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Victims Compensation Amendment Act 1998

What does it mean to you?

The Victims Compensation Act 1996 (“the Act”) has been amended by the Victims Compensation Amendment Act 1998.

The following is a summary of the main changes to the Act.


Relevant
part of the Act
Summary of the changes
Effective Date1
s 19AA deduction of $750 will be made from each award of compensation which is less than $20,001 excluding awards to family victims.For applications lodged from 7 April 1999.
s 21A person who is a victim of an act of violence, but who does not have a compensable injury, may apply for counselling under the Approved Counselling Scheme.For applications for counselling lodged from 7 April 1999.
s 21AThe Director, Victims Services has the authority to approve, suspend or revoke approval of accredited counsellor status under the Approved Counselling Scheme.7 April 1999.
ss 44 to 58 M

s 46(5)(a)




s 46A




s 58A




Division 9
ss 58C to 58M


s 58L
New restitution provisions including:

A provisional order for restitution must be issued within 2 years of the date of the award for compensation OR the date of conviction, whichever is the later.

The Director may make a provisional order against a person who has received property as part of a scheme, for the purpose of avoiding a liability as defined in Division 8.

The Director may apply to the Registrar-General for registration of a restitution order in relation to any land owned by the defendant.

Details new provisions regarding restraining orders and orders relating to the disposal of property by offenders.

Avoidance of an actual or potential liability under Division 8, whether or not in contravention of a restraining order, is an offence punishable by a fine (to the value of the property) or 2 years imprisonment.
15 February 1999.
Schedule 1, Table Shock has been omitted.Applications to be lodged under the existing Schedule by close of business, 6 April 1999.
Schedule 1,
Table
New compensable injury of psychological or psychiatric disorder has been created:

Category 1: chronic psychological or psychiatric disorder that is moderately disabling.....$5,000 - 15,000.
Category 2: chronic psychological or psychiatric disorder that is severely disabling.......$30,000 - 50,000.
For applications lodged from 7 April 1999.
Schedule 1, Clause 5A list of Authorised Report Writers (ARWs) to be created.
The appropriately qualified ARWs on the list will provide written assessments to assist the Tribunal in determining whether there is a compensable injury of psychological or psychiatric disorder (as above).

NOTE: An Expressions of Interest will be advertised in February 1999 for appropriately qualified psychologists and psychiatrists to apply to be on the list of ARWs.
For applications lodged from
7 April 1999.
Schedule 1, Clause 7 A & TableNew compensable injury of domestic violence has been created. This is an injury resulting from an act that occurred in the commission of a domestic violence offence as defined by the Crimes Act 1900.

Domestic violence….$2,400 - 10,000.
For applications lodged from
7 April 1999.
s 87 (2)(f)A Professional Advisory Panel will be formally established to provide recommendations to the Director in relation to the Approved Counselling Scheme and the list of ARWs.April 1999.

NOTES:

1.A medico-legal report submitted from 7 April 1999 onwards to support the compensable injury of psychological or psychiatric disorder lodged under the Victims Compensation Amendment Act 1998 MUST be provided by an ARW.

If you require further information about the changes, please contact us.





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The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of New South Wales, Australia only.

most recently updated 25 January 2002