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Victims of Crime (Financial Assistance
Scheme) Bill 2022
Introduction Print
EXPLANATORY MEMORANDUM
General
In 2018, the Victorian Law Reform Commission (VLRC) reported on its
review of the Victims of Crime Assistance Tribunal (VOCAT) and its
governing legislation, the Victims of Crime Assistance Act 1996. The
VLRC made 100 recommendations, with the flagship reform focused on the
creation of a new administrative scheme to replace VOCAT, a trauma-
informed model which would assist victims in their recovery from acts of
violence.
The Victims of Crime (Financial Assistance Scheme) Bill 2022 provides for
a new administrative scheme to deliver financial assistance for victims of
crime in Victoria.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill, which are to--
• provide a new scheme to assist victims of crime in their
recovery from acts of violence; and
• amend the Victims of Crime Assistance Act 1996 in
relation to the scheme set out in that Act; and
• 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
• make consequential amendments to other Acts.
591213 1 BILL LA INTRODUCTION 5/4/2022
Clause 2 is the commencement provision. Subclause (1) provides for the
Bill to come into operation on a day or days to be proclaimed.
Subclause (2) provides for a default commencement on
1 December 2024 for any provision of the Bill that has not come
into operation before that date. The Bill contains a delayed
default commencement due to the significant work which first
must be undertaken to establish the scheme following passage of
the Bill, including recruiting and appointing the scheme decision
maker and staff, building information technology systems to
fulfil the requirements of the scheme, and developing published
guidelines.
Clause 3 sets out various definitions for terms used in the Bill. Many
definitions in this clause align with definitions in section 3 of the
Victims of Crime Assistance Act 1996. However, some
definitions have been modernised to better reflect and respond to
the diverse identities, experiences and needs of victims of crime.
Key new or amended definitions inserted by this clause are set
out below.
Close family member has been expanded to mean, in relation to a
deceased primary victim, a person who--
• at the time of the victim's death, had a genuine personal
relationship with the victim and was also--
• the spouse or domestic partner of the victim; or
• a parent, guardian or step-parent of the victim; or
• a child or step-child of the victim; or
• a child of whom the victim was the guardian; or
• a sibling or step-sibling of the victim; or
• is a close family member under subclause (2).
Subclause (2) adds further to the definition, stating that a person
is a close family member if--
• the victim regarded the person as a close family member
at the time of the victim's death; and
• 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.
2
This clause expands the definition of close family member in the
Victims of Crime Assistance Act 1996 with the intention to
recognise LGBTQI+ relationships, Aboriginal kinship
relationships, grandparents, aunts, uncles, cousins and any other
individuals whom an applicant considers to be close family
members, if the scheme decision maker considers that
reasonable.
Domestic partner has the same meaning as in the Family
Violence Protection Act 2008, which makes clear that the
gender of a person and whether or not the person is living under
the same roof as another person are irrelevant considerations
when determining whether people are "domestic partners" within
the meaning of the Bill. This definition is intended to align this
Bill with a modern understanding of relationship dynamics,
which are no longer limited to the concept of a 'nuclear family'.
Injury no longer makes reference to a "mental illness or
disorder", unlike the definition in section 3(1) of the Victims of
Crime Assistance Act 1996, and instead means--
• actual physical harm; or
• psychological or psychiatric harm; or
• exacerbation of a pre-existing injury constituted by
actual physical harm or psychological or psychiatric
harm; or
• any trauma associated with the act of violence and
determined by the scheme decision maker to be an
injury.
Removing the need to prove a mental illness diagnosis reduces
stigmatisation which may have otherwise served as a
disincentive for eligible applicants to apply for financial
assistance.
A victim of a sexual offence could claim medical or other
expenses related to an unwanted pregnancy arising from an act of
violence, based on the new definition of injury.
Interim assistance means assistance under section 37.
3
Key definitions also used in the Victims of Crime Assistance
Act 1996 include--
act of violence, which means a criminal act or series of related
criminal acts, committed by one or more persons, that occurred
in Victoria and directly resulted in injury to or the death of one
or more persons, regardless of where injury or death occurred;
criminal act, which means an act or omission by a person that--
• constitutes a relevant offence; or
• would constitute a relevant office if the person were not
incapable of being criminally responsible for the act or
omission due to--
• age, mental impairment or any other legal
incapacity that prevents the person from having a
required fault element of the offence; or
• the existence of any other lawful defence;
relevant offence, which means the following offences--
• an offence punishable by imprisonment that involves
assault on, or injury or threat of injury to, a person;
• an offence against Subdivision (8A), (8B), (8C), (8D),
(8E), (8F) or (8FA) of Division 1 of Part I of the
Crimes Act 1958 (which includes rape, sexual assault,
sexual offences against children, incest, child abuse
material offences, sexual offences against persons with
a cognitive impairment or mental illness and sexual
servitude offences) or any corresponding previous
enactment (sexual offences);
• an offence at common law of rape or assault with intent
to rape;
• an offence against Division 4A of Part I of the
Summary Offences Act 1966;
• an offence against section 21A(1) (stalking), 63 (child
stealing) or 63A (kidnapping) of the Crimes Act 1958
or any corresponding previous enactment;
• an offence against section 77A (home invasion) or 77B
(aggravated home invasion) of the Crimes Act 1958;
4
• an offence prescribed by the regulations (to allow for
further offences to be included when required in the
future);
• an offence of conspiracy to commit, incitement to
commit or attempting to commit an offence referred to
in paragraphs (a) to (g).
Clause 4 sets out the conditions in which a criminal act is related to
another criminal act for the purposes of the Bill. Related
criminal acts constitute a single act of violence for the purposes
of the Bill.
Subclause (1) provides that a criminal act is related to another
criminal act if--
• the acts were committed again the same person and the
acts--
• occurred at approximately the same time; or
• occurred over a period of time and were
committed by the same person or persons; or
• share some other common factor; or
• the acts contributed to the injury or death of the person.
Subclause (1) also provides for the scheme decision maker to
otherwise consider whether, having regard to the circumstances
of the criminal acts, they ought to be treated as related criminal
acts.
Subclause (2) provides that a criminal act in respect of which
assistance has been paid under this Bill is not related to another
criminal act occurring after assistance was first paid in respect of
that criminal act. This means that, once assistance has been paid
in relation to a criminal act, that criminal act can no longer be
deemed to be related to another criminal act that occurred after
the first act, in respect of which assistance was already paid.
Subclause (3) clarifies that criminal acts may be related to other
criminal acts even if criminal charges arising out of the acts are
tried or heard separately in court.
5
Clause 5 provides that the objectives of the Bill are--
• 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
• to assist victims in their recovery from acts of violence
by providing financial assistance; and
• to complement other services provided to victims by the
State; and
• to enable victims to receive financial assistance under
the Bill, noting that such assistance is not intended to
reflect the level of compensation that may be available
to victims at common law or otherwise.
Clause 6 sets out the guiding principles of the Bill and provides that a
person making a decision or taking action under this Bill must
have regard to the guiding principles, which are that--
• the Bill and the scheme that it provides are to support
the wellbeing and dignity of victims;
• victims should be protected from further trauma,
intimidation or distress;
• the needs of victims, including their safety and
wellbeing, are of paramount importance;
• the needs of victims may vary;
• subject to the requirements of the Bill, the scheme
should be accessible and flexible in providing assistance
to victims;
• the scheme should promote cultural safety for victims
who are of Aboriginal or Torres Strait Islander descent
by--
• acknowledging Aboriginal and Torres Strait
Islander people as descendants of Australia's first
people; and
• 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,
6
disconnection, intergenerational trauma and
entrenched social disadvantage; and
• acknowledging that victims of Aboriginal or
Torres Strait Islander descent have cultural rights
and familial and Aboriginal community
connections relevant to assistance under this Bill.
Clause 7 requires that a person making a decision or taking action under
this Bill must have regard to the objectives of the Bill and any
relevant principles set out in Part 2 of the Victims' Charter
Act 2006.
Clause 8 clarifies that on the death of a primary victim, the victim ceases
to be eligible for assistance under this Bill and that eligibility for
assistance does not pass to the victim's estate.
Part 2--Eligibility for assistance
Division 1--Primary victims
Clause 9 sets out the definition of a primary victim by expanding on the
definition provided by section 7 of the Victims of Crime
Assistance Act 1996 to expand eligibility. In addition to the
definition of primary victim as defined in that Act, the Bill
expands the definition to include--
• a person who is injured as a direct result of hearing or
witnessing, or otherwise being exposed to the effects of,
the act of violence and is under the age of 18 years at
the time of the commission of the act of violence,
namely being children who are exposed to family
violence offences; or
• a person if that person is a member of a category of
persons prescribed by the regulations; and
• for the purposes of special financial assistance if the
person experiences or suffers any significant adverse
effect as a direct result of an act of violence committed
against the person.
Subclause (6) clarifies that a person is not a primary victim (and
therefore not eligible for assistance) if the person committed, and
is criminally responsible for, that act of violence. This also
includes where a person is complicit in the commission of an
7
offence in accordance with Subdivision (1) of Division 1 of
Part II of the Crimes Act 1958.
Clause 10 sets out the assistance for which primary victims are eligible.
Subclause (1) provides that a primary victim is eligible for
assistance of up to $60 000 which retains the maximum amount
provided for in the Victims of Crime Assistance Act 1996, but
also now allows a higher amount to be prescribed in regulations.
Additionally, primary victims are also eligible for any special
financial assistance.
Subclause (2) sets out that the amount of assistance to a primary
victim may be made up of amounts actually incurred or
reasonably likely to be incurred for--
• expenses for reasonable counselling services; and
• reasonable medical expenses as a direct result of the act
of violence;
• loss of earnings suffered by primary victim up to
$20 000 or a higher prescribed amount as a direct result
of the act of violence; and
• expenses for loss of or damage to clothing worn at the
time of the commission of the act of violence; and
• reasonable safety-related expenses as a direct result of
the act of violence.
Subclause (3) provides that, in exceptional circumstances, a
primary victim is eligible for other reasonable expenses to assist
the primary victim's recovery from the act of violence. This
assistance must be within the $60 000 limit provided for in
Subclause (1).
Subclause (4) provides that, except for expenses incurred
through loss of or damage to clothing worn at the time of the act
of violence or safety-related expenses, a primary victim is not
entitled to assistance for expenses incurred through loss of or
damage to property. This replicates section 8 of the Victims of
Crime Assistance Act 1996 which also excludes expenses
incurred through loss of or damage to property from the
categories of assistance available to victims.
8
Clause 11 Subclause (1) sets out the criteria for a primary victim to be
eligible for special financial assistance in addition to other
assistance available to primary victims.
Subclause (2) sets out the amount of special financial assistance
to be--
• 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
• 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 clause 3(1) as a direct result of the act of
violence.
Subclause (3) confirms that regulations may prescribe an act of
violence or a class of act of violence as a category A, B, C or D
act of violence and prescribe minimum and maximum amounts
in relation to each category of acts of violence.
Subclause (4) provides that the scheme decision maker may be
satisfied that an act of violence of a particular category was
involved even though no person has been charged with, or found
guilty or convicted of, an act of violence of that category or a
different category in relation to the injury.
Clause 12 provides that the regulations may prescribe categories of primary
victims who are taken 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. For certainty, victims will need to
provide evidence of injury, however, this clause permits
regulations to be made in the future to remove this requirement
for certain categories of primary victims.
Division 2--Secondary Victims
Clause 13 sets out the definition of a secondary victim by reflecting the
section 9 of the Victims of Crime Assistance Act 1996, to be a
person who is--
9
• present at the scene of an act of violence and who is
injured as a direct result of witnessing that act; or
• injured as a direct result of subsequently becoming
aware of an act of violence and is the parent or guardian
of the act of the primary victim was under the age of 18
years at the time of the commission of the act of
violence.
Subclause (3) clarifies that a person is not a secondary victim
(and therefore not eligible for assistance) if the person
committed, and is criminally responsible for, that act of violence.
This also includes where a person is complicit in the commission
of an offence in accordance with Subdivision (1) of Division 1 of
Part II of the Crimes Act 1958.
Clause 14 sets out the assistance for which secondary victims are eligible.
Subclause (1) provides that a secondary victim is eligible for
assistance of up to $50 000 which retains the maximum amount
provided for in the Victims of Crime Assistance Act 1996 but
also now allows a higher amount to be prescribed in regulations.
Subclause (2) sets out that the amount of assistance to a
secondary victim may be made up of amounts actually incurred
or reasonably likely to be incurred for--
• expenses for reasonable counselling services; and
• reasonable medical expenses as a direct result of the act
of violence.
Subclause (3) confirms that, in exceptional circumstances and
within the $50 000 limit, a secondary victim is eligible for--
• 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
• an amount for any additional expenses 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.
10
Subclause (4) clarifies that a secondary victim is not entitled to
assistance for expenses incurred through loss of or damage to
property.
Division 3--Related victims
Clause 15 sets out that related victim is a person who at the time of the
occurrence of the act of violence--
• was a close family member of the deceased primary
victim; or
• was a dependent of the deceased primary victim; or
• had an intimate personal relationship with the deceased
primary victim.
This definition reflects the section 11 of the Victims of Crime
Assistance Act 1996 which provides for the definition of a
related victim under that Act.
Subclause (2) clarifies that a person is not a related victim (and
therefore not eligible for assistance) if the person committed, and
is criminally responsible for, that act of violence. This also
includes where a person is complicit in the commission of an
offence in accordance with Subdivision (1) of Division 1 of
Part II of the Crimes Act 1958.
Clause 16 sets out the assistance for which related victims are eligible.
Subclause (1) provides that a related victim is eligible for
assistance of up to $50 000 or a higher amount prescribed in
regulations. Unlike in the Victims of Crime Assistance Act
1996, there is no related victim pool of financial assistance that
may be awarded to all the related victims of any one primary
victim.
Subclause (2) sets out that the amount of assistance to a related
victim may be made up of amounts actually incurred or
reasonably likely to be incurred for--
• reasonable counselling services; and
• reasonable medical expenses actually incurred, or
reasonably likely to be incurred, as a direct result of the
death of the primary victim; and
11
• distress experienced, or reasonably likely to be
experienced, as a direct result of the death of the
primary victim; and
• 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
• other reasonable expenses as a direct result of that
death.
Subclause (3) confirms that, in exceptional circumstances and
within the $50 000 limit, a related victim is eligible for 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.
Subclause (4) provides that a related victim is not entitled to
assistance for expenses incurred through loss of or damage to
property.
Division 4--Funeral expenses
Clause 17 sets out that a person may be paid assistance to cover funeral
expenses incurred as a direct result of the death of the primary
victim.
Subclause (2) clarifies that if the person is also secondary victim
or related victim, assistance for funeral expenses is in addition to
any other assistance paid under Division 2 or 3. A person does
not have to be a secondary or related victim to apply for funeral
expenses. Under clause 58, the scheme decision maker will be
empowered to make and publish guidelines as to the assistance
available to victims in the context of funeral expenses.
Division 5--Limits on assistance
Clause 18 subclause (1) requires the scheme decision maker to take into
account, and reduce the amount of assistance by, the total
amount of--
• any damages that the person has recovered at common
law for the loss, expense or other matter for which the
assistance is sought; and
12
• any compensation, assistance or payments of any other
kind that the person has received for the loss, expenses or
other matter for which the assistance is sought; and
• any amount of financial assistance that the person has
been awarded if they were an eligible train driver
following fatal incidents under section 12 of the
Transport (Compliance and Miscellaneous) Act 1983
in relation to the incident to which the assistance relates.
Further, subclause (1)(b) provides that, subject to subclause (2),
the scheme decision maker may take into account and reduce the
amount by the total amount of--
• 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
• any compensation, assistance of 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
• 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.
Subclause (2) provides that, in determining the amount of special
financial assistance or an amount of assistance under clause
16(2)(c), 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.
Payments received under the National Redress Scheme
constituting compensation cannot be taken into account under
this clause.
13
Clause 19 deals with what constitutes 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.
Clause 20 states that a person is eligible to apply for, or receive, assistance
in respect of a single act of violence in one capacity only (for
example, a person cannot apply as a primary victim and a related
victim).
Part 3--Applying for and receiving assistance
Division 1--Applying for assistance
Clause 21 sets out the framework for applications to be made to the scheme
decision maker for assistance.
Subclause (1) entitles a primary victim, a secondary victim or a
related victim of an act of violence to apply to the scheme
decision maker for assistance.
Subclause (2) entitles a person who has incurred funeral
expenses as referred to in clause 17 to apply to the scheme
decision maker for assistance under that clause.
Subclause (3) provides that parents and guardians, or another
person whom the scheme decision maker considers to be
appropriate, may make an application to the scheme decision
maker on behalf of a person who is entitled to apply for
assistance but is under the age of 18.
Subclause (4) provides that applications may be brought on
behalf of a person who is a represented person within the
meaning of the Guardianship and Administration Act 2019 by
the guardian or administrator appointed under that Act. This
would include, for example, the State Trustees where they have
been appointed as the administrator for a person.
Subclause (5) provides that an application may be made on a
person's behalf by any person if they need assistance in doing so
if the scheme decision maker considers that person appropriate.
Subclause (6) makes clear that a victim is still the applicant even
if the application is made on the victim's behalf by another
person.
14
Clause 22 deals with the form and content of applications made to the
scheme decision maker.
Subclause (1) provides that an application--
• must be in the form approved by the scheme decision
maker; and
• must be accompanied by any documentary evidence
indicated in the form as being required to accompany
the application (such as medical certificates or
statements of earnings); and
• must contain an authorisation for the scheme decision
maker to--
• obtain any other information or documentation
that the scheme decision maker considers
necessary in order to decide the application,
including any information about any application
made by the applicant for damages,
compensation, assistance or payments of any
kind under another scheme and any decision
made; and
• share information about the application with the
scheme decision maker under another scheme
that provides for damages, compensation,
assistance of payments of any kind; and
• share information about the application for the
purposes of a complaint under clause 59; and
• must contain an acknowledgement that the applicant is
aware of the general circumstances in which the
applicant may need to repay assistance under the Bill;
and
• 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 the circumstances of the act of
violence and the reasons for not reporting the matter to
police; and
15
• must contain any other information or evidence required
by the scheme decision maker.
Subclause (2) confirms that a statutory declaration in relation to
not reporting to the police is not required if the applicant is in a
prescribed special reporting category.
Clause 23 deals with time limits for making applications for assistance.
Subclause (1) requires that an application must be made within
3 years after the occurrence of the act of violence, or 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. This increases the current time limit of 2 years
as provided for in section 29 of the Victims of Crime
Assistance Act 1996.
Subclause (2) states that, subject to subclause (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.
Subclause (3) states that an application made by or on behalf of a
victim may be made at any time after the occurrence of an act of
violence if the victim was under the age of 18 years when the act
of violence occurred, and the act of violence consisted of or
involved child abuse or family violence.
Subclause (4) states that an application by or on behalf of a
victim may be made within 10 years after the occurrence of an
act of violence if the victim was at least 18 years old when the
act of violence occurred and the act of violence consisted of or
involved a sexual offence or family violence. This increases the
current time limit of 2 years as provided for in section 29 of the
Victims of Crime Assistance Act 1996.
Subclause (5) states that 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.
Subclause (6) states that, for the purpose of this clause, an act of
violence that consists of a series of related criminal acts occurs
on the occurrence of the last of those criminal acts.
16
Clause 24 sets out the circumstances in which 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.
The discretion to consider and decide an application made out of
time is broad in recognition of the unique needs of victims and
the myriad of reasons or factors the scheme decision maker
should have regard to as to why a victim may legitimately have
previously been unable to make an application for assistance
within time.
Clause 25 entitles an applicant to represented or assisted by a legal
practitioner or any other person in relation to an application.
Subclause (2) provides that a legal practitioner or other person is
not entitled to--
• 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
• claim a lien in respect of any legal or other costs or
amounts on any amount of assistance granted to an
applicant; or
• withhold any legal or other costs or amounts from any
amount of assistance granted to an applicant.
Subclause (3) clarifies that this is despite anything to the contrary
in the Legal Profession Uniform Law (Victoria) or the Legal
Profession Uniform Law Application Act 2014. A decision on
whether to pay reasonable legal or other costs is not a reviewable
decision under the Bill.
Clause 26 entitles an applicant to, at any time before an application is
decided, amend or withdraw their application by written notice to
the scheme decision maker. It is not intended that the
withdrawal of an application would prevent the person from
making another application for assistance subsequently as long
as they are within the time limits provided in clause 23.
Clause 27 deals with the process for an application to lapse. This clause
balances the need to ensure that the scheme can progress
applications and avoid the accumulation of a backlog of pending
17
applications, while also allowing applicants to subsequently file
a fresh application in the future.
Subclause (1) provides that the scheme decision maker may give
the applicant written notice that the application will lapse in 6
months unless the applicant responds to the written notice within
the 6 months.
Subclause (2) provides that where the applicant has been
provided written notice, their application will lapse if 6 months
passes, and the person has not responded to the notice.
Subclause (3) confirms that the mere fact that an application has
lapsed will not prevent the same applicant from making a fresh
application for assistance in future, within the relevant time
periods provided in clause 23.
Division 2--Considering and deciding applications
Clause 28 establishes that applicants must satisfy the scheme decision
maker to the civil standard of proof (on the balance of
probabilities) about the existence of any matter relevant to
deciding an application.
Subclause (2) empowers the scheme decision maker to determine
that an act of violence occurred regardless of any concurrent
legal proceedings underway.
Clause 29 requires the scheme decision maker to act with as much
expedition as the requirements of the Bill and a proper
determination of the application permit. This clause supports the
provision of timely assistance to victims of crime as one of the
overarching priorities of the Bill.
Subclause (2) prohibits the scheme decision maker from delaying
reaching a decision on an application only because a legal
proceeding, whether civil or criminal, is pending in a court
relevant to the application. However, the scheme decision maker
may delay deciding an application if they reasonably believe that
any information or document in, or accompanying, the
application was fraudulent or knowingly false or misleading.
This balances the scheme decision maker's duty to act
expeditiously while empowering the scheme decision maker to
delay reaching a decision where further relevant information is
required to determine an application for assistance.
18
Clause 30 provides that a scheme decision maker must decide applications
without conducting oral hearings. Removal of hearings removes
the need to subject applicants to the potentially traumatic
experience of attending hearings.
Clause 31 requires the scheme decision maker to refuse an application if
satisfied that--
• the applicant is not a member of a prescribed category
of persons and the scheme decision maker is satisfied
that--
• the act of violence was not reported to the police
within a reasonable time; or
• the applicant failed to provide reasonable
assistance to any person of 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 as committed or alleged to have
been committed; or
• the application is made in collusion with the person who
committed or is alleged to have committed the act of
violence; or
• 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.
Subclause (2) confers a broad discretionary power on the scheme
decision maker to consider whether there were special
circumstances for the act of violence not being reported to police
within a reasonable time, or reasons why the applicant failed to
provide reasonable assistance to investigative or prosecutorial
bodies. This subclause aims to remove barriers previously faced
by victims of sexual offences and family violence and the
specific reasons as to why victim-survivors of these categories of
offending may face unique hurdles or barriers in reporting the
violence committed against them.
In the future, regulations could prescribe certain cohorts of
victims in a special reporting category that would not have to
report the act of violence to police.
19
Clause 32 sets out non-exhaustive factors to which the scheme decision
maker may have regard when considering whether an act of
violence was reported to the police within a reasonable time.
In recognition of the unique circumstances faced by
victim-survivors, factors to which the scheme decision maker
may have regard include but are not limited to whether the
applicant has an intellectual disability within the meaning of the
Disability Act 2006, the age of the victim, whether the person
who committed the act of violence was in a position of power,
influence or trust or whether the applicant was threatened or
intimidated by the person alleged to have committed the act of
violence.
Clause 33 sets out certain factors which the scheme decision maker must
take into account when considering whether to pay assistance or
refuse an application. These factors include--
• the applicant's 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;
• the attitude of the applicant at any time, whether before,
during or after the commission of the act of violence;
• 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;
• any other circumstances the scheme decision maker
considers relevant.
The scheme decision maker has the discretion to consider the
relevance or non-relevance of an applicant's criminal history.
This clause is intended to ensure that the scheme decision maker
could consider an application as to whether the applicant was
involved in the commission of the offence. It is not intended that
an applicant's criminal history is considered unless it is otherwise
relevant.
20
Under clause 58, the scheme decision maker will be empowered
to make and publicly publish guidelines as to when an applicant's
criminal history may be relevant in considering an application
for financial assistance.
Clause 34 requires the scheme decision maker, after considering an
application against the statutory criteria, to decide whether to pay
assistance to the applicant or refuse the application. Imposing an
obligation on the scheme decision maker to reach a decision after
considering the application goes to the intent that applications be
considered in a timely manner.
Subclause (2) provides that the scheme decision maker must be
satisfied of the following criteria in order to make a decision to
pay assistance--
• an act of violence has occurred; and
• the applicant is a primary victim, secondary victim or
related victim who has incurred funeral expenses as a
direct result of the death of such a primary victim; and
• the applicant is eligible to receive the assistance.
Under subclause (3) the scheme decision maker may impose any
conditions which they consider appropriate on the payment of
assistance. This can include that the assistance be repaid in
certain circumstances and allows assistance to be held on trust
for the benefit of the applicant. Examples of the types of
conditions which the scheme decision maker can impose are
non-exhaustively provided for in subclause (4).
Subclause (5) confirms that it is not a prerequisite for the scheme
decision maker to decide to grant assistance for there to have
been charges laid or a finding of guilt made or conviction
recorded in relation to the act of violence.
Clause 35 compels the scheme decision maker to provide an applicant with
written notice of a decision. Subclause (2) sets out minimum
components of the notice, which are--
• state whether the decision is to pay assistance to the
applicant or refuse the application; and
• state the reasons for the decision, including the reasons
for imposing any conditions; and
21
• give details of the applicant's right to internal review or
Victorian Civil and Administrative Tribunal (VCAT)
review of the decision, and
• if the decision is to pay assistance, state--
• the total amount payable (including breakdowns,
if applicable); and
• any conditions on the payment of assistance.
Division 3--Payment of assistance
Clause 36 sets out the form of payment of assistance to be made to
applicants, providing the scheme decision maker with flexibility
to pay assistance in whole or in part to the applicant or to any
other person for the benefit of the applicant. This allows funds
to be paid to third parties, such as medical providers, on behalf of
the applicant and affords flexibility to the scheme decision maker
to tailor the assistant on a case-by-case basis.
Subclause (2) confirms that 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 for
verification purposes.
Subclause (3) empowers the scheme decision maker to specify
terms and conditions to be complied with before any instalment
is paid.
Subclause (4) allows the scheme decision maker to 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.
Subclause (5) states that 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 held on trust for
that person.
Clause 37 allows the scheme decision maker to pay interim assistance in
any circumstances that the scheme decision maker considers
appropriate pending the making of a final decision on an
application. In recognition of the fact that some victim-survivors
may require assistance for immediate or urgent needs, the power
22
to grant this assistance enables the scheme decision maker to
tailor the interim assistance required on a case-by-case basis.
Subclause (2) provides that if interim assistance is paid pending
the outcome of a final decision on the application, and the final
decision is to refuse the application, then--
• upon refusing the application, the scheme decision
maker may require the applicant to repay the amount of
the interim assistance; and
• if it is not repaid, the scheme decision maker may
recover the amount from the applicant as a debt due to
the State.
Pursuant to subclause (3), the scheme decision maker must
deduct the amount of any interim assistance from the amount of
assistance to be paid from any assistance to the applicant on the
application.
Subclause (4) confirms that clauses 34(3) and (4) and 36 apply to
interim assistance, being the scheme decision maker's power to
impose conditions on payment of assistance and to pay
assistance in whole or in part.
Clause 38 empowers the scheme decision maker to pay an amount of
assistance to a creditor in respect of reasonable expenses. This
payment acts to reduce the burden on a person who is awarded
assistance by enabling the scheme decision maker to pay an
amount directly to a creditor for a reasonable expense. This
could include making direct payment to a friend of an applicant
who has made payment of a reasonable expense on behalf of the
applicant to satisfy the debt owed by the person awarded
assistance.
Subclause (2) defines the terms creditor and expenses for the
purposes of the clause.
Clause 39 empowers the scheme decision maker to pay an amount to a
legal practitioner or other person for the reasonable legal costs
(or other costs) in representing or assisting an applicant in
relation to an application. Under clause 58, the scheme decision
maker may make and publicly publish guidelines as to the
payment of amounts to persons for legal or other costs
23
representing an applicant, including where costs are and are not
considered to be reasonable.
Division 4--Victim recognition
Clause 40 states that, if the scheme decision maker decides to pay
assistance under this Bill, then upon the request of a victim, the
scheme decision maker must give the victim a statement on
behalf of the State acknowledging the effects of the act of
violence on the victim and expressing the State's condolences.
The provision of victim recognition statements is one tool for the
State to express its condolences to victims and provide them with
an acknowledgment of the suffering they may have experienced.
Clause 41 entitles victims who have been granted an application for
assistance to request the scheme decision maker meet with the
victim on behalf of the State to acknowledge the effects of the
act of violence on the victim and express the State's condolences.
Subclause (2) provides that the scheme decision maker, upon
receipt of a request, may hold a victim recognition meeting after
a decision has been made to pay assistance under this Bill, and
must take all reasonable steps to hold the meeting in private, with
the only permitted attendees being--
• the victim; and
• any support person for the victim; and
• any legal practitioner representing the victim; and
• the scheme decision maker; and
• any other person the scheme decision maker; and
considers necessary or appropriate.
Furthermore, subclause (2) requires that, when holding a victim
recognition meeting, it is done so in a manner which is culturally
safe and protects victims from undue trauma, intimidation and
distress, and prioritises the victim's needs, safety and wellbeing.
Providing victims with a safe and culturally appropriate forum to
meet with an appropriate representative of the State is one tool
for the State to express its condolences to victims and provide
them with an acknowledgment of the suffering they may have
experienced. The individual needs of victims are also reflected
24
by the obligation held by the scheme decision maker to consider
cultural sensitivities or support which ought to be put in place.
Subclause (3) also requires that when a victim recognition
meeting is held, the scheme decision maker must give the victim
the opportunity to read aloud a statement or other document that
sets out the effects of the act of violence on the victim and to
afford the victim the opportunity to discuss those effects with the
scheme decision maker.
Subclause (4) states that anything said or done, or any document
produced, at a victim recognition meeting is not admissible as
evidence in any legal proceeding. This exception is designed to
afford victims the peace of mind that the focus of victim
recognition meetings is providing a safe space for the act of
violence to be acknowledged and the State to express their
condolences for the experience of the victim. In light of this,
nothing said or done can be entered into evidence in any legal
proceedings.
Division 5--General provisions
Clause 42 Subclause (1) allows a person to whom, or for whose benefit,
assistance is paid, on or after being notified of the decision to
pay the assistance, to 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. This subclause empowers the State in certain
circumstances to pursue offender recovery of amounts of
assistance to improve sustainability of the scheme. The scheme
decision maker retains a discretion as to whether or not to pursue
offender recovery.
Subclause (2) states that money recovered by the State in the
exercise of a right assigned to it must be dealt with it as
follows--
• the amount of assistance paid to the assignor or the
amount recovered (if less), must be paid into the
Consolidated Fund; and
• the balance, if any, must be paid to the assignor.
25
Subclause (3) states that the scheme decision maker retains the
discretion to decline to take or continue the recovery action
under a right assigned to the State if the scheme decision maker
considers that there is a risk to the safety of any person if the
action is taken or continued, or there is no reasonable prospect of
success, or in any other circumstances that the scheme decision
maker considers relevant.
Empowering the scheme decision maker to retain the discretion
to consider and determine whether to pursue offender recovery
action on a case-by-case basis enables the scheme decision
maker to consider whether, amongst other considerations, a
particular offender has the means to repay the amount of
assistance paid.
Clause 43 provides that 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.
Part 4--Review, variation and repayment of assistance
Division 1--Reviews
Clause 44 defines a reviewable decision for the purposes of the Division to
be any of the following decisions made by the scheme decision
maker or a delegate of the scheme decision maker--
• a refusal of an application for assistance, including a
decision to require payment of any interim assistance;
• a decision as to the amount of assistance to be paid to an
applicant;
• a refusal to vary assistance under Division 2 of Part 4;
• a decision as to the amount of assistance on an
application for variation under Division 2 of Part 4;
• a decision under Division 3 of Part 4 to require a person
to repay an amount of assistance, including a decision as
to the amount of assistance of the repayment.
A decision made by the scheme decision maker on an internal
review under clause 45 is also a reviewable decision.
26
A decision on whether to pay reasonable legal or other costs in
accordance with clause 39 is not a reviewable decision.
A decision on whether to pay interim assistance in accordance
with clause 37 is not a reviewable decision. However, if the
scheme decision maker refuses an application for assistance and
requires an applicant to repay an interim assistance paid earlier,
the repayment decision is a reviewable decision.
Clause 45 subclause (1) provides that 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.
Subclause (2) prescribes the time period by which an application
for internal review must be made to be 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.
However, subclause (3) confers a broad discretion on the scheme
decision maker to extend the time for applying for an internal
review at any time.
Upon receipt of an application, subclause (4) requires that the
internal review be conducted by the scheme decision maker or a
member of staff who holds a more senior position than the
delegate who made the reviewable decision. In recognition of
the fact that any review of a decision maker is a fresh
examination of the application and its merits, it is appropriate
that the review be undertaken by a more senior member of staff
than the original decision maker.
Subclause (5) provides that a decision made by a person
appointed by the scheme decision maker is taken to be a decision
of the scheme decision maker. This enables internal review
decisions to be reviewable by VCAT.
Subclause (6) requires the person conducting the internal review
to affirm or amend the reviewable decision or substitute another
decision for the reviewable decision.
Subclause (7) provides that the scheme decision maker must give
the applicant for internal review written notice of the decision,
including reasons for the decision, as soon as practicable and in
any event within 28 days after the decision. These timeframes
are relevant to avenues for appeal available to an applicant and
27
ensure that an applicant is not disadvantaged by the scheme
decision maker failing to provide them with the necessary
documentation to seek review of the scheme decision maker's
decision.
Clause 46 Subclause (1) provides that 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. A person whose
interests are affected by a reviewable decision may apply for
external review of the decision once internal review processes
are exhausted. If the original decision was made by the scheme
decision maker, then an internal review of the decision does not
need to have taken place before a person can apply for external
review of the decision.
Subclause (2) provides that an application for review must be
made within 28 days after the day on which notice of the
reviewable decision, including reasons for the decision, is given
to the person entitled to notice. This statutory timeframe for
lodging an application for review aligns with standard
timeframes and encourages timely review of decisions.
Clause 47 provides that, despite anything to the contrary in the Bill or the
Victorian Civil and Administrative Tribunal Act 1998, the
following are not persons whose interests are affected by a
reviewable decision--
• persons who received a payment for the benefit of the
applicant under clause 36(1)(a)(ii); and
• creditors referred to in clause 38.
The effect of this clause is that the above persons are not entitled
to seek a review of a decision. A decision to pay assistance,
albeit to a third party, remains for the benefit of the applicant and
is not to be taken to entitle a third-party recipient of payment to
seek review of the scheme maker's decision.
Division 2--Variation of assistance
Clause 48 entitles a person to whom, or for whose benefit, assistance was
paid under Part 3 to apply to the scheme decision maker to vary
the assistance.
28
Subclause (2) sets out the statutory criteria for making an
application for variation, being--
• such an application must be received within 10 years
after the day on which the original decision to pay
assistance was made; or
• if the person was under the age of 18 years of age when
the decision to pay assistance was made, an application
for variation may be made at any time until the person
turns 28 years of age; or
• 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.
Subclause (3) empowers the scheme decision maker to 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 in some other way. The power is broad in
recognition of the fact that the needs of applicants may change
over time and that, to respond to the needs of victims, the scheme
decision maker needs flexibility and broad powers.
Subclause (4) provides that, in considering an application for
variation, the scheme decision maker must take into account
certain factors including--
• any fresh evidence that has become available since the
decision to pay the assistance was made or the
assistance was last varied; and
• any change of circumstances; and
• any payments received by or payable to the person to
whom, or for whose benefit, a decision to pay assistance
was made; and
• anything else that the scheme decision maker considers
relevant.
The considerations to be taken into account by the scheme
decision maker balance the need to verify the basis on which the
application for variation is sought while affording flexibility to
29
both the scheme decision maker and the applicant for the Bill to
respond to the applicant's changed needs.
Subclause (6) provides that the scheme decision maker remains
bound by the maximum amounts of assistance as in force at the
time the assistance was originally paid. This clarifies that
applications for variations are not fresh applications and do not
displace the maximum award caps.
Clause 49 Subclause (1) states that the scheme decision maker must give a
person who applied for variation of assistance under clause 48
written notice of a decision on the application. This encourages
transparency and could also be relevant for an applicant's
decision to apply for an internal review of the decision or to
apply to VCAT for review of the scheme decision maker's
decision.
Subclause (2) prescribes the minimum requirements of the notice
to be given to an applicant, being that the notice must--
• state whether the decision is to vary the assistance or
refuse the application; and
• if the decision is to vary the assistance, to state the
amount of the variation and any conditions of the
variation;
• state the reasons for the decision, including the reasons
for imposing any conditions on the variation; and
• give details of the person's right to internal review or
VCAT review of the decision.
The notice requirements encourage transparency and also are
relevant in an applicant considering whether or not to apply for
internal review or to VCAT.
Division 3--Repayment of assistance
Clause 50 applies if a person who has received assistance subsequently
receives any amount that clause 18 would have required the
scheme decision maker to take into account if it had been
received before the decision on the assistance was made.
30
Subclause (2) provides that the scheme decision may require the
person to repay--
• the amount of assistance paid under the Bill if equal or
less than the amount of the damages, compensation,
assistance or other payments subsequently received; or
• the amount of damages, compensation, assistance or
other payments subsequently received, if the amount of
the assistance paid under this Bill is greater.
The scheme decision maker retains the discretion as to whether
or not to decide that assistance must be repaid.
Subclause (3) provides that, in deciding whether to require
repayment, the scheme decision maker may take into account
any matters the scheme decision maker considers relevant.
This aligns with the broad discretion as to whether to require
repayment provided for in subclause (2) in acknowledgement
that the factors which may lead to this decision are likely to be
varied and will by considered on a case-by-case basis.
Subclause (4) states that if assistance has been paid to a person or
for their benefit and the amount of assistance is decreased on
review under Division 1 of Part 4 or variation under Division 2
of Part 4, the scheme decision maker may require the person to
repay the amount by which the assistance is decreased.
Subclause (5) confirms that money not repaid as required by the
scheme decision maker may be recovered by the scheme
decision maker as a debt due to the State by the usual debt
recovery processes available at law.
Clause 51 requires the scheme decision maker to give written notice of a
decision under clause 50 to require repayment of assistance,
which must--
• state the amount required to be repaid and the date by
which it must be repaid; and
• state the reasons for the decision; and
• give details of the right to internal review or VCAT
review of the decision.
31
The notice requirement encourages transparency and open
communication and may be relevant to an applicant's decision to
seek internal review of the scheme maker's decision to require a
person to repay an amount under Division 3 or to lodge an
application for review with VCAT.
Subclause (3) permits the scheme decision maker to extend the
date stated in a notice by which an amount must be repaid,
acknowledging that some people may require flexibility with
repayment.
Part 5--Administration
Division 1--Scheme decision maker
Clause 52 establishes the role of scheme decision maker to be employed by
the Secretary to the Department of Justice and Community
Safety under Part 3 of the Public Administration Act 2004.
Clause 53 provides that the functions of the scheme decision maker are
to--
• administer the scheme for providing assistance to
victims under this Bill, including--
• to receive and decide applications; and
• to pay amounts of assistance; and
• to review decisions on assistance made by
delegates of the scheme decision maker; and
• to administer the recovery and repayment
processes for amounts of assistance paid;
• to provide victim recognition statements and conduct
victim recognition meetings;
• to provide--
• 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
• referrals to those support systems and other
available assistance; and
32
• to publish guidance material and other resources for
victims, support service providers and legal
practitioners in relation to the scheme;
• to conduct education and training, public awareness
activities and research in relation to the scheme;
• to collect and publish annual data and information in
relation to the scheme;
• to make complaints to the appropriate entities about
excessive amounts charged to victims by legal
practitioners, medical practitioners or counselling
service providers;
• 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;
• any other functions conferred on the scheme decision
maker by or under this or any other Act.
Subclause (2) confirms that the complaints process established
by the scheme decision maker must be consistent with the
Charter principles within the meaning of the Victims' Charter
Act 2006.
The functions reflect the varied needs of victims of crime and
their needs as they recover from their experiences. For example,
the scheme decision maker's function to provide information to
victims as well as facilitate referrals to appropriate support
systems ensures that victims are given access to appropriate
support services, such as restorative justice services.
The importance of features of this Bill in providing victims with
a space to have their experience acknowledged by the State is
reflected by the fact that facilitating victim recognition meetings
and statements are expressly included in the scheme decision
maker's functions.
Clause 54 provides that there may be employed by the Secretary to the
Department of Justice and Community Safety under Part 3 of the
Public Administration Act 2004 one or more deputy scheme
decision makers and as many other staff as are necessary for the
effective operation of this Act. The flexibility afforded by this
33
provision ensures that appropriate considerations and decisions
made be made to support the scheme decision maker to discharge
their functions under this Bill.
Clause 55 provides that 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. The broad power of delegation allows the scheme
decision maker to ensure that assistance is being provided to
victims as expeditiously as resourcing will allow.
Division 2--Information gathering and sharing
Clause 56 provides that, for the purpose of performing functions under the
Bill, the scheme decision maker may obtain information and
documents from any person, request an applicant to provide to
the scheme decision maker any information or documents
relevant to the application and, by written notice, require any
person (other than an applicant) to provide to the scheme
decision maker any information or documents relevant to the
performance of those functions. The scheme decision maker
may also specify in the notice a time period by which the person
must respond.
The scheme decision maker cannot require an applicant to
provide information and can only request information from an
applicant.
It is intended that this clause will provide the scheme decision
maker with information gathering powers so as to be able to
discharge their functions under the Bill. For example, the
scheme decision maker may investigate whether an applicant
applying for financial assistance out of time was experiencing a
pattern of family violence, a consideration under clause 24(f),
and may seek information from Victoria Police or family
violence services to confirm this.
Subclause (2) creates an offence for failing to comply with the
notice to provide information or documents to the scheme
decision maker upon written request and without reasonable
excuse. The maximum penalty for the offence is 10 penalty
units.
34
A person does not commit an offence if the person has a
reasonable excuse for non-compliance with the notice to
produce. This exception acts to preserve privileges and
immunities such as legal professional privilege, privilege against
self-incrimination and public interest immunity.
Subclause (3) enables the scheme decision maker to extend, or
further extend, the period specified in the original notice under
subclause (1)(c) for compliance with the requirement.
Clause 57 provides that the scheme decision maker, or a member of staff,
must not disclose any information in their possession relating to
an application except to the extent necessary to perform
functions under this Bill or as otherwise permitted by this
Division.
Subclause (2) defines the instances in which the scheme decision
maker or a member of staff may disclose any information
relating to an application in their possession, being--
• at the applicant's request; or
• to another person at the written request of the applicant;
or
• in accordance with any authorisation provided by the
applicant in the application; or
• in accordance with clause 63, which deals with the
admissibility of scheme materials in legal proceedings;
or
• 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
• as permitted or required any other law; or
• to a prescribed person or body, or prescribed category of
person or body, for the purpose of performing a
prescribed function.
An example of information sharing by the scheme decision
maker under clause 57(2)(f) would include the scheme decision
maker, if prescribed as an information sharing entity under the
Family Violence Protection Act 2008.
35
This clause is not intended to infringe section 4(1A) of the
Judicial Proceedings Reports Act 1958, which provides that
any person who publishes or causes to be published any matter
that contains any particulars likely to lead to the identification of
a person against whom a sexual offence is alleged to have been
committed is guilty of an offence, whether or not a criminal
proceeding in respect of the alleged offence or offence has
commenced, is being conducted or has been finally determined.
As such, disclosure of information in accordance with this clause
by the scheme decision maker or scheme staff is not intended to
constitute a publication within the meaning of section 4(1A) of
the Judicial Proceedings Reports Act 1958.
The scheme decision maker is not obligated by this clause to
provide the information upon request. This clause is facilitative
and does not compel the scheme decision maker to comply with
such a request. There may be instances in which it is not
appropriate for the scheme decision maker to disclose certain
information, for example, for privacy reasons.
Division 3--General
Clause 58 subclause (1) states that the scheme decision maker may, from
time to time, 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.
The broad discretion to publish guidelines, aimed at increasing
transparency and providing guidance and certainty to applicants
and potential applicants, is further reflected in subclause (2)
which provides examples of the types of guidelines which may
be made by the scheme decision maker, including but not limited
to--
• determining whether a person is a close family member
of a deceased primary victim;
• determining whether criminal acts are related;
• determining the assistance available to victims and for
funeral expenses;
• determining circumstances in which a person may make
an application on another person's behalf;
36
• determining whether to consider and decide applications
made out of time;
• determining whether past criminal activity, findings of
guilt or convictions are relevant to an application;
• imposing conditions on the payment of assistance as to
the circumstances in which the whole or any part of the
assistance must be repaid;
• the payment of assistance to creditors;
• the payment of amounts to persons for legal or other
costs of representing an applicant;
• determining whether to hold victim recognition
meetings;
• determining whether to extend time to apply for internal
review;
• deciding applications for variation of assistance;
• 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.
Subclause (3) provides for publication and availability of
guidelines. It aims to facilitate access to the guidelines by all
victims, whether or not they have the means or ability to access
to the internet.
Subclause (4) requires that, in 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. This
increases accountability and consistency of decision-making in
line with the scheme decision maker's published guidelines.
Clause 59 subclause (1) confirms that 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
they consider that the amount claimed is not fair or reasonable.
These complaints would be made to the Victorian Legal Services
Commissioner.
37
Subclause (2) confirms that 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.
Other regulatory bodies could include the Mental Health
Complaints Commissioner.
Both subclauses are directed at ensuring that fees charged by
practitioners in relation to applications for assistance are
reasonable and affords an avenue for recourse to the scheme
decision maker if a practitioner is engaging in unscrupulous or
are charging grossly excessive fees.
Part 6--Miscellaneous
Division 1--Publication and admissibility of documents and other
information
Clause 60 provides the definition of publish for the purposes of this
Division. Publish means to disseminate or provide access to the
public or a section of the public by any means, including by--
• publication in a book, newspaper, magazine or other
written publication; or
• broadcast by radio or television; or
• public exhibition; or
• any other broadcast or electronic communication.
Clause 61 establishes that it is an offence to publish certain scheme
documents, being documents or copies of or extracts from
documents that--
• were created by the scheme decision maker or a
member of staff in the performance of a function under
this Bill; and
• identify, or are likely to lead to the identification of, a
person who has made or is otherwise connected with an
application.
38
The maximum penalty associated with this offence is 20 penalty
units or imprisonment for 4 months, or both, in the case of a
natural person, or 50 penalty units in the case of a body
corporate.
This clause does not prohibit the publication of deidentified data,
for example, for the purposes of annual reporting on the Bill.
Subclause (2) confirms that, without limiting subclause (1)(a), a
document referred to in that subclause 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 written notice of a decision made on an application;
• a victim recognition statement;
• any written material provided to a person by the scheme
decision maker or a member of staff at a victim
recognition meeting.
The documents non-exhaustively listed by this subclause are
examples only and, in the interests of clarity, confirm that those
documents listed must not be published where they would
identify or likely lead to the identification of a person connected
to the application.
Subclause (3) provides that subclause (1) does not apply if the
scheme document, or the copy of or extract from the document,
is admissible as evidence in a legal proceeding and the court
makes an order requiring to the document to be published. This
ensures that, while publication of scheme documents is limited
by this subclause, scheme documents may be published in
narrow circumstances.
Subclause (4) clarifies that 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.
Clause 62 establishes that it is an offence to publish any information related
to a decision on whether or not to pay assistance if the
information identifies or is likely to identify a person who has
made or is otherwise connected to the application.
39
The maximum penalty associated with this offence is 20 penalty
units or imprisonment for 4 months, or both, in the case of a
natural person, or 50 penalty units, in the case of a body
corporate.
Subclause (2) provides that the offence created by subclause (1)
does not apply in relation to the publication of a document, or a
copy of or extract from a document, referred to in subclause
61(1).
Subclause (3) provides that, subject to subclause (4), the offence
created by subclause (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 the applicant or
any person connected with the application who has consented to
the publication. This subclause allows victims to publish
information (but not documents) relating to their experience of
making an application for financial assistance or the act of
violence it concerns, so long as that publication does not include
information related to the outcome of the application that
identifies another person without their consent. For example, a
victim would be entitled to publish a social media post stating
that they have made an application to the financial assistance
scheme for assistance in relation to an act of violence that was
committed against them. If the post does not include any
information relating to the decision that identifies, or is likely to
lead to the identification of, any other person, the social media
post would not constitute an offence under subclause (1).
By contrast, where an applicant publishes on social media that
they made an application for financial assistance, and the scheme
decision maker awarded them $1,000, because Person B
assaulted them, that post would constitute an offence under
subclause (1), as the applicant's social media post identified
another person associated with the application, being Person B.
Subclause (4) provides that subclause (3) does not apply to the
publication of any 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. This
subclause protects the identities of people who committed, or are
40
alleged to have committed, offences when they were minors and
clarifies that this information cannot be published regardless of
consent.
Subclause (5) clarifies that 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.
Subclause (6) defines adult applicant to be a person who has
made an application and who is over the age of 18 years at the
time of publishing. By implication, applicants who are minors
may not consent to the publication of information until they
attain the age of 18 years.
Clause 63 provides that the following documents (including copies or
extracts from them), despite anything to the contrary in the
Evidence Act 2008, are not admissible as evidence in any legal
proceeding--
• an application;
• a document accompanying an application that was
prepared solely for the purposes of the application;
• 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;
• a document prepared by the scheme decision maker or a
member of staff in connection with an application.
Although this clause is intended to restrict the admissibility of
scheme materials in legal proceedings, it is also intended not to
inadvertently restrict the admissibility of documents that exist
elsewhere and are otherwise admissible as evidence in a legal
proceeding or were prepared or are being used for other purposes
(for example hospital or police records). Subclause (1)(b), for
example, is confined to documents prepared solely for the
purpose of an application for assistance made to the scheme
decision maker (for example, a statement prepared solely to
accompany an application for assistance).
Subclause (2) provides exceptions to the inadmissibility of
documents as provided for in subclause (1) in certain
proceedings, including--
41
• a proceeding for review of a decision made under this
Bill, if the applicant is a party to that proceeding.
For example, if the applicant applies to VCAT or for
judicial review of a decision on an application, then
documents referred to in subclause (1) are admissible in
those proceedings;
• in a proceeding for an offence against this Bill, such as
the offence of providing false or misleading information
in relation to an application created by clause 66;
• in a proceeding for an offence against section 81, 82, 83
or 83A of the Crimes Act 1958 (fraud) or an offence of
conspiracy to commit, incitement to commit or
attempting to commit any such offence; or
• 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
• with the consent of the applicant.
Subclause (3) confirms that a person cannot be required, by
subpoena, summons or otherwise, to produce a document that is
inadmissible under this clause. This subclause prevents scheme
documents from being subpoenaed for use in legal proceedings.
Clause 64 prohibits cross-examination of a victim in any legal proceeding
on the contents of a document referred to in clause 63(1) unless
the document is admissible in that proceeding in accordance with
clause 63(2).
This protection is further strengthened by subclause (2), which
states that during cross-examination in any legal proceeding a
victim cannot be requested to consent to the admission of a
document referred to in clause 63(1).
Subclause (3) confers an obligation on a court to advise a victim
of the protected status of a document referred to in clause 63(1),
and the effect of providing consent to its admission, if the victim
wishes to consent to the admission of the document.
Despite a victim consenting to the admission in any legal
proceeding of a document referred to in clause 63(1), a court
may, as it considers appropriate in the interests of justice,
42
nonetheless disallow cross-examination on the contents of the
document.
This clause addresses concerns that victims may be faced with
'on the spot' questioning during cross-examination as to the
contents of their applications for financial assistance. The court's
discretion to disallow cross-examination even with the consent of
the victim to a document's admission also provides a further
safeguard for victims when they may not fully understand the
repercussions of providing consent or have not had the
opportunity to seek independent legal advice.
Division 2--General
Clause 65 creates the offence of obtaining financial assistance under this
Bill by fraud, with an associated maximum penalty of
120 penalty units or 12 months imprisonment, or both.
Subclause (2) creates the offence that a person must not
knowingly assist another person to obtain assistance fraudulently
under this Bill.
These offences aim to dissuade people from lodging fraudulent
applications, thereby encouraging responsible and appropriate
disbursement of public money to victims of crime and supporting
the integrity and sustainability of the scheme.
Clause 66 creates the offence of providing false or misleading information
in relation to an application, with an exception for a person who
believed on reasonable grounds that--
• in the case of false information, the information was
true; or
• in the case of misleading information, the information
was not misleading.
The maximum penalty associated with this offence is
120 penalty units or imprisonment for 12 months, or both.
This offence provides a disincentive to applicants to provide
false or misleading information in support of an application for
financial assistance.
43
Clause 67 confers an obligation on the scheme decision maker to provide
an annual report to the Minister on the performance of the
scheme decision maker's functions, powers and duties during the
financial year ending on the previous 30 June.
Subclause (2) obligates the Minister to cause a report under
subclause (1) to be presented to each House of Parliament within
7 sitting days of that House after the report is received by the
Minister.
Clause 68 deals with the funding of the scheme and the amounts required to
be paid into and out of the Consolidated Fund.
Subclause (1) provides that the following amounts must be paid
out of the Consolidated Fund, which is appropriated by this
subclause to the necessary extent--
• amounts of assistance to be paid under this Bill; and
• amounts to be paid under this Bill for reasonable costs
in assisting or legally representing an applicant in
relation to an application.
Subclause (2) provides that the following amounts must be paid
into the Consolidated Fund--
• amounts repaid under this Bill; and
• any amount otherwise paid to or recovered by the State
under this Bill.
Clause 69 empowers the scheme decision maker to hold an amount of
assistance on trust if satisfied that it is appropriate to do so.
Subclause (2) allows the scheme decision maker to invest money
held on trust under subclause (1) on deposit with an ADI, which
is an authorised deposit-taking institution within the meaning of
the Banking Act 1959 of the Commonwealth, or in any manner
in which trust funds may be invested under the Trustee
Act 1958.
Subclause (3) obligates the scheme decision maker to pay all
income from the investment of money under subclause (2) to the
person for whose benefit the amount of assistance is to be paid
under this Bill. This highlights and reinforces the fact that the
funds are always held for the benefit of the victim.
44
Clause 70 allows the scheme decision maker to pay assistance to an
administrator for a person, if an administration order is in effect
for that person.
Subclause (2) provides that, if a person for whose benefit
assistance is to be paid 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.
Subclause (3) provides that the Senior Master must hold money
received under subclause (2) as if 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 subclause
(2), and the money had been paid into court in accordance with
that order. The duties and obligations of the Senior Master are
identical to that of a beneficiary of a court order described in
subclause (3)(a).
Subclause (4) provides that clause 70 does not affect the
operation of the Guardianship and Administration Act 2019,
and subclause (5) defines person under disability to have the
same meaning as in section 33A of the Supreme Court
Act 1986.
Clause 71 subclause (1) requires the Minister to commission an
independent review on the operation of this Bill within 2 years of
the commencement of this clause.
Subclause (2) provides that the person who conducts the review
under subclause (1) must give a written report of the review to
the Minister.
Subclause (3) requires the Minister to cause a copy of the report
under subclause (2) to be presented to each House of Parliament
within 10 sitting days after the report is received by the Minister.
This clause aims to ensure that the scheme is able to evolve with
the changing needs of victims and to ensure that access to the
scheme is facilitated for all victims of crime and that the
government is provided with impartial advice on how to ensure
the efficiency and responsiveness of the scheme in the future.
45
Clause 72 subclause (1) provides that the relevant amount payable to or for
the benefit of a victim is to be indexed annually in accordance
with the specified formula.
Clause 73 empowers the Governor in Council to make regulations for or
with respect to any matter or thing required or permitted by the
Bill to be prescribed or necessary to be prescribed to give effect
to the Bill. Without limiting the matters or things for which the
Governor in Council may make regulations, subclause (2)
provides examples such as--
• additional offences that are relevant offences; and
• categories of persons who are primary victims; and
• special reporting categories of persons; and
• amounts of assistance for which victims may be
eligible; and
• circumstances for the payment of special financial
assistance; and
• circumstances in which an application may be made for
assistance for expenses relating to reasonable
counselling services.
Part 7--Transitional provisions
Clause 74 deals with applications for additional assistance made by victims
who have received an award under the Victims of Crime
Assistance Act 1996.
Subclause (1) provides that a person who has had the benefit of
an award by VOCAT under the Victims of Crime Assistance
Act 1996 may apply to the scheme decision maker to vary the
award. Upon a person applying to the scheme for a VOCAT
award to be varied, the scheme decision maker would assume
administrative responsibility of that award.
Subclause (2) provides that an application for a variation must be
made within 6 years after the day on which the award was made
or if the person was under the age of 18 years when the award
was made at any time until the person turns 24 years of age.
Subclause (3) provides that an application for a substantive
variation may be made only once.
46
Subclause (4) empowers the scheme decision maker to--
• in the case of an application for a substantive variation,
decide to pay additional assistance (including special
assistance) to the person subject to any conditions the
scheme decision maker thinks fit; or
• in the case of an application for a minor variation, make
the variation sought or any other minor variation the
scheme decision maker thinks fit.
Subclause (5) requires the scheme decision maker, in considering
an application for variation, to take into account--
• any fresh evidence that has become available since the
award was made or last varied; and
• any change of circumstances that has occurred since the
award was made or last varied or that is likely to occur;
and
• 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
• anything else that the scheme decision maker considers
relevant.
The considerations to be taken into account by the scheme
decision maker are broad but sufficiently flexible to consider
applications for variation on a case-by-case basis and tailor each
variation to the individualised needs of victims.
Subclause (6) requires that the scheme decision maker must
exercise powers under this clause in accordance with the other
provisions of this Bill relating to the payment of, or the amount
of, assistance as in force that the time the power is exercised.
Subclause (7) provides that the scheme decision maker remains
bound by the maximum amounts of assistance under this Bill as
in force at the time the decision under this section is made, in
considering an application for variation under this clause.
Subclause (8) provides that Division 1 of Part 4 and clause 49
apply in relation to an application for variation, and a decision
made on an application for variation, as if they were an
47
application for variation of assistance under clause 48 and a
decision made on such an application. This entitles applicants to
notice of decisions and accompanying statements of reasons and
internal and VCAT review of a decision
Subclause (9) defines the following terms--
award does not include an interim award made by VOCAT, the
effect of which is that if a person has applied to VOCAT and
received an interim award only, that person is not eligible to
apply to the scheme to vary that interim award. However, the
person may be able to apply for assistance under clause 75 as
long as their VOCAT application is not still pending when the
scheme commences. This measure provides clarity as to the
appropriate body to determine all applications;
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.
A victim who previously received a final award for counselling
services, for example, could apply for a minor variation to their
VOCAT award if the fees charged by the counselling service
increased at the start of a financial year or if they need to change
the name of their counsellor. These examples would constitute a
minor variation as the variation gives effect to the original
intention of the VOCAT award, being to provide access to
counselling services to the victim.
By contrast, a victim who had received a final award at VOCAT
for counselling services, and then later discovered that the
alleged offender had moved close to them and so wished to have
CCTV installed at their property would need to apply for a
substantive variation, as this assistance sought does not give
effect to the original intention of their award.
Clause 75 subclause (1) provides that, subject to subclause (2), an
application may be made by a person under this Bill in respect of
an act of violence that occurred before the commencement of
clause 21 unless the person had received a final award or if their
application had been refused under the Victims of Crime
48
Assistance Act 1996 or any corresponding previous enactment
in respect of that act of violence.
The effect of this is that, subject to other eligibility criteria
(including time periods), applicants are not barred from making
an application for assistance to the scheme if the act of violence
occurred before commencement, unless they have received a
final award or their application has been refused under the
Victims of Crime Assistance Act 1996.
Subclause (2) provides that a person with a pending VOCAT
application at the time of the scheme's commencement may
apply for assistance under the Bill only if--
• the person first withdraws the application under the
Victims of Crime Assistance Act 1996; and
• they have not received an interim award from VOCAT.
The combined effect of subclauses (1) and (2) has the effect that
where a person's previous application under the Victims of
Crime Assistance Act 1996 was withdrawn or struck out before
commencement of the scheme, they can apply to the scheme
even when they had received an interim award. However, a
person with a pending application before the VOCAT at the time
of commencement, can only withdraw and reapply to the scheme
if they have not received an interim award.
Subclause (3) confirms that subclause (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.
Subclause (4) defines an award to exclude an interim award
made under the Victims of Crime Assistance Act 1996.
Part 8--Amendment of other Acts
Division 1--Domestic Animals Act 1994
Clause 76 amend the definition of domestic partner in section 41K(4) of
the Domestic Animals Act 1994 to substitute "section 3(1) of
the Victims of Crime Assistance Act 1996" with "the Family
Violence Protection Act 2008".
49
Division 2--Sentencing Act 1991
Clause 77 substitutes section 85I of the Sentencing Act 1991 to provide
that a court must reduce an amount of compensation under a
compensation order by the amount of any award made or
assistance paid to the victim under the Victims of Crime
Assistance Act 1996 or the Bill.
Clause 78 substitutes the heading to Division 2A of Part 4 of the
Sentencing Act 1991 to "Division 2A--Recovery of assistance
paid under victims of crime legislation".
Clause 79 inserts a new section 87AB in the Sentencing Act 1991 to allow
a court to order an offender to pay to the State an amount equal
to the whole or any specified part of the assistance paid under
this Bill, if that offender is convicted of a relevant offence within
the meaning of this Bill and assistance was paid under this Bill.
New section 87AB(2) limits the timeframe for an application for
an offender to repay assistance under subsection (1) to a period
of 6 months after the later of the day on which the person was
found guilty or convicted of the relevant offence or the day on
which the assistance was paid or varied under the Bill.
Subsection (3) enables a court to require an amount payable
under subsection (1) to be paid wholly as a lump sum, partly as a
lump sum and partly by instalments or wholly by instalments.
Subsection (4) states that 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 the offender's financial resources
(including earning capacity) and financial needs, any obligations
owed by the offender to any other person, and any other
circumstances that the court considers relevant.
Subsection (5) provides that 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.
Subsection (6) provides that the offender has the right to 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.
50
Subsection (7) confirms that the court may, at any time on the
application of the State or the offender, vary an order made under
subsection (1) in any manner that the court thinks fit.
Clause 80 subclause (1) provides that, in the heading to section 87B of the
Sentencing Act 1991, after "87A" the words "or 87AB" are to be
inserted.
Subclause (2) provides that, in section 87B(1) of the Sentencing
Act 1991, after "section 87A(1)", "or 87AB(1)" is to be inserted.
Division 3--Transport (Compliance and Miscellaneous) Act 1983
Clause 81 Subclause (1) provides that section 12(5) of the Transport
(Compliance and Miscellaneous) Act 1983 be amended to
substitute a note to confirm that the financial assistance that a
train driver has been awarded or is eligible to be awarded under
that section is to be taken into account to reduce the amount of
financial assistance paid to the train driver under the Bill.
Subclause (2) amends section 12(6) of the Transport
(Compliance and Miscellaneous) Act 1983 to substitute
"section 8A of the Victims of Crime Assistance Act 1996" with
"section 11 of the Victims of Crime (Financial Assistance
Scheme) Act 2022".
Division 4--Victims' Charter Act 2006
Clause 82 amends section 16(2) of the Victims' Charter Act 2006 to state
that a victim may apply for financial assistance in accordance
with this Bill.
Clause 83 amends a minor typographical error in section 17(4) of the
Victims' Charter Act 2006 to include a full stop after "order".
Division 5--Victims of Crime Assistance Act 1996
Clause 84 inserts a new section 24A after the heading to Division 2 of
Part 3 of the Victims of Crime Assistance Act 1996 to provide
that no applications can be made to VOCAT at any time after the
commencement of clause 21 of this Bill.
New section 24A(2) ensures that VOCAT retains all jurisdiction
and powers to continue dealing with applications made under the
Victims of Crime Assistance Act 1996 before the
commencement of clause 21 of this Bill.
51
Clause 85 inserts a new provision after section 60(1) of the Victims of
Crime Assistance Act 1996 to provide that no applications to
vary an award under that Act can be made after the
commencement of clause 21 of this Bill.
Division 6--Victims of Crime Commissioner Act 2015
Clause 86 substitutes the definition of victim of crime in section 3 of the
Victims of Crime Commissioner Act 2015 so that the
definition refers to a victim as defined in--
• section 3(1) of the Victims of Crime Assistance
Act 1996; or
• clause 3(1) of this Bill; or
• section 3(1) of the Victims' Charter Act 2006.
Clause 87 substitutes section 13(1)(e) of the Victims of Crime
Commissioner Act 2015 to include the following functions of
the Commissioner under that Act--
• receiving and dealing with complaints under
Division 3A;
• making annual and other reports under Division 5;
• performing any other functions conferred on the
Commissioner by or under that Act or any other Act.
Clause 88 amends section 28(1) of the Victims of Crime Commissioner
Act 2015 to extend the timeframe for the Commissioner to make
an annual report.
Division 7--Wrongs Act 1958
Clause 89 amends 24AG(2) of the Wrongs Act 1958 to insert a provision
providing that applications for assistance under this Bill are
claims excluded from Part IVAA of the Wrongs Act 1958.
Clause 90 amends section 28C of the Wrongs Act 1958 to insert a further
provision confirming that Part VB of that Act does not apply to a
payment of assistance under this Bill.
52
Division 8--Repeal of this Part
Clause 91 provides for Part 8 of the Bill to be repealed on 1 December
2025. The repeal of this Part does not affect in any way the
continuing operation of the amendments made by it (see section
15(1) of the Interpretation of Legislation Act 1984).
53