Chairperson's Report 1999-2000 1. Overview
 

The purpose of the Tribunal as constituted under the 1996 legislation is to determine appeals from decisions of compensation assessors and determine restitution proceedings against offenders.

The 1996 legislation created the position of Director of Victims Compensation, now Director of Victims Services, whose function it is to process applications for counselling and statutory compensation and institute restitution action where appropriate.

The Tribunal is located on levels 4, 5 and 6 of 299 Elizabeth Street Sydney.

1.1 Administration Highlights 1999/2000

Victims Services -

• Continued to provide through the Victims Compensation Tribunal, a system of compensation and counselling for victims of violent crime and their families.
• Reviewed procedures for processing claims for compensation and counselling by family members of homicide victims. A monthly progress check ensures that claims are processed expeditiously.
• Introduced a package of reforms (including a draft protocol with the Homicide Victims Support Group, Victims Services and the NSW Police Service) to ensure that families of homicide victims can access counselling, should they wish, at the first available opportunity.
• Continued to review standard letters to ensure that they are written in plain English and are sensitive to the trauma which many victims of crime have experienced and continue to experience.
• Had regular contact with victims groups through the Interagency Forum and Victims Advisory Board.
• Produced a plain English pamphlet in April 2000 on the Charter of Victims Rights so that victims of crime are aware of the range of rights and entitlements in NSW.
• Established a list of qualified professionals known as Authorised Report Writers to improve the quality of reports on psychological injury.
• Rationalised existing Tribunal recovery procedures in order to maximise the amount of monies received from defendants.
• Produced a pamphlet for victims on what to expect from counselling. A feedback form is also provided to all victims accessing the Approved Counselling Scheme.
• Participated in the pilot Flexible Service Delivery model which aims to improve service delivery to people with disabilities.
• Ensured that a Practice collection, including the Chairperson’s Guide to the Act, is on the Website to assist victims and practitioners when making claims.
• Undertook 10 regional forums in conjunction with the NSW Police Service and Office of the DPP to promote awareness of the Charter of Victims Rights and the services available to victims of crime.
• Continued to work with the NSW Police Service to ensure that victims cards are given out to all victims of violent crime.
• Addressed numerous government and non government forums raising the awareness of victims rights and the services provided by the Bureau. The Bureau had a stall at Seniors Expo and was involved in Police training sessions at the Goulburn Academy.
• Provided advice to the Attorney General about legislative reforms and policy issues regarding victims of crime through the Victims Advisory Board.
• Continued regular meetings of the Bureau’s Interagency Forum which was established in 1997.
• Was instrumental through the Bureau in the development of a video and booklet “Your Day in Court” with an audio tape of the booklet for visually impaired people.
• Provided a 24 hours victim support service through the Victims of Crime Bureau in partnership with Mission Australia, to assist in the provision of information, support and referral services to victims of crime. During 1999/2000 the line received over 10,000 victim and victim related calls.
• Approved more than 20,000 counselling hours for victims of crime under the Approved Counselling Scheme. About 40% of victims of crime who access the Scheme are doing so within the first 3 months of the incident.

1.2 Staff Numbers and Operating Expenses

Staff numbered 79 compared with 71 for the previous 12 months. Employee related expenses totalled $3.95 million against $4.02 million and operational expenses totalled $3.08 million as against $3.5 million in the previous year.

1.3 Legislation

All applications lodged under the Victims Compensation Act 1987 have been determined.

Applications now being determined or waiting to be determined fall into 4 categories -

1.3.1 Applications lodged under the 1996 Act up to 6 April 1999.

Applicants lodging claims up to 6 April 1999 must establish a compensable injury as set out in the Table in Schedule 1 to the Act. That Table includes the compensable injury of “shock”. The threshold was set at $2,400.

1.3.2 Applications lodged under the 1996 Act from 7 April 1999 to 30 May 2000.

The Table of Compensable Injuries was amended in respect of claims lodged on or after 7 April 1999 by deleting “shock” and inserting the compensable injuries of psychological or psychiatric disorder which is disabling, categories 1 or 2. Applicants claiming this injury must produce a report from an Authorised Report Writer. Where any award is less than $20,001 there is a deduction of $750 in respect of claims lodged after 7 April 1999.

1.3.3 Applications lodged under the 1996 Act from 31 May 2000.

In respect of applications lodged on and after 31 May 2000, 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:

• armed robbery;
• abduction; or
• kidnapping.

In respect of applications lodged on and after 14 July 2000, the threshold has been increased to $7,500.