{"id":"tas:act-1994-089","name":"Victims of Crime Compensation Act 1994","slug":"victims-of-crime-compensation-act-1994","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"89 of 1994","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106206,"registerId":"tas-act-1994-089-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Victims of Crime Compensation Act 1994](/view/html/inforce/2026-04-12/act-1994-089) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act, unless the contrary intention appears –[*\\[Section 3 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC1@EN) [*\\[Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000\\]*](/view/html/inforce/2000-02-01/act-1999-049#JS1@Ja14@GC1@EN)\n> \n> > ***compensation levy*** means a levy that a person convicted of a serious offence must pay to the Crown pursuant to [section 5](#GS5@EN) ;\n> \n> > [*\\[Section 3 Amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC1@EN) ***Director, MPES*** means the Director, Monetary Penalties Enforcement Service appointed under [section 8 of the](/view/html/inforce/2026-04-12/act-2005-057#GS8@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) ;\n> \n> > ***serious offence*** means any of the following offences:\n> > \n> > > > (a) an offence under the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ;\n> > > \n> > > > (b) [*\\[Section 3 Amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000\\]*](/view/html/inforce/2000-11-14/act-2000-062#JS1@Ja8@GC1@EN) an offence under the [Firearms Act 1996](/view/html/inforce/2026-04-12/act-1996-023) ;\n> > > \n> > > > (c) [*\\[Section 3 Amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002\\]*](/view/html/inforce/2002-06-01/act-2001-095#JS2@Ja11@GC1@EN) an offence under the [Misuse of Drugs Act 2001](/view/html/inforce/2026-04-12/act-2001-094) or [Poisons Act 1971](/view/html/inforce/2026-04-12/act-1971-081) ;\n> > > \n> > > > (d) an offence under [section 34B](/view/html/inforce/2026-04-12/act-1935-044#GS34B@EN) , [35](/view/html/inforce/2026-04-12/act-1935-044#GS35@EN) , [36](/view/html/inforce/2026-04-12/act-1935-044#GS36@EN) , [37(1)](/view/html/inforce/2026-04-12/act-1935-044#GS37@Gs1@EN) , [37B](/view/html/inforce/2026-04-12/act-1935-044#GS37B@EN) or [37C of the](/view/html/inforce/2026-04-12/act-1935-044#GS37C@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) ;\n> > > \n> > > > (e) an offence under the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) ;\n> > > \n> > > > (ea) [*\\[Section 3 Amended by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja4@GC1@EN) an offence under the [Marine Safety (Misuse of Alcohol) Act 2006](/view/html/inforce/2026-04-12/act-2006-025) ;\n> > > \n> > > > (f) [*\\[Section 3 Amended by No. 15 of 2000, s. 7, Applied:28 Apr 2000\\]*](/view/html/inforce/2000-04-28/act-2000-015#GS7@EN) [*\\[Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja27@GC2@EN) an offence under –\n> > > > \n> > > > > > (i) [section 32(1)](/view/html/inforce/2026-04-12/act-1925-038#GS32@Gs1@EN) or [(2) of the](/view/html/inforce/2026-04-12/act-1925-038#GS32@Gs2@EN) [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) ; or\n> > > > > \n> > > > > > (ii) section 13(1) of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) ;\n> > > \n> > > > (g) a prescribed offence.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of \"convicted\"","content":"### 4 Meaning of \"convicted\"\n\n> For the purposes of this Act, a person is taken to have been convicted of a serious offence if –\n> \n> > > (a) the person has been charged with and found guilty and convicted of the serious offence; or\n> > \n> > > (b) [*\\[Section 4 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC2@Hpa@EN) .  .  .  .  .  .  .  .  \n> > \n> > > (c) [*\\[Section 4 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC2@Hpb@EN) the person has been charged with and found guilty of the serious offence but the court hearing the charge has not proceeded to conviction; or\n> > \n> > > (d) the serious offence has been taken into account by a court in sentencing the person for another serious offence.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Liability of convicted persons to pay compensation levy","content":"### 5 Liability of convicted persons to pay compensation levy\n\n> > (1)  A person who is convicted of a serious offence must pay a compensation levy to the Crown.\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 27 of 2013, s. 58, Applied:01 Mar 2014\\]*](/view/html/inforce/2014-03-01/act-2013-027#GS58@EN) [*\\[Section 5 Subsection (2) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000\\]*](/view/html/inforce/2000-02-01/act-1999-049#JS1@Ja14@GC2@EN) [Subsection (1)](#GS5@Gs1@EN) does not apply if the person is convicted in the Magistrates Court (Youth Justice Division) or is convicted by the Supreme Court of an offence committed before the person attained the age of 18 years.\n> \n> > (3)  The amount of the compensation levy is –\n> > \n> > > > (a) [*\\[Section 5 Subsection (3) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC3@EN) if the person is convicted in the Supreme Court –\n> > > > \n> > > > > > (i) $20 or a prescribed amount, whichever is greater, in the case of conviction pursuant to an application under [section 385A of the](/view/html/inforce/2026-04-12/act-9999-069#) [Criminal Code](/view/html/inforce/2026-04-12/act-9999-069) ; or\n> > > > > \n> > > > > > (ii) $50 or a prescribed amount, whichever is greater, in any other case; or\n> > > \n> > > > (b) if the person is convicted in a court of petty sessions – $20 or a prescribed amount, whichever is greater.\n> \n> > (4)  The liability to pay the compensation levy is to be entered in any record of conviction and sentence made by the court.\n> \n> > (5)  If a person is convicted at the same time of more than one serious offence, a compensation levy is payable in respect of each of the convictions.\n> \n> > (6)  A compensation levy that is payable in respect of a conviction for a serious offence is additional to any pecuniary penalty or order for the payment of compensation that may be imposed or made in respect of the same conviction.\n> \n> > (7)  A court that convicts a person of a serious offence must not take into account the liability of that person to pay a compensation levy in determining the sentence to be imposed on that person for that serious offence.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Court may grant partial exemption in certain cases","content":"### 6 Court may grant partial exemption in certain cases\n\n> > (1)  In this section, ***the combined limit*** means $500 or a prescribed amount, whichever is greater.\n> \n> > (2)  Notwithstanding [section 5](#GS5@EN) , if –\n> > \n> > > > (a) a person is convicted at the same time of more than one serious offence; and\n> > > \n> > > > (b) the total amount of the compensation levies that the person is liable to pay in respect of those convictions exceeds the combined limit; and\n> > > \n> > > > (c) the court that convicted the person is satisfied in the circumstances that the person would suffer financial hardship if required to pay that total amount –\n> > > \n> > > the court, having regard to such matters as it considers appropriate, may order that the total amount of the compensation levies that the person is liable to pay is to be reduced to –\n> > > \n> > > > (d) the combined limit; or\n> > > \n> > > > (e) such other amount exceeding the combined limit as the court considers reasonable.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"When compensation levy is to be paid","content":"### 7 When compensation levy is to be paid\n\n> [*\\[Section 7 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC2@Hpa@EN) [*\\[Section 7 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC2@Hpb@EN) [*\\[Section 7 Subsection (3) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC2@Hpc@EN) [*\\[Section 7 Substituted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017\\]*](/view/html/inforce/2017-09-05/act-2017-029#JS1@Ja13@GC1@EN)\n> \n> > (1)  For the purposes of [section 5](#GS5@EN) , the compensation levy is to be paid –\n> > \n> > > > (a) if the person is sentenced to a term of imprisonment that is not wholly suspended, within 28 days after the person's release from prison; or\n> > > \n> > > > (b) if the person is not sentenced to a term of imprisonment, or is sentenced to a term of imprisonment that is wholly suspended, within 28 days after the date of sentencing.\n> \n> > (2)  Notwithstanding [subsection (1)](#GS7@Gs1@EN) , a court may order that the compensation levy is to be paid within a period of less than 28 days after the date of sentencing.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Payment of compensation levy","content":"### 8 Payment of compensation levy\n\n> > (1)  [*\\[Section 8 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC3@Hpa@EN) A compensation levy is to be paid to the Director, MPES.\n> \n> > (2)  [*\\[Section 8 Subsection (2) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC3@Hpc@EN) [*\\[Section 8 Subsection (2) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC3@Hpb@EN) [*\\[Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC4@EN) If a person is convicted of a serious offence in the Supreme Court or in a court of summary jurisdiction, that court must give notice of the convicted person's liability to pay the compensation levy, the amount of the levy and any associated orders to the Director, MPES.\n> > \n> > > > (a) [*\\[Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC4@EN) .  .  .  .  .  .  .  .  \n> > > \n> > > > (b) [*\\[Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC4@EN) .  .  .  .  .  .  .  .  \n> \n> > (3)  [*\\[Section 8 Subsection (3) omitted by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC3@Hpd@EN) .  .  .  .  .  .  .  .  \n> \n> > (4)  For the purposes of this Act, any notice of conviction and sentence given to a person convicted of a serious offence is to –\n> > \n> > > > (a) state that the convicted person is liable to pay a compensation levy; and\n> > > \n> > > > (b) specify the amount of the compensation levy; and\n> > > \n> > > > (c) specify when the compensation levy is to be paid; and\n> > > \n> > > > (d) [*\\[Section 8 Subsection (4) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC4@EN) [*\\[Section 8 Subsection (4) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC3@Hpe@EN) specify that the compensation levy may be paid to the Director, MPES.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Enforcement of compensation levy","content":"### 9 Enforcement of compensation levy\n\n> [*\\[Section 9 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-1997-059#JS1@Ja13@GC5@EN) [*\\[Section 9 Substituted by No. 62 of 2000, s. 3, Applied:01 Aug 1998\\]*](/view/html/inforce/1998-08-01/act-2000-062#GS3@EN)\n> \n> > (1)  [*\\[Section 9 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja11@GC4@EN) A compensation levy that a person must pay in respect of a conviction for a serious offence may be enforced as a fine under the [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) .\n> \n> > (2)  Any order made, warrant issued or act done on or after 1 August 1998 but before the [Justice Legislation (Miscellaneous Amendments) Act 2000](/view/html/inforce/2026-04-12/act-2000-999) received the Royal Assent to enforce a compensation levy in a manner provided by [section 47 of the](/view/html/inforce/2026-04-12/act-1997-059#GS47@EN) [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) is valid and effectual.","sortOrder":8},{"sectionNumber":"10.","sectionType":"section","heading":null,"content":"### 10.\n\n[Criminal Injuries Compensation Act 1976](/view/html/inforce/2026-04-12/act-1976-032)","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"### 11 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Administration of Act","content":"### 12 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice; and\n> > \n> > > (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of establishing a compensation levy on convicted offenders to fund victim support. While it has been amended multiple times to update references (particularly replacing the Sheriff with the Monetary Penalties Enforcement Service) and expand the list of qualifying offences, it has not grown beyond its core function. The amendments represent maintenance and expansion of coverage rather than mission creep."},"complexity_factors":["Multiple amendment history markers throughout the text (over 20 amendment notations) creating visual clutter","Cross-references to at least 8 other Acts (Criminal Code, Firearms Act 1996, Misuse of Drugs Act 2001, Poisons Act 1971, Police Offences Act 1935, Road Safety (Alcohol and Drugs) Act 1970, Marine Safety (Misuse of Alcohol) Act 2006, Traffic Act 1925, Vehicle and Traffic Act 1999, Monetary Penalties Enforcement Act 2005)","Nested definitions: 'serious offence' contains 7 categories with sub-paragraphs, some with their own sub-sub-paragraphs","Conditional payment timing logic with multiple branches (imprisonment vs non-imprisonment, suspended vs non-suspended)","Partial exemption mechanism in section 6 with multiple threshold conditions (combined limit, financial hardship test, judicial discretion)","Dual enforcement regimes referenced (current Monetary Penalties Enforcement Act 2005 and transitional validation of old Sentencing Act 1997 enforcement)","Section 10 is essentially a bare cross-reference to another Act with no substantive content"],"plain_english_summary":"This law creates a **compensation levy** — a mandatory fee that people convicted of serious crimes must pay to the government. The money goes toward compensating victims of crime.\n\n**Who has to pay?**\n- Anyone convicted of a \"serious offence\" — this includes crimes under the Criminal Code, firearms offences, drug offences, serious traffic offences (like drink driving), and other prescribed crimes.\n- The law treats you as \"convicted\" even if the court finds you guilty but doesn't formally record a conviction, or if the offence is taken into account when sentencing you for another crime.\n\n**Who doesn't have to pay?**\n- Young people convicted in the Youth Justice Division of the Magistrates Court.\n- People convicted by the Supreme Court for offences committed before they turned 18.\n\n**How much is it?**\n- **Supreme Court convictions:** $50 (or higher if prescribed), except for certain procedural convictions where it's $20.\n- **Lower court convictions:** $20 (or higher if prescribed).\n- If you're convicted of multiple offences at once, you pay a levy for each one — though the court can reduce the total if it would cause financial hardship and exceeds $500 (or the prescribed amount).\n\n**When and how to pay?**\n- If you're jailed: within 28 days of release.\n- If you're not jailed (or your sentence is suspended): within 28 days of sentencing.\n- The court can demand faster payment if it chooses.\n- Payments go to the Director of the Monetary Penalties Enforcement Service (MPES).\n\n**What if you don't pay?**\nThe levy is enforced like a fine under the Monetary Penalties Enforcement Act — meaning enforcement action can be taken to recover the debt.\n\n**Key principle:**\nCourts cannot reduce your sentence just because you also have to pay this levy. The levy is completely separate from fines, compensation orders, or prison time."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded and operationalised by amendments. The definition of \"serious offence\" was broadened to capture additional statutes and specific offences (s3). Collection and recipient functions were moved to the Director, MPES and enforcement was tied to the Monetary Penalties Enforcement Act (s8, s9). Provisions now exclude certain youth convictions (s5(2)), allow courts to reduce aggregate levies for hardship (s6), and permit adjustments to timing and prescribed amounts via regulations (s7, s11). These amendments shift both who pays and how levies are collected and enforced."},"complexity_factors":["Multiple cross-references to other statutes defining offences and enforcement (Criminal Code; Firearms Act; Misuse of Drugs Act; Police Offences Act; Road Safety Act; Monetary Penalties Enforcement Act) (s3, s9).","Layered amendments over time changing definitions, enforcement agents and procedures, requiring reading of amendment notes to determine current effect (throughout: s3, s5, s7, s8, s9).","Different treatment by court type and age (exclusions for Youth Justice Division and under‑18 Supreme Court convictions) and by court of conviction affecting levy amount (s5(2)–(3)).","Judicial discretion to reduce combined levies for financial hardship and to shorten payment periods creates case-by-case variation (s6, s7(2)).","Use of prescribed amounts and regulations means actual levy levels and combined limits are partly set outside the Act, adding reliance on delegated instruments (s5(3), s6(1), s11).","Operational complexity from routing payments to Director, MPES and enforcing levies as monetary penalties under a separate enforcement regime (s8, s9)."],"plain_english_summary":"This Act creates a statutory compensation levy that people convicted of defined “serious offences” must pay to the Crown, sets the levy amounts, when and how it must be paid, and how it is enforced. It applies to adult convictions (with specified youth exceptions), gives courts limited power to reduce levies for financial hardship, and routes collection through the Monetary Penalties Enforcement Service. It matters because it imposes a recurring financial obligation on convicted persons and assigns administrative and enforcement responsibilities to courts and MPES (ss 3, 5–9)."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act was originally enacted in 1994 and has been subject to multiple amendments (as indicated by the Table of Amending Instruments). The version current from 5 September 2017 reflects changes made over more than two decades. While the core purpose — compensating victims of crime — appears consistent with the original intent, the specific eligibility rules, compensation caps, and administrative processes have likely evolved considerably through those amendments, suggesting the operational scope has shifted from the original design."},"complexity_factors":["Interaction between government-funded compensation and potential recovery from offenders creates a dual-track legal process","Eligibility criteria for victims and qualifying offences require careful interpretation","Statutory caps and assessment frameworks involve discretionary decision-making","Time limitation rules can be strict and may disadvantage victims who delay claiming","Has been amended multiple times since 1994, meaning current provisions may differ significantly from the original Act","Overlap with civil law (tort/damages claims) and criminal law processes can create confusion about which pathway to pursue","Limited publicly available detail in the excerpt provided, making full scope assessment difficult"],"plain_english_summary":"The Victims of Crime Compensation Act 1994 (Tas) establishes a state‑funded scheme to provide financial help to people in Tasmania who suffer injury, loss or harm from criminal acts, and in some cases their families. It sets out how to apply, time limits, payment caps, and lets the government seek reimbursement from offenders. The law ensures victims can get practical support when perpetrators cannot or do not pay."}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-compensation-act-1994","history":"/api/acts/victims-of-crime-compensation-act-1994/history","analysis":"/api/acts/victims-of-crime-compensation-act-1994/analysis","conflicts":"/api/acts/victims-of-crime-compensation-act-1994/conflicts","importantCases":"/api/acts/victims-of-crime-compensation-act-1994/important-cases","documents":"/api/acts/victims-of-crime-compensation-act-1994/documents"}}