Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Purposes of Act
   4.      Definitions

CHAPTER 2--FUNDAMENTAL PRINCIPLES OF JUSTICE FOR VICTIMS

           Part 1--Preliminary

   5.      Meaning of victim
   6.      Purposes of declaring principles
   7.      Principles do not give legal rights or affect legal rights or obligations

           Part 2--Declaration of fundamental principles

   8.      Fair and dignified treatment
   9.      Privacy of victim
   10.     Information about services
   11.     Information about investigation of offender
   12.     Information about prosecution of offender
   13.     Victim to be advised on role as witness
   14.     Contact between victim and accused to be minimised
   15.     Giving details of impact of crime on victim during sentencing
   16.     Information about convicted offender

           Part 3--Implementing principles

   17.     Guidelines and processes for compliance with principles
   18.     Conduct to be consistent with principles
   19.     Victim may make complaint
   20.     Dealing with complaint

CHAPTER 3--VICTIMS FINANCIAL ASSISTANCE SCHEME

           Part 1--General

   21.     Scheme for financial assistance
   22.     Other rights etc. not affected
   23.     Assistance for victim available only in 1 capacity
   24.     Effect of death on eligibility for assistance

           Part 2--Basic concepts

   25.     Meaning of act of violence
   26.     Who is a primary, secondary, parent secondary, witness secondary or related victim
   27.     Meaning of injury
   28.     When exceptional circumstances exist
   29.     When person incurs expenses
   30.     References to government assessor

           Part 3--Relationship with workers' compensation

   31.     Application of pt 3
   32.     Relationship generally
   33.     When a person's workers' compensation application is finally dealt with
   34.     Generally workers' compensation application finally dealt with before victim assistance application
   35.     Application for particular victim assistance can be made earlier
   36.     Amendment of assistance after workers' compensation application decided

           Part 4--Primary victims

   37.     Eligibility for assistance
   38.     Amount of assistance
   39.     Composition of assistance

           Part 5--Parent secondary victims

   40.     Eligibility for assistance
   41.     Amount of assistance
   42.     Composition of assistance

           Part 6--Witness secondary victims

   43.     Eligibility for assistance
   44.     Amount of assistance
   45.     Composition of assistance—witness to more serious act of violence
   46.     Composition of assistance—witness to less serious act of violence

           Part 7--Related victims

   47.     Eligibility for assistance
   48.     Amount of assistance
   49.     Composition of assistance

           Part 8--Person who incurs funeral expenses for primary victim's funeral

   50.     Eligibility and assistance

           Part 9--Applying for victim assistance

   51.     Who may apply for victim assistance
   52.     Form of application
   53.     Details of other victims
   54.     Time limit
   55.     Applying for victim assistance and funeral expense assistance together

           Part 10--Applying for funeral expense assistance

   56.     Who may apply for funeral expense assistance
   57.     Form of application
   58.     Time limit

           Part 11--Withdrawal, amendment or lapse of applications

   59.     Withdrawal of application
   60.     Amendment of application
   61.     Lapse of application if no contact

           Part 12--Considering applications for assistance

           Division 1--Considering applications generally

   62.     Choosing government assessor
   63.     General principles
   64.     Further information, document or consent
   65.     Obtaining information about act of violence
   66.     Obtaining copies of witness statements, or information about particular conduct, in relation to act of violence
   67.     Obtaining information about prosecution
   68.     Confirming release or discharge date
   69.     Obtaining primary victim's criminal history from police commissioner

           Division 2--Additional provisions about considering applications for victim assistance

   70.     Deciding applications for series of related crimes
   71.     Notifying other victims etc.
   72.     Notified victims failing to make application
   73.     Examinations
   74.     Obtaining medical information from designated person
   75.     Obtaining information about child's injuries or needs
   76.     Obtaining information about person with impaired capacity
   77.     Obtaining information about relevant payments

           Division 3--Restrictions on granting assistance

   78.     Grant only if applicant is eligible
   79.     No grant if applicant conspired to commit act of violence
   80.     No grant to particular persons if primary victim's activities caused act of violence
   81.     No grant if act of violence not reported
   82.     No grant if reasonable assistance not given

           Division 4--Other general provisions about considering applications

   83.     Dealing with application if applicant has earlier application
   84.     Deferring decision if applicant is detained

           Division 5--Working out amount of assistance

   85.     Deciding amount of assistance generally
   86.     Reduction if relevant payment received
   87.     Deferring decision if victim's conduct may be relevant

           Part 13--Granting or refusing assistance

           Division 1--Deciding application

   88.     Inviting submissions from applicant
   89.     Deciding application
   90.     Notice of decision to grant assistance
   91.     Notice of decision to refuse assistance

           Division 2--Paying assistance

   92.     Application of div 2
   93.     Paying assistance generally
   94.     Paying assistance to someone else
   95.     Paying assistance if applicant liable to pay amount to State
   96.     Unpaid assistance

           Part 14--Interim assistance

   97.     Application of pt 14
   98.     Deciding application for interim assistance
   99.     Steps after application for interim assistance decided
   100.    Effect of decision on general application

           Part 15--Amendment of grants

   101.    Application for amendment
   102.    Person who is to decide application
   103.    Considering application
   104.    Decision on application
   105.    Steps after application decided
   106.    Amendment of assistance if uncounted relevant payment received

           Part 16--Recovering assistance from offender

   107.    Purpose of pt 16
   108.    References to assistance granted for an act of violence
   109.    Recovery available only for assistance that is paid
   110.    Recovery available only after appeal rights exhausted
   111.    Recovery limited to category of act of violence for which assistance granted
   112.    Recovery from multiple offenders
   113.    Using information obtained for application
   114.    Obtaining information from court
   115.    Notice of intended recovery
   116.    Disputing claim that conviction relates to act of violence
   117.    Offender's liability to pay generally
   118.    Reduction in offender's liability to pay if assistance refunded
   119.    Reduction in offender's liability to pay if amount received under Corrective Services Act 2006
   120.    Registration of unpaid amount under State Penalties Enforcement Act 1999

           Part 17--Effect of conviction for fraud offence relating to application

   121.    Application of pt 17
   122.    Lapse of application if not decided
   123.    Refund of paid assistance and unpaid assistance stops being payable

           Part 18--Internal and external review of decision

   124.    Internal review of decision
   125.    External review of reviewed decision
   126.    Effect of reducing amount of assistance

           Part 19--Administration

   127.    Scheme manager
   128.    Government assessors
   129.    Delegation by scheme manager
   130.    Disclosure of interests

           Part 20--Miscellaneous

   131.    Guidelines
   132.    Table of costs
   133.    Giving information to corresponding scheme managers
   134.    Arrangement with corresponding scheme managers about giving and receiving information
   135.    Other information-sharing arrangements
   136.    Obtaining information about other victims
   137.    Inadmissibility of particular matters

CHAPTER 4--VICTIM SERVICES COORDINATOR

   138.    Appointment of victim services coordinator
   139.    Functions of victim services coordinator

CHAPTER 5--MISCELLANEOUS

   140.    Confidentiality
   141.    False or misleading information
   142.    Proceedings for offences
   143.    Protection from civil liability
   144.    Review of Act
   145.    Approved forms
   146.    Regulation-making power
   147.    Temporary regulation-making power
   148.    Transitional regulation-making power

CHAPTER 6--REPEAL AND TRANSITIONAL PROVISIONS

           Part 1--Repeal provision

   149.    Repeal

           Part 2--Transitional provisions

           Division 1--Preliminary

   150.    Definitions for pt 2
   151.    References to person making an application
   152.    Acts Interpretation Act 1954, s 20 not limited
   153.    Application of Act to acts done before commencement

           Division 2--Applications that could have been made to a court

   154.    Application of div 2
   155.    Person may apply for order under repealed legislation in particular circumstances
   156.    Person may apply for assistance
   157.    Deciding application for assistance etc.
   158.    Recovery of assistance granted

           Division 3--Applications that could have been made to the State
           Subdivision 1--Applications by persons other than dependants or family members

   159.    Application of sdiv 1
   160.    Person may apply for assistance
   161.    Deciding application for assistance etc.
   162.    Recovery of assistance granted
           Subdivision 2--Applications by dependants or family members
   163.    Application of sdiv 2
   164.    Person may apply for assistance
   165.    Deciding application for assistance etc.
   166.    Recovery of assistance granted

           Division 4--Existing applications

   167.    Existing application for compensation order of court
   168.    Existing application for payment of court ordered compensation by the State
   169.    Existing application for payment of another amount by the State

           Division 5--Special provisions if series of related offences

   170.    Application of div 5
   171.    Personal offences in the series constitute single act of violence
   172.    Effect of decision under repealed legislation for personal offences in the series
   173.    Effect of application under repealed legislation for personal offences in the series
   174.    Deciding component of assistance after reduction under s 172 or 173

           Division 6--Special provisions if mixed applications

   175.    Mixed applications by dependants
   176.    Mixed applications by family members

           Division 7--Extensions of time
           Subdivision 1--Persons for whom period for applying under repealed Act has expired

   177.    Existing applications for extension under repealed Act
   178.    Particular persons may apply for assistance
   179.    Particular persons may apply for approval to apply for assistance
           Subdivision 2--Persons for whom period for applying under repealed Criminal Code chapter has expired
   180.    Particular persons may apply for approval to apply for assistance

           Division 8--Compensation orders

   181.    Application of div 8
   182.    Compensation order continues
   183.    Limitations about applications to State for payment of amount payable under compensation order

           Division 9--Provisions about amounts paid by State under repealed legislation
           Subdivision 1--Continuing State's rights

   184.    State's rights in relation to amounts paid continue
           Subdivision 2--Recovering amount from offender
   185.    Purpose and application of sdiv 2
   186.    Definition for sdiv 2
   187.    No recovery if relevant agreement in force
   188.    Recovery limited if amount received as subrogated victim
   189.    Notice of intended recovery
   190.    Disputing amount State may recover
   191.    Offender's liability to pay
   192.    Dealing with refundable amount if assistance granted to offender
   193.    Registration of unpaid amount under State Penalties Enforcement Act 1999
   194.    Obtaining information from court

           Division 10--Other transitional provision

   195.    References to repealed Act
           SCHEDULE 1 -- REVIEWABLE DECISIONS
           SCHEDULE 2 -- AMOUNTS AND CATEGORIES FOR SPECIAL ASSISTANCE
           1. Amount of special assistance payable
           2. Minimum and maximum amounts
           3. Categories of acts of violence
           4. Order of categories of act of violence
           SCHEDULE 3 -- DICTIONARY
           Endnotes