{"id":"sr:victims-crime-assistance-special-financial-assistance-regulations-2021","name":"Victims of Crime Assistance (Special Financial Assistance) Regulations 2021","slug":"victims-of-crime-assistance-special-financial-assistance-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183765,"registerId":"vic-sr:victims-crime-assistance-special-financial-assistance-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victims of Crime Assistance (Special Financial Assistance) Regulations 2021","content":"Version No. 001\n\n**Victims of Crime Assistance (Special Financial Assistance) Regulations 2021**\n\n**S.R. No. 151/2021**\n\nVersion as at  \n5 December 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Specified categories of acts of violence 3\n\n7 When category A maximum amount is available for category B, C or D acts of violence 3\n\n8 When category B maximum amount is available for category C or D acts of violence 3\n\n9 When category C maximum amount is available for category D acts of violence 4\n\nSchedule 1—Categories of acts of violence 6\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Amendments Not in Operation 11\n\n4 Explanatory details 12\n\n**Version No.** **001**\n\n**Victims of Crime Assistance (Special Financial Assistance) Regulations 2021**\n\n**S.R. No. 151/2021**\n\nVersion as at  \n5 December 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to facilitate the payment of special financial assistance to certain victims of crime.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 72 of the **Victims of Crime Assistance Act 1996**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 5 December 2021.\n\n\t4 Revocation\n\nThe Victims of Crime Assistance (Special Financial Assistance) Regulations 2011[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Aboriginal person*** means a person who—\n\n(a) is descended from an Aboriginal person or Torres Strait Islander; and\n\n(b) identifies as an Aboriginal person or Torres Strait Islander; and\n\n(c) is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Island community;\n\n***elderly*** means—\n\n(a) in relation to an Aboriginal person, 55 years of age or older; or\n\n(b) in relation to any other person, 65 years of age or older;\n\n***HIV*** means the human immuno-deficiency virus which is a causative agent of the acquired immune deficiency syndrome and other related conditions;\n\n***impaired mental functioning*** means—\n\n(a) a mental illness within the meaning of the **Mental Health Act 2014**; or\n\n(b) an intellectual disability within the meaning of the **Disability Act 2006**; or\n\n(c) an acquired brain injury; or\n\n(d) an autism spectrum disorder; or\n\n(e) a neurological impairment, including but not limited to dementia;\n\n***sexual assault*** has the meaning given by section 40 of the **Crimes Act 1958**;\n\n***sexual penetration*** has the meaning given by section 35A of the **Crimes Act 1958**;\n\n***the Act*** means the **Victims of Crime Assistance Act 1996**;\n\n***very serious physical injury*** means actual physical bodily harm that is permanent or of long-term duration and involves—\n\n(a) loss of a bodily function; or\n\n(b) disfigurement of a part of the body; or\n\n(c) total or partial loss of a part of the body; or\n\n(d) loss of a foetus; or\n\n(e) loss of fertility.\n\n\t6 Specified categories of acts of violence\n\nFor the purposes of section 8A(6)(a) of the Act, the acts of violence and classes of acts of violence that are categorised as category A, B, C or D acts of violence are those specified in Schedule 1.\n\n\t7 When category A maximum amount is available for category B, C or D acts of violence\n\n(1) For the purposes of section 8A(6)(b) of the Act, the prescribed higher maximum amount in relation to a category B, C or D act of violence is $10 000 if the circumstances set out in subregulation (2) apply.\n\n(2) For the purposes of section 8A(6)(c) of the Act and subregulation (1), the prescribed circumstances are the circumstances in which, as a direct result of the act of violence, the victim—\n\n(a) has suffered a very serious physical injury; or\n\n(b) has been infected with a life-threatening disease, including HIV; or\n\n(c) is a victim of a series of related criminal acts that are acts of sexual penetration or sexual assault.\n\n\t8 When category B maximum amount is available for category C or D acts of violence\n\n(1) For the purposes of section 8A(6)(b) of the Act, the prescribed higher maximum amount in relation to a category C or D act of violence (other than in the circumstances set out in regulation 7) is $3250 if the circumstances set out in subregulation (2) apply.\n\n(2) For the purposes of section 8A(6)(c) of the Act and subregulation (1), the prescribed circumstances are the circumstances in which—\n\n(a) as a direct result of the act of violence, the victim—\n\n(i) has suffered a serious injury; or\n\n(ii) is a victim of related criminal acts; or\n\n(iii) has suffered a deprivation of their liberty; and\n\n(b) on the date of the act of violence (or the date of any criminal act in the case of related criminal acts), the victim—\n\n(i) was a child under 18 years of age; or\n\n(ii) was elderly; or\n\n(iii) had impaired mental functioning.\n\n\t9 When category C maximum amount is available for category D acts of violence\n\n(1) For the purposes of section 8A(6)(b) of the Act, the prescribed higher maximum amount in relation to a category D act of violence (other than in the circumstances set out in regulation 7 or 8) is $1300 if the circumstances set out in subregulation (2) apply.\n\n(2) For the purposes of section 8A(6)(c) of the Act and subregulation (1), the prescribed circumstances are the circumstances in which—\n\n(a) as a direct result of the act of violence, the victim is a victim of related criminal acts; or\n\n(b) on the date of the act of violence (or the date of any criminal act in the case of related criminal acts), the victim—\n\n(i) was a child under 18 years of age; or\n\n(ii) was elderly; or\n\n(iii) had impaired mental functioning.\n\nSchedule 1—Categories of acts of violence\n\nRegulation 6\n\n\t1 Category A acts of violence\n\nA category A act of violence is any act of violence that is an offence involving—\n\n(a) sexual penetration of a person; or\n\n(b) attempted murder.\n\n\t2 Category B acts of violence\n\nA category B act of violence is any act of violence that is an offence involving—\n\n(a) attempted sexual penetration of a person; or\n\n(b) sexual assault of a person; or\n\n(c) armed robbery; or\n\n(d) aggravated burglary; or\n\n(e) the deprivation of liberty of a person for the purpose of—\n\n(i) sexual penetration; or\n\n(ii) demanding any ransom for their release.\n\n\t3 Category C acts of violence\n\nA category C act of violence is any act of violence that is an offence involving—\n\n(a) an attempt to commit a category B act of violence (other than an act of violence referred to in clause 2(a)); or\n\n(b) a threat of death; or\n\n(c) conduct endangering life; or\n\n(d) conduct inflicting serious injury; or\n\n(e) robbery.\n\n\t4 Category D acts of violence\n\nA category D act of violence is any—\n\n(a) act of violence that is an offence involving—\n\n(i) an attempt to commit a category C act of violence (other than an act of violence referred to clause 3(a)); or\n\n(ii) a threat of injury; or\n\n(iii) an assault against a person; or\n\n(iv) an attempted assault; or\n\n(v) the deprivation of the liberty of a person (other than for a purpose referred to in clause 2(e)); or\n\n(b) act of violence not otherwise specified as a category A, B, C or D act of violence.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Victims of Crime Assistance (Special Financial Assistance) Regulations 2021, S.R. No. 151/2021 were made on 30 November 2021 by the Governor in Council under section 72 of the **Victims of Crime Assistance Act 1996**, No. 81/1996 and came into operation on 5 December 2021: regulation 3.\n\nThe Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 will sunset 10 years after the day of making on 30 November 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 145/2011. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Regulations implement procedural and payment details under the Victims of Crime Assistance Act 1996 rather than expanding statutory eligibility. They define offence categories, vulnerable groups and fixed payment caps (regs 6–9) and revoke the 2011 Regulations (reg 4). The stated objective is to facilitate payment of special financial assistance (reg 1); the instrument operationalises that objective without altering the Act's substantive eligibility criteria."},"complexity_factors":["Four-tier offence categorisation (Schedule 1 / reg 6) creates conditional payment paths between categories A–D.","Tiered monetary caps with circumstance-based uplifts ($10,000; $3,250; $1,300) set by regs 7–9 and linked to Act s 8A(6).","Cross-references to multiple external Acts for definitions (Crimes Act 1958 for sexual offences; Mental Health Act 2014; Disability Act 2006) increase interpretive dependency (reg 5).","Definitions introduce vulnerability criteria (child, elderly, impaired mental functioning, Aboriginal person) that interact with uplift conditions (regs 7–9).","Revocation of prior regulations (reg 4) and a statutory sunset (endnotes) require attention to temporal application and transitional arrangements.","Relatively short length and limited discretionary language reduce administrative complexity, but precise application requires factual assessment of 'direct result' and 'related criminal acts' (regs 7–9)."],"plain_english_summary":"These Regulations set how much \"special financial assistance\" a victim may receive under the Victims of Crime Assistance Act 1996 by: defining four offence categories, prescribing when higher payment caps apply, and fixing the dollar caps. They also define key terms (for example, \"elderly\", \"Aboriginal person\", \"impaired mental functioning\"), revoke the 2011 regulations and commenced on 5 December 2021. The instrument mechanically determines who may receive $10,000, $3,250, $1,300 or lower payments depending on the offence category and specified circumstances."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing categories of violent acts and circumstances for uplifted special financial assistance payments. It replaces the 2011 regulations without expanding beyond the administrative function of setting payment thresholds and eligibility criteria."},"complexity_factors":["Short length (9 substantive regulations plus Schedule)","Clear hierarchical structure (Categories A through D in Schedule 1)","Straightforward conditional logic (if X circumstance applies, then Y amount available)","Limited cross-referencing (only references to parent Act and definitions borrowed from other Acts)","9 defined terms in regulation 5, mostly using standard statutory definitions","No nested exceptions or complex temporal provisions","Simple mathematical structure (fixed dollar amounts: $10,000, $3,250, $1,300)"],"plain_english_summary":"This legislation sets up a system to give **one-off cash payments** (called 'special financial assistance') to victims of violent crime in Victoria.\n\n**What it does:**\n- It sorts violent crimes into **four categories (A, B, C, and D)** based on how serious they are. Category A is the most serious (sexual penetration, attempted murder), while Category D covers less serious violence like common assault.\n- It sets out **when victims can get higher payments** than the standard amount for their crime category. For example, if someone suffers very serious physical injury, gets infected with HIV, or is a child/elderly person with a mental impairment, they may qualify for a higher payment bracket.\n\n**Who it affects:**\n- Victims of crime applying for financial assistance under the Victims of Crime Assistance Act 1996.\n- Specifically vulnerable victims get extra protection: **children under 18, elderly people (55+ for Aboriginal people, 65+ for others), and people with impaired mental functioning** (including mental illness, intellectual disability, brain injury, autism, or dementia).\n\n**Why it matters:**\n- It recognises that **not all victims experience crime the same way**. A child who witnesses a robbery may be more traumatised than an adult, and someone with a disability may need more support to recover. The rules allow these vulnerable victims to access higher payment categories even if the crime itself was less serious.\n- It also **updates and replaces** the 2011 version of these regulations, ensuring the amounts and categories reflect current needs."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to determine whether the scope of these regulations changed from the original legislative intent. The document appears to be a metadata shell without the substantive regulatory text needed to make this assessment."},"complexity_factors":["The document as provided contains almost no substantive legislative content — only metadata, version history headers, and structural labels","Unable to assess true regulatory complexity due to missing content","Regulations of this type are generally straightforward in structure, dealing with defined eligibility and fixed payment amounts","The parent Act (Victims of Crime Assistance Act) would add interpretive complexity not visible here"],"plain_english_summary":"These regulations establish how victims of crime in Victoria can obtain special financial assistance — who may qualify, how payments are made, and the basic application and payment limits — to help cover medical costs, lost income, and other crime-related hardship. \n\nNote: the provided file contains mostly structure and metadata, so specific payment amounts and detailed eligibility or procedural rules aren’t available for analysis."}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-assistance-special-financial-assistance-regulations-2021","history":"/api/acts/victims-of-crime-assistance-special-financial-assistance-regulations-2021/history","analysis":"/api/acts/victims-of-crime-assistance-special-financial-assistance-regulations-2021/analysis","conflicts":"/api/acts/victims-of-crime-assistance-special-financial-assistance-regulations-2021/conflicts","importantCases":"/api/acts/victims-of-crime-assistance-special-financial-assistance-regulations-2021/important-cases","documents":"/api/acts/victims-of-crime-assistance-special-financial-assistance-regulations-2021/documents"}}