or death since the



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               decision was made or the assistance was last
               varied; and
           (d) anything else that the scheme decision maker
               considers relevant.
     (5) In exercising a power under this section, the
         scheme decision maker must do so in accordance
         with the other provisions of this Act relating to the
         payment of, or the amount of, assistance.
     (6) Without limiting subsection (5), in varying an
         amount of assistance, the scheme decision maker
         is bound by the maximum amounts of assistance
         as in force at the time the assistance was originally
         paid.
49 Notice of decision and statement of reasons
     (1) The scheme decision maker must give a person
         who applies for variation of assistance under
         section 48 written notice of a decision on the
         application in accordance with subsection (2).
     (2) The notice must--
           (a) state whether the decision is to vary the
               assistance or to refuse the application; and
           (b) if the decision is to vary the assistance,
               state--
                 (i) the amount of the variation; and
                 (ii) any conditions on the variation; and
           (c) state the reasons for the decision, including
               the reasons for imposing any conditions on
               the variation; and
           (d) give details of the person's right to internal
               review or VCAT review of the decision (as
               the case requires).




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    Division 3--Repayment of assistance
50 Repayment of assistance
    (1) This section applies if, after assistance is paid to a
        person or for their benefit, the person receives any
        damages, compensation, assistance or payments of
        any kind not taken into account in determining the
        amount of assistance but which the scheme
        decision maker would have been required to take
        into account if received before then.
    (2) If this section applies, the scheme decision maker
        may require the person to repay--
          (a) the amount of the assistance paid under this
              Act, if it is equal to or less than the amount
              of the damages, compensation, assistance or
              other payments subsequently received; or
          (b) the amount of the damages, compensation,
              assistance or other payments subsequently
              received, if the amount of the assistance paid
              under this Act is greater.
    (3) In deciding whether to require repayment, the
        scheme decision maker may take into account any
        matters the scheme decision maker considers
        relevant.
    (4) If assistance has been paid to a person or for their
        benefit and the amount of assistance is decreased
        on review under Division 1 or variation under
        Division 2, the scheme decision maker may
        require the person to repay the amount by which
        the assistance is decreased.
    (5) Any money that is not repaid as required by the
        scheme decision maker under this section may be
        recovered by the scheme decision maker as a debt
        due to the State.




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51 Notice of decision and statement of reasons
     (1) If the scheme decision maker decides to require a
         person to repay an amount under section 50, the
         scheme decision maker must give the person
         written notice of the decision in accordance with
         subsection (2).
     (2) The notice must--
           (a) state the amount required to be repaid and
               the date by which it must be repaid; and
           (b) state the reasons for the decision; and
           (c) give details of the person's right to internal
               review or VCAT review of the decision
               (as the case requires).
     (3) The scheme decision maker may extend or further
         extend the date stated in a notice by which an
         amount must be repaid.




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                  Part 5--Administration



          Part 5--Administration
    Division 1--Scheme decision maker
52 Scheme decision maker
        There is to be a scheme decision maker employed
        by the Secretary under Part 3 of the Public
        Administration Act 2004.
53 Functions of scheme decision maker
    (1) The scheme decision maker has the following
        functions--
          (a) to administer the scheme for providing
              assistance to victims under this Act,
              including--
                (i) to receive and decide applications; and
                (ii) to pay amounts of assistance; and
               (iii) to review decisions on assistance made
                     by delegates of the scheme decision
                     maker; and
               (iv) to administer the recovery and
                    repayment processes for amounts of
                    assistance paid;
          (b) to provide victim recognition statements and
              conduct victim recognition meetings;
          (c) to provide--
                (i) information to victims and others about
                    the scheme and the support services and
                    assistance available to assist recovery
                    from the effects of acts of violence; and
                (ii) referrals to those support systems and
                     other available assistance;




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            (d) to publish guidance material and other
                resources for victims, support service
                providers and legal practitioners in relation
                to the scheme;
            (e) to conduct education and training, public
                awareness activities and research in relation
                to the scheme;
            (f) to collect and publish annual data and
                information in relation to the scheme;
            (g) to make complaints to the appropriate
                entities about excessive amounts charged to
                victims by legal practitioners, medical
                practitioners or counselling service
                providers;
            (h) to establish a complaints process in relation
                to the administration of the scheme,
                including in relation to the conduct of the
                scheme decision maker and members of
                staff;
            (i) any other functions conferred on the scheme
                decision maker by or under this or any other
                Act.
    (2) The complaints process referred to in subsection
        (1)(h) must be consistent with the Charter
        principles within the meaning of the Victims'
        Charter Act 2006.
54 Staff
           There may be employed by the Secretary under
           Part 3 of the Public Administration Act 2004--
            (a) one or more deputy scheme decision makers;
                and
            (b) as many other staff as are necessary for the
                effective operation of this Act.




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55 Delegation
        The scheme decision maker, by instrument, may
        delegate to a member of staff any function of the
        scheme decision maker under this or any other
        Act, other than this power of delegation.

   Division 2--Information gathering and
              confidentiality
56 Information gathering
    (1) For the purpose of performing functions under this
        Act, the scheme decision maker may--
          (a) obtain information and documents from any
              person; and
          (b) request an applicant to provide to the scheme
              decision maker any information or
              documents relevant to the application; and
          (c) by written notice, require any person (other
              than an applicant) to provide to the scheme
              decision maker, within the period of time
              specified in the notice, any information or
              documents relevant to the performance of
              those functions.
    (2) A person to whom a notice is given under
        subsection (1)(c) must not, without reasonable
        excuse, fail to comply with the notice.
        Penalty: 10 penalty units.
    (3) The scheme decision maker may extend or further
        extend the period specified in the notice under
        subsection (1)(c) for compliance with the
        requirement.
57 Confidentiality
    (1) The scheme decision maker or a member of staff
        must not disclose any information in the scheme
        decision maker's or member of staff's possession


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        relating to an application except to the extent
        necessary to perform functions under this Act or
        as otherwise permitted by this Division.
    (2) Subject to sections 61 and 62, the scheme decision
        maker or a member of staff may disclose any
        information in the scheme decision maker's or
        member of staff's possession relating to an
        application--
          (a) to the applicant at the applicant's request; or
          (b) to another person at the written request of the
              applicant; or
          (c) in accordance with any authorisation
              provided by the applicant in the application;
              or
          (d) in accordance with section 63 (admissibility
              of scheme materials in legal proceedings); or
          (e) for the purposes of annual reporting if the
              information does not identify, and is not
              likely to lead to the identification of, any
              person; or
          (f) as permitted or required by another law; or
          (g) to a prescribed person or body, or prescribed
              category of person or body, for the purpose
              of performing a prescribed function.

               Division 3--General
58 Guidelines
    (1) The scheme decision maker may from time to
        time make, vary and revoke guidelines for the
        performance of functions under this Act or for any
        other matter related to the scheme for providing
        assistance under this Act.




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  (2) Without limiting the matters in relation to which
      guidelines may be made, guidelines may be made
      for the purposes of, or in relation to, any of the
      following matters--
        (a) determining whether a person is a close
            family member of a deceased primary
            victim;
        (b) determining whether criminal acts are
            related;
        (c) determining the assistance available to
            victims and for funeral expenses;
        (d) circumstances in which a person may make
            an application on another person's behalf;
        (e) determining whether to consider and decide
            applications made out of time;
        (f) determining whether past criminal activity,
            findings of guilt or convictions are relevant
            to an application;
        (g) imposing conditions on the payment of
            assistance as to the circumstances in which
            the whole or any part of the assistance must
            be repaid;
        (h) the payment of assistance to creditors;
        (i) the payment of amounts to persons for legal
            or other costs of representing an applicant;
        (j) determining whether to hold victim
            recognition meetings;
        (k) determining whether to extend time to apply
            for internal review;
        (l) deciding applications for variation of
            assistance;
       (m) deciding whether to require repayment of
           assistance;



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          (n) the payment of additional assistance to
              persons to whom, or for whose benefit, an
              award of assistance was made under the
              Victims of Crime Assistance Act 1996.
    (3) The scheme decision maker must--
          (a) publish any guidelines as in effect from time
              to time on a website maintained by the
              scheme decision maker or on another
              Victorian Government website; and
          (b) make a copy of any guidelines that are in
              effect available to any person on request
              without charge.
    (4) In the performance of functions under this Act, the
        scheme decision maker and all members of staff
        must have regard to any guidelines that are in
        effect.
59 Complaints about service providers
    (1) The scheme decision maker may cause a
        complaint about the costs claimed by a legal
        practitioner in connection with an application to
        be made in accordance with Chapter 5 of the
        Legal Profession Uniform Law (Victoria) if it
        considers that the amount claimed is not fair or
        reasonable.
    (2) The scheme decision maker may cause a
        complaint to be made to the Health Complaints
        Commissioner under the Health Complaints
        Act 2016 or a relevant regulatory body about the
        amount charged by a medical expert or
        counselling service provider for the provision of
        any service in connection with an application if
        the scheme decision maker considers the amount
        charged to be grossly excessive.




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                   Part 6--Miscellaneous



            Part 6--Miscellaneous
Division 1--Publication and admissibility of
     documents and other information
60 Definition of publish
         In this Division--
         publish means disseminate or provide access to
              the public or a section of the public by any
              means, including by--
                 (a) publication in a book, newspaper,
                     magazine or other written publication;
                     or
                 (b) broadcast by radio or television; or
                 (c) public exhibition; or
                 (d) any other broadcast or electronic
                     communication.
61 Restriction on publication of scheme documents
     (1) A person must not publish or cause to be
         published--
           (a) a document--
                 (i) created in the performance of a function
                     under this Act by the scheme decision
                     maker or a member of staff; and
                 (ii) that identifies, or is likely to lead to the
                      identification of, a person who has
                      made or is otherwise connected with an
                      application; or




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           (b) a copy of, or extract from, a document
               referred to in paragraph (a).
         Penalty: 20 penalty units or imprisonment for
                  4 months, or both, in the case of a
                  natural person;
                     50 penalty units, in the case of a body
                     corporate.
     (2) Without limiting subsection (1)(a), a document
         referred to in that subsection includes any of the
         following that identifies, or is likely to lead to the
         identification of, a person who has made or is
         otherwise connected with an application--
           (a) a written notice of a decision made on an
               application;
           (b) a victim recognition statement;
           (c) any written material provided to a person by
               the scheme decision maker or a member of
               staff at a victim recognition meeting.
     (3) Subsection (1) does not apply if the document, or
         the copy of or extract from the document, is--
           (a) admissible as evidence in a legal proceeding;
               and
           (b) required to be published by an order made in
               that proceeding.
     (4) To avoid doubt, a person who committed, or is
         alleged to have committed, an act of violence in
         respect of which an application has been made is a
         person connected with the application.
62 Restriction on publication of scheme decisions
     (1) A person must not publish or cause to be
         published any information related to a decision
         made under this Act on an application that
         identifies, or is likely to lead to the identification



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      of, a person who has made or is otherwise
      connected with the application.
      Penalty: 20 penalty units or imprisonment for
               4 months, or both, in the case of a
               natural person;
                  50 penalty units, in the case of a body
                  corporate.
  (2) Subsection (1) does not apply in relation to the
      publication of a document, or a copy of or extract
      from a document, referred to in section 61(1).
      Note
      See section 61 for the offence of publishing a document, or
      a copy of or extract from a document, referred to in section
      61(1).
  (3) Subject to subsection (4), subsection (1) does not
      apply to the publication by, or with the consent of,
      an adult applicant of information that does not
      identify, and is not likely to lead to the
      identification of, any person connected with the
      application other than--
        (a) the applicant; or
        (b) another person connected with the
            application who has consented to the
            publication.
  (4) Subsection (3) does not apply to the publication of
      information that identifies, or is likely to identify,
      a person who committed, or is alleged to have
      committed, an act of violence who was under the
      age of 18 years at the time of the commission of
      the act of violence.
  (5) To avoid doubt, a person who committed, or is
      alleged to have committed, an act of violence in
      respect of which an application has been made is a
      person connected with the application.




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     (6) In this section--
         adult applicant means a person who has made an
              application and who is over the age of
              18 years at the time of publishing, or giving
              consent to the publication of, information
              referred to in subsection (1).
63 Admissibility of scheme materials in legal
   proceedings
     (1) Subject to subsection (2) and despite anything to
         the contrary in the Evidence Act 2008, the
         following documents, including any copies of or
         extracts from them, are not admissible as evidence
         in any legal proceeding--
           (a) an application;
           (b) a document accompanying an application
               that was prepared solely for the purposes of
               the application;
           (c) a document provided to the scheme decision
               maker or a member of staff in connection
               with an application that was prepared solely
               for the purposes of the application;
           (d) a document prepared by the scheme decision
               maker or a member of staff in connection
               with an application.
     (2) A document referred to in subsection (1) is
         admissible as evidence--
           (a) in a proceeding for review of a decision
               made under this Act, if the applicant is a
               party to that proceeding; or
           (b) in a proceeding for an offence against this
               Act; or
           (c) in a proceeding for an offence against
               section 81, 82, 83 or 83A of the Crimes
               Act 1958 (fraud) or an offence of conspiracy


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               to commit, incitement to commit or
               attempting to commit any such offence; or
           (d) in a proceeding for an offence against
               section 314(1) of the Crimes Act 1958
               (perjury) or any other offence that involves
               an interference with the due administration
               of justice; or
           (e) with the consent of the applicant.
     (3) A person cannot be required, by subpoena,
         summons or otherwise, to produce a document
         that is inadmissible under this section.
64 Cross-examination and admissibility by consent in
   legal proceedings
     (1) A victim must not be cross-examined in any legal
         proceeding on the contents of a document referred
         to in section 63(1) unless the document is
         admissible in that proceeding in accordance with
         section 63(2).
     (2) A victim must not during cross-examination in
         any legal proceeding be requested to consent to
         the admission of a document referred to in
         section 63(1).
     (3) A court must not accept the consent of a victim to
         the admission of a document referred to in
         section 63(1) in any legal proceeding unless the
         court has first advised the victim of the protected
         status of the document and the effect of providing
         consent.
     (4) If a victim consents to the admission in any legal
         proceeding of a document referred to in
         section 63(1), the court may, as it considers
         appropriate in the interests of justice, disallow
         cross-examination on the contents of the
         document.




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               Division 2--General
65 Obtaining assistance by fraud
    (1) A person must not, for themselves or for another
        person, obtain or attempt to obtain assistance
        fraudulently under this Act, whether or not in
        collusion with any other person.
        Penalty: 120 penalty units or imprisonment for
                 12 months or both.
    (2) A person must not knowingly assist another
        person to obtain assistance fraudulently under this
        Act.
        Penalty: 120 penalty units or imprisonment for
                 12 months or both.
66 False or misleading information
        A person must not, in or in relation to an
        application, provide information that is false or
        misleading in a material particular, unless the
        person believes on reasonable grounds--
          (a) in the case of false information, that the
              information was true; or
          (b) in the case of misleading information, that
              the information was not misleading.
        Penalty: 120 penalty units or imprisonment for
                 12 months or both.
67 Annual report
    (1) Before 30 September each year, the scheme
        decision maker must give the Minister a report on
        the performance of the scheme decision maker's
        functions, powers and duties during the financial
        year ending on the previous 30 June.




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     (2) The Minister must cause a report under subsection
         (1) to be presented to each House of Parliament
         within 7 sitting days of that House after the report
         is received by the Minister.
68 The Consolidated Fund
     (1) The following amounts must be paid out of the
         Consolidated Fund, which is appropriated by this
         subsection to the necessary extent--
           (a) amounts of assistance to be paid under this
               Act;
           (b) amounts to be paid under this Act for
               reasonable costs in assisting or legally
               representing an applicant in relation to an
               application.
     (2) The following amounts must be paid into the
         Consolidated Fund--
           (a) amounts repaid under this Act;
           (b) any amount otherwise paid to or recovered
               by the State under this Act.
69 Assistance held on trust and invested by scheme
   decision maker
     (1) Except as required by this Act or any other Act,
         the scheme decision maker, if satisfied that it is
         appropriate to do so, may hold on trust an amount
         of assistance otherwise to be paid under this Act.
     (2) The scheme decision maker may invest money
         held on trust under subsection (1)--
           (a) on deposit with an ADI; or
           (b) in any manner in which trust funds may be
               invested under the Trustee Act 1958.




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                   Part 6--Miscellaneous


     (3) The scheme decision maker must pay all income
         from the investment of money under subsection
         (2) to the person for whose benefit the amount of
         assistance is to be paid under this Act.
70 Payment of assistance for certain persons
     (1) If a person for whose benefit assistance is to be
         paid under this Act is also a person for whom an
         administration order is in effect, the scheme
         decision maker may pay the assistance to the
         administrator for that person.
     (2) If a person for whose benefit assistance is to be
         paid under this Act is also a person under the age
         of 18 years or any other person under disability
         for whom an administration order is not in effect,
         the scheme decision maker may pay the assistance
         to the Senior Master of the Supreme Court.
     (3) The Senior Master must hold money received
         under subsection (2) as if--
           (a) an order had been made in a proceeding in
               the Supreme Court that the money be paid
               into court and held on behalf of the person
               referred to in subsection (2); and
           (b) the money had been paid into court in
               accordance with that order.
     (4) This section does not affect the operation of
         section 179 of the Guardianship and
         Administration Act 2019.
     (5) In this section--
         person under disability has the same meaning as
              in section 33A of the Supreme Court
              Act 1986.




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                   Part 6--Miscellaneous


71 Independent review of this Act
     (1) Within 2 years of the commencement of this
         section, the Minister must cause an independent
         review to be conducted on the operation of this
         Act.
     (2) The person who conducts the review under
         subsection (1) must give a written report of the
         review to the Minister.
     (3) The Minister must cause a copy of the report
         under subsection (2) to be presented to each
         House of Parliament within 10 sitting days after
         the report is received by the Minister.
72 Indexation of maximum amounts of assistance
     (1) In any given financial year, the relevant amount
         payable to or for the benefit of a victim is to be
         varied in accordance with the following
         formula--
                    CPIi
         N=P×
                    CPIii
         where--
         CPIi is the all groups consumer price index for
              Melbourne in original terms for the last
              reference period in the previous calendar
              year most recently published by the
              Australian Bureau of Statistics; and
        CPIii is the all groups consumer price index for
              Melbourne in original terms for the
              corresponding reference period one year
              earlier than the reference period referred to
              in CPIi most recently published by the
              Australian Bureau of Statistics; and
            P is the relevant amount payable in the
              previous financial year; and




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         N is the new relevant amount payable in the
           given financial year.
  (2) A calculation under subsection (1) is to be made
      to 4 decimal places but, for the purposes of any
      amount payable to or for the benefit of a victim, is
      to be rounded to the nearest whole dollar (with a
      calculation that ends in 5 being rounded up).
  (3) If a calculation under subsection (1) would have
      the effect of reducing the relevant amount
      payable--
        (a) the reduction does not take effect and the
            relevant amount is the same as in the
            previous financial year; and
        (b) when the relevant amount is calculated under
            subsection (1) for the purposes of the next or
            any subsequent financial year--
              (i) P is the amount that, if not for
                  paragraph (a), would have been the
                  relevant amount in the previous
                  financial year; and
              (ii) if the new relevant amount as
                   calculated would be less than the actual
                   relevant amount in the previous
                   financial year, the relevant amount
                   remains the same as in the previous
                   financial year.
  (4) The scheme decision maker must cause notice
      specifying each relevant amount as varied under
      this section to be published before the start of the
      financial year to which the variation relates--
        (a) in the Government Gazette; and
        (b) on a website maintained by the scheme
            decision maker or another Victorian
            Government website.



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    (5) Failure to publish notice under subsection (4) does
        not affect the validity of the variation to which the
        notice relates.
    (6) In this section--
        relevant amount means an amount of assistance
             referred to in section 10(1) or (2)(c), 14(1)
             or (3)(a) or 16(1).
73 Regulations
    (1) The Governor in Council may make regulations
        for or with respect to any matter or thing required
        or permitted by this Act to be prescribed or
        necessary to be prescribed to give effect to this
        Act.
    (2) Without limiting subsection (1), the regulations
        may prescribe--
          (a) additional offences that are relevant
              offences; and
          (b) categories of persons who are primary
              victims; and
          (c) special reporting categories of persons; and
          (d) amounts of assistance for which victims may
              be eligible; and
          (e) circumstances for the payment of special
              financial assistance; and
          (f) circumstances in which an application may
              be made for assistance for expenses relating
              to reasonable counselling services.




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  Victims of Crime (Financial Assistance Scheme) Act 2022
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              Part 7--Transitional provisions



    Part 7--Transitional provisions
74 Variation of Tribunal awards
    (1) A person to whom, or for whose benefit, an award
        of assistance has been made under the Victims of
        Crime Assistance Act 1996 (including an award
        of special financial assistance made in accordance
        with section 8A of that Act, an award that has
        been varied under that Act and an award made
        after the commencement of this section) may
        apply to the scheme decision maker to vary the
        award.
    (2) An application for variation of an award--
          (a) subject to paragraph (b), must be made
              within 6 years after the day on which the
              award was originally made under the
              Victims of Crime Assistance Act 1996; or
          (b) if the person was under the age of 18 years
              when the award was originally made, may be
              made at any time until the person turns
              24 years of age.
    (3) An application for a minor variation may be made
        more than once but an application for a
        substantive variation may be made only once.
    (4) On an application under this section--
          (a) in the case of an application for a substantive
              variation, the scheme decision maker may
              decide to pay additional assistance (including
              special assistance) to the person subject to
              any conditions the scheme decision maker
              thinks fit; or
          (b) in the case of an application for a minor
              variation, the scheme decision maker may
              make the variation sought or any other minor
              variation the scheme decision maker thinks
              fit.


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            Part 7--Transitional provisions


  (5) In considering an application under this section,
      the scheme decision maker must take into
      account--
        (a) any fresh evidence that has become available
            since the award was made or last varied; and
        (b) any change of circumstances that has
            occurred since the award was made or last
            varied or that is likely to occur; and
        (c) any payments received by or payable to the
            person to whom, or for whose benefit, the
            award was made in respect of the injury or
            death since the award was made or last
            varied; and
        (d) anything else that the scheme decision maker
            considers relevant.
  (6) In exercising a power under this section, the
      scheme decision maker must do so in accordance
      with the other provisions of this Act relating to the
      payment of, or the amount of, assistance as in
      force at the time that the power is exercised.
  (7) Without limiting subsection (6), in deciding an
      application under this section, the scheme decision
      maker is bound by the maximum amounts of
      assistance under this Act as in force at the time the
      decision under this section is made.
  (8) Division 1 of Part 4 and section 49 apply in
      relation to an application, and a decision made on
      an application, under this section as if they were
      an application for variation of assistance under
      section 48 and a decision made on such an
      application.
  (9) In this section--
      award does not include an interim award;




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                Part 7--Transitional provisions


         minor variation means a variation of an award of
             assistance under the Victims of Crime
             Assistance Act 1996 to give effect to the
             original intention of the award;
         substantive variation means a variation of an
              award of assistance under the Victims of
              Crime Assistance Act 1996 that is not a
              minor variation.
75 Applications in respect of acts of violence before
   commencement
     (1) Subject to subsection (2), an application may be
         made by a person under this Act in respect of an
         act of violence that occurred before the
         commencement of section 21 unless--
           (a) the person received an award before that
               commencement under the Victims of Crime
               Assistance Act 1996 or any corresponding
               previous enactment in respect of that act of
               violence; or
           (b) the person applied before that
               commencement for an award under the
               Victims of Crime Assistance Act 1996 or
               any corresponding previous enactment in
               respect of that act of violence and that
               application was refused.
         Note
         A person who received an award under the Victims of
         Crime Assistance Act 1996 may apply under section 74 for
         variation of the award.
     (2) A person whose application for an award under
         the Victims of Crime Assistance Act 1996 in
         respect of an act of violence was pending
         immediately before the commencement of
         section 21 may apply for assistance under this Act
         in respect of that act of violence only if--



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             Part 7--Transitional provisions


         (a) the person first withdraws their application
             under the Victims of Crime Assistance
             Act 1996; and
         (b) no interim award has been made under that
             Act in relation to the application.
  (3) Subsection (1) applies whether or not the act or
      omission constituting the act of violence was a
      criminal act at the time the act or omission
      occurred.
  (4) In this section--
        award does not include an interim award
            (except in subsection (2)(b)).
 Note
 See sections 23 and 24 in relation to time limits for making
 applications under this Act.




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   Victims of Crime (Financial Assistance Scheme) Act 2022
                      No.       of 2022
              Part 8--Amendment of other Acts



   Part 8--Amendment of other Acts
  Division 1--Domestic Animals Act 1994
76 Prohibition on transfer of ownership of restricted
   breed dogs
         In section 41K(4) of the Domestic Animals
         Act 1994, in the definition of domestic partner,
         for "section 3(1) of the Victims of Crime
         Assistance Act 1996" substitute "the Family
         Violence Protection Act 2008".

       Division 2--Sentencing Act 1991
77 Court must reduce compensation by amount of any
   award under Victims of Crime Assistance Act 1996
         For section 85I of the Sentencing Act 1991
         substitute--
        "85I Court must reduce compensation by
             amount of assistance under victims of
             crime legislation
                     If a court decides to make a
                     compensation order, it must reduce the
                     amount of the compensation by the
                     amount of--
                       (a) any award made to the victim
                           under the Victims of Crime
                           Assistance Act 1996; or
                       (b) any assistance paid to the victim
                           under the Victims of Crime
                           (Financial Assistance Scheme)
                           Act 2022--
                     for the expense or other matter for
                     which compensation is being sought
                     under this Subdivision.".




                             69
   Victims of Crime (Financial Assistance Scheme) Act 2022
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              Part 8--Amendment of other Acts


78 Heading to Division 2A of Part 4 substituted
         For the heading to Division 2A of Part 4 of the
         Sentencing Act 1991 substitute--

           "Division 2A--Recovery of assistance
          paid under victims of crime legislation".
79 New section 87AB inserted
         After section 87A of the Sentencing Act 1991
         insert--
      "87AB Recovery of assistance paid under Victims
            of Crime (Financial Assistance Scheme)
            Act 2022
                 (1) If--
                       (a) a court finds a person guilty of, or
                           convicts a person of, a relevant
                           offence within the meaning of the
                           Victims of Crime (Financial
                           Assistance Scheme) Act 2022;
                           and
                       (b) assistance was paid or varied
                           under that Act in respect of an
                           injury (including a significant
                           adverse effect within the meaning
                           of that Act that, in accordance
                           with that Act, is required to be
                           regarded as an injury) or death
                           that directly resulted from that
                           offence--
                     the court may, on the application of the
                     State, order the offender to pay to the
                     State an amount equal to the whole or
                     any specified part of the assistance paid
                     together with the whole or any
                     specified part of any costs paid in
                     respect of the application for assistance.


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           Part 8--Amendment of other Acts


              (2) An application may only be made under
                  subsection (1) within the period of
                  6 months after the later of--
                    (a) the day on which the person was
                        found guilty or convicted of the
                        relevant offence; or
                    (b) the day on which the assistance
                        was paid or varied under the
                        Victims of Crime (Financial
                        Assistance Scheme) Act 2022.
              (3) A court may require an amount payable
                  under subsection (1) to be paid--
                    (a) wholly as a lump sum; or
                    (b) partly as a lump sum and partly by
                        instalments; or
                    (c) wholly by instalments.
              (4) A court must not make an order under
                  subsection (1) without giving the
                  offender a reasonable opportunity to be
                  heard on the application for the order
                  and without having regard to--
                    (a) the offender's financial resources
                        (including earning capacity) and
                        financial needs; and
                    (b) any obligations owed by the
                        offender to any other person; and
                    (c) any other circumstances that the
                        court considers relevant.
              (5) A court is not prevented from making
                  an order under subsection (1) only
                  because it has been unable to find out
                  the financial circumstances of the
                  offender.




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              Part 8--Amendment of other Acts


                 (6) An offender may appear on the hearing
                     of an application under subsection (1)
                     personally or by a lawyer or, with the
                     leave of the court, by any other
                     representative.
                 (7) The court may at any time, on the
                     application of the State or of the
                     offender, vary an order made under
                     subsection (1) (including an order that
                     has been previously varied) in any
                     manner that the court thinks fit.".
80 Enforcement of order under section 87A
     (1) In the heading to section 87B of the Sentencing
         Act 1991, after "87A" insert "or 87AB".
     (2) In section 87B(1) of the Sentencing Act 1991,
         after "section 87A(1)" insert "or 87AB(1)".

  Division 3--Transport (Compliance and
          Miscellaneous) Act 1983
81 Financial assistance to train drivers following fatal
   incidents
     (1) For the note to section 12(5) of the Transport
         (Compliance and Miscellaneous) Act 1983
         substitute--
         "Note
         The financial assistance that a train driver has been awarded
         or is eligible to be awarded under this section is to be taken
         into account to reduce the amount of financial assistance
         awarded to the train driver under the Victims of Crime
         Assistance Act 1996 (see section 16(ac) of that Act) or paid
         to the train driver under the Victims of Crime (Financial
         Assistance Scheme) Act 2022 (see section 18(1)(a)(iii) of
         that Act).".
     (2) In section 12(6) of the Transport (Compliance
         and Miscellaneous) Act 1983, for "section 8A of
         the Victims of Crime Assistance Act 1996"



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     Victims of Crime (Financial Assistance Scheme) Act 2022
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                Part 8--Amendment of other Acts


           substitute "section 11 of the Victims of Crime
           (Financial Assistance Scheme) Act 2022".

     Division 4--Victims' Charter Act 2006
  82 Compensation and financial assistance for victims
           For section 16(2) of the Victims' Charter
           Act 2006 substitute--
           "(2) In accordance with the Victims of Crime
                (Financial Assistance Scheme) Act 2022,
                a person eligible under that Act may apply to
                the State for financial assistance under that
                Act.".
  83 Information about offender
           In section 17(4) of the Victims' Charter
           Act 2006, for "order" (where fourthly occurring)
           substitute "order.".

Division 5--Victims of Crime Assistance Act 1996
  84 New section 24A inserted
           After the heading to Division 2 of Part 3 of the
           Victims of Crime Assistance Act 1996 insert--
         "24A No applications after commencement of
              Victims of Crime (Financial Assistance
              Scheme) Act 2022
            (1) Despite anything to the contrary in this Act,
                an application cannot be made to the
                Tribunal under this Act at any time after the
                commencement of section 21 of the Victims
                of Crime (Financial Assistance Scheme)
                Act 2022.
                 Note
                 Applications for assistance in respect of acts of
                 violence may be able to be made under the Victims of
                 Crime (Financial Assistance Scheme) Act 2022.




                               73
  Victims of Crime (Financial Assistance Scheme) Act 2022
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             Part 8--Amendment of other Acts


         (2) Nothing in subsection (1) affects the
             jurisdiction or powers of the Tribunal to
             continue dealing with applications made
             under this Act before the commencement of
             section 21 of the Victims of Crime
             (Financial Assistance Scheme) Act 2022.".
85 Variation of award
        After section 60(1) of the Victims of Crime
        Assistance Act 1996 insert--
      "(1A) An application under subsection (1) cannot
            be made on or after the commencement of
            section 21 of the Victims of Crime
            (Financial Assistance Scheme) Act 2022.
              Note
              See section 74 of the Victims of Crime (Financial
              Assistance Scheme) Act 2022 in relation to variation
              of awards made under this Act.".

Division 6--Victims of Crime Commissioner
                Act 2015
86 Definitions
        In section 3 of the Victims of Crime
        Commissioner Act 2015, for the definition of
        victim of crime substitute--
        "victim of crime means--
                 (a) a victim as defined in section 3(1) of
                     the Victims of Crime Assistance
                     Act 1996; or
                 (b) a victim as defined in section 3(1) of
                     the Victims of Crime (Financial
                     Assistance Scheme) Act 2022; or
                 (c) a victim as defined in section 3(1) of
                     the Victims' Charter Act 2006;".




                            74
  Victims of Crime (Financial Assistance Scheme) Act 2022
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             Part 8--Amendment of other Acts


87 Functions and powers of the Commissioner
        For section 13(1)(e) of the Victims of Crime
        Commissioner Act 2015 substitute--
        "(e) to receive and deal with complaints under
             Division 3A;
          (f) to make annual and other reports under
              Division 5;
         (g) to perform any other functions conferred on
             the Commissioner by or under this or any
             other Act.".
88 Annual report
        In section 28(1) of the Victims of Crime
        Commissioner Act 2015, for "September"
        substitute "November".

        Division 7--Wrongs Act 1958
89 What claims are excluded from this Part?
        After section 24AG(2)(h) of the Wrongs
        Act 1958 insert--
       "(ha) an application for assistance under the
             Victims of Crime (Financial Assistance
             Scheme) Act 2022;".
90 Application of Part
        After section 28C(2) of the Wrongs Act 1958
        insert--
      "(2A) To avoid doubt, this Part does not apply to a
            payment of assistance under the Victims of
            Crime (Financial Assistance Scheme)
            Act 2022.".




                            75
   Victims of Crime (Financial Assistance Scheme) Act 2022
                      No.       of 2022
               Part 8--Amendment of other Acts


           Division 8--Repeal of this Part
91 Repeal of this Part
           This Part is repealed on 1 December 2025.
    Note
    The repeal of this Part does not affect the continuing operation of
    the amendments made by it (see section 15(1) of the
    Interpretation of Legislation Act 1984).
                  ═════════════




                               76
            Victims of Crime (Financial Assistance Scheme) Act 2022
                               No.       of 2022
                                         Endnotes



                                     Endnotes
1 General information
  See www.legislation.vic.gov.au for Victorian Bills, Acts and current
  authorised versions of legislation and up-to-date legislative information.
   
      Minister's second reading speech--
      Legislative Assembly:
      Legislative Council:
      The long title for the Bill for this Act was "A Bill for an Act to provide a
      new scheme for providing financial assistance to victims of crime, to
      amend the Victims of Crime Assistance Act 1996 and the Victims of
      Crime Commissioner Act 2015, to make consequential amendments to
      other Acts and for other purposes."




                  By Authority. Government Printer for the State of Victoria.



                                             77


 


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