New South Wales Consolidated Acts

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VICTIMS SUPPORT AND REHABILITATION ACT 1996 

- As at 14 November 2008
- Act 115 of 1996

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Dictionary and notes
   5.      Act of violence

   PART 2 - APPROVED COUNSELLING SCHEME AND STATUTORY COMPENSATION SCHEME

           Division 1 - Victims eligible for statutory compensation

   6.      Persons eligible for statutory compensation
   7.      Who is a primary victim?
   8.      Who is a secondary victim?
   9.      Who is a family victim?

           Division 2 - Schedule of compensable injuries

   10.     Prescription of schedule of compensable injuries
   11.     Compensable injuries described by reference to act of violence
   12.     Substitution or amendment of schedule
   13.     Provisions relating to schedule

           Division 3 - Statutory compensation payable

   14.     Compensation payable to primary victims other than for prescribed expenses
   14A.    Compensation payable to primary victims for prescribed expenses
   15.     Compensation payable to secondary victims
   16.     Compensation payable to family victims
   17.     Compensation for compensable injuries
   18.     Compensation for financial loss
   19.     Maximum amount of compensation
   19A.    Deduction from certain awards
   20.     Threshold amount of compensation

           Division 3A - Approved counselling scheme

   21.     Special payments for approved counselling services
   21A.    Approved counselling services

           Division 4 - Persons not eligible for statutory compensation

   22.     Secondary or family victims
   23.     Eligibility to receive compensation in respect of same act of violence
   24.     Other persons not eligible to receive compensation

           Division 5 - Applications for statutory compensation

   25.     Lodging of applications
   26.     Time for lodging applications
   27.     Consideration of applications by compensation assessors
   28.     Medical examinations
   29.     Determination of applications
   30.     Reasons for not making award or for reducing amount of compensation payable
   31.     Determination for restitution may be set off against award of compensation
   32.     Persons to whom compensation may be made payable
   33.     Interim awards of compensation
   33A.    Reimbursement of persons who incur funeral expenses
   34.     Compensation may be awarded subject to conditions
   35.     Costs of applications for compensation and proceedings before Tribunal

           Division 6 - Reviews by Director and appeals and references to Tribunal and District Court

   35A.    Review of amount awarded as statutory compensation for prescribed expenses
   36.     Appeal to Tribunal by applicant
   37.     Reference of application to Tribunal by assessor or by Chairperson of Tribunal
   38.     Hearing and determination by Tribunal
   39.     Appeals to the District Court on questions of law
   40.     Payment of compensation suspended pending appeal to Tribunal or District Court
   41.     Compensation Fund Corporation respondent to appeals

           Division 7 - Payment of compensation

   42.     Compensation Fund Corporation to pay compensation
   43.     Effect of award on subsequent civil proceedings
   44.     Recovery from fraudulent claimants

           Division 8 - Recovery of compensation from offenders

   45.     Definitions
   46.     Director may make provisional order for restitution by offender
   46A.    Director may make provisional order for restitution by other person
   47.     Notice of objection by defendant
   48.     Confirmation by Tribunal of provisional order for restitution if defendant does not object to order
   49.     Hearing by Tribunal to confirm provisional order for restitution if defendant objects to order
   50.     Arrangement between Director and defendant as to payment under order for restitution
   51.     Provisions relating to orders for restitution
   52.     Procedural and evidentiary provisions relating to recovery proceedings
   53.     Orders for restitution to be subject to appeals against relevant awards of statutory compensation
   54.     Order for restitution to be a judgment enforceable by Tribunal
   55.     Appeals against orders for restitution
   56.     Orders for restitution may be set aside
   57.     Effect of order for restitution on subsequent civil proceedings
   58.     Access to information about whereabouts of defendant
   58A.    Charge on property subject to restitution orders
   58B.    Cancellation of charges

           Division 9 - Restraining orders and orders relating to the disposition of property by offenders

   58C.    Application of Division
   58D.    Nature of restraining order
   58E.    Application for restraining order
   58F.    Making of restraining order
   58G.    Undertakings
   58H.    Ancillary orders
   58I.    Registration of restraining orders and lodging of caveats
   58J.    Court may revoke restraining order
   58K.    Time when restraining order ceases to be in force
   58L.    Avoidance of liabilities
   58M.    Orders setting aside dispositions of property

   PART 3 - ADMINISTRATION

           Division 1 - Victims Compensation Tribunal

   59.     Constitution of Tribunal
   60.     Jurisdiction and functions of the Tribunal
   61.     Authorised Magistrates
   62.     Single member to exercise the jurisdiction and functions of the Tribunal

           Division 2 - Director, assessors and other staff

   63.     Director, Registrar of Tribunal and other staff
   64.     Compensation assessors
   65.     Guidelines and arrangements relating to compensation assessors
   65A.    Inquiries and investigations

           Division 3 - Victims Compensation Fund Corporation

   66.     Victims Compensation Fund Corporation

           Division 4 - Victims Compensation Fund

   67.     Victims Compensation Fund
   68.     Payments into Compensation Fund
   69.     Payments from Compensation Fund

   PART 4 - COMPENSATION AWARDED BY COURT

           Division 1 - Compensation for injury

   70.     Definitions
   71.     Directions for compensation
   72.     Restrictions on court’s power to give directions for compensation
   73.     Factors to be taken into consideration
   74.     Payment of sum directed
   75.     Enforcement of directions for compensation
   76.     Effect of directions for compensation on subsequent civil proceedings
   77.     Directions for compensation not appealable on certain grounds

           Division 2 - Compensation for loss

   77A.    Definitions
   77B.    Directions for compensation
   77C.    Restrictions on court’s power to give directions for compensation
   77D.    Factors to be taken into consideration
   77E.    Payment of sum directed
   77F.    Enforcement of directions for compensation
   77G.    Effect of directions for compensation on subsequent civil proceedings
   77H.    Directions for compensation not appealable on certain grounds

   PART 5 - COMPENSATION LEVIES

   78.     Application of Part
   79.     Imposition of compensation levy
   80.     (Repealed)
   81.     Effect of appeal proceedings

   PART 6 - MISCELLANEOUS

   82.     Act binds Crown
   83.     Reports by Tribunal
   84.     Inadmissibility and use of certain evidence in subsequent criminal proceedings
   85.     Limitation of liability
   86.     Proceedings for offences
   87.     Rules
   88.     Regulations
   89.     Savings, transitional and other provisions
   90.     Repeal of Victims Compensation Act 1987 No 237
   91.     (Repealed)
   92.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           Schedule 4 (Repealed)
            Dictionary

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