|
Amendment Act 2000 Summary
There have been important changes in legislation concerning victims of crime in New South Wales. The Victims Compensation Act 1996 has been amended.
These changes, unless stated otherwise, apply to all applications for counselling and compensation received on or after 14 July 2000.
Changes relating to the eligibility of applications claiming the compensable injury of psychological or psychiatric disorder (category 1) will apply to all applications for compensation lodged on or after 31 May 2000.
This document is a guide only. Please refer to the provisions of the Victims Compensation Amendment Act 2000 and the Victims Compensation Amendment (Compensable Injuries) Regulation 2000, or consult your legal representative for further information.
The main changes are as follows:
Counselling for relatives of homicide victims (Section 21)
- Relatives of a homicide victim who are not eligible to receive statutory compensation (for example, a grandparent) are now eligible to receive counselling under the Approved Counselling Scheme.
- An initial 20 hours of approved counselling may be granted to all relatives of a homicide victim.
Compensation for families of homicide victims (Sections 29(1B), 33A and 16)
- When determining an application for compensation by a family victim, a compensation assessor may now determine an application more quickly if
(a) three months has elapsed since the application being determined was lodged, and
(b) no other family victim has lodged an application or notified the Director of their
intention to do so.
Please note that this applies to all applications for compensation lodged prior to the
commencement of the Victims Compensation Amendment Act 2000.
- Funeral expenses may be paid to a person who is not eligible for compensation if there are one or more relatives of a deceased victim who is/are eligible for compensation. These expenses will be deducted from the total $50,000 available to relatives of a deceased victim.
Threshold (Section 20 and Victims Compensation Amendment Regulation 2000)
- Compensation is not payable unless the total amount of compensation for injuries payable to a victim is at least $7,500.
This does not apply to claims by relatives of deceased victims
Ranged Injuries (Schedule 1)
- The minimum amount of compensation for the compensable injuries of domestic violence, sexual assault (category 1) and psychological or psychiatric disorder (category 1), has been increased to $7,500.
Compensable injury of psychological or psychiatric disorder (Schedule 1 (5) )
- The compensable injury of psychological or psychiatric disorder (category 1) will only
apply in relation to an act of violence where one of the following offences apply:
(a) armed robbery
(b) abduction
(c ) kidnapping.
Please note that the above condition applies to all applications claiming psychological or
psychiatric disorder (category 1) lodged on or after 31 May 2000.
- A compensation assessor is not required to take into account any report other than by the “Authorised Report Writer” when determining applications claiming the compensable injury of psychological or psychiatric disorder.
Failure to mitigate injury (Section 30(1)(d))
- A compensation assessor may reduce or refuse to make an award of compensation where the victim has failed to take reasonable steps to mitigate the extent of their injury, such as seeking appropriate medical advice or treatment.
Other changes (Sections 1, 65A and dictionary)
- The Victims Compensation Act 1996 is now called the
Victims Support and Rehabilitation Act 1996
- The Director, Victims Services or a compensation assessor may make inquiries and investigations when exercising the functions of a compensation assessor under the Act.
14 July 2000
|
