{"id":"a-2016-12","name":"Victims of Crime (Financial Assistance) Act 2016","slug":"victims-of-crime-financial-assistance-act-2016","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"12 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24457,"registerId":"act-a-2016-12-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 2\n6 Object of Act 3\n7 Meaning of act of violence 4\n9 Meaning of injury 4\n10 Meaning of homicide 5\n11 Meaning of primary victim 6\n12 Meaning of related victim 6\n\nPage\ncontents 2 Victims of Crime (Financial Assistance) Act 2016\n13 Meaning of class A related victim 6\n14 Meaning of class B related victim 7\n15 Meaning of class C related victim 7\n16 Meaning of homicide witness 8\n17 Meaning of close family member 8\nDivision 3.1 Eligibility\n18 Eligibility for financial assistance 9\n19 Primary victim 9\n20 Class A related victim 9\n21 Class B related victim 9\n22 Class C related victim 10\n23 Homicide witness 10\n24 Maximum total financial assistance 10\n25 CPI indexation of certain prescribed amounts 10\n26 Immediate need payment 11\n27 Economic loss payment 12\n28 Recognition payment for primary victim 12\n29 Recognition payment for class A related victim 13\n30 Recognition payment for class B related victim 13\n31 Application to commissioner 13\n32 Time for making application 16\n33 Notice of repayment and recovery procedures 17\n34 Withdrawal of application 17\n35 Amendment of application before commissioner’s decision 17\n36 Application lapses if no contact with commissioner 17\n37 Application lapses on death of applicant 18\nDivision 3.5 Commissioner may ask for information when deciding\napplications for financial assistance\n38 Power to ask for further information 18\n\nPage\ncontents 3\n39 Power to ask for examination by health practitioner 19\n40 Power to ask for information from chief police officer 19\n41 Power to ask for information from registrar 22\n42 Time for deciding application for financial assistance 23\n43 Deciding matters relevant to application for financial assistance\ngenerally 23\n44 Deciding whether applications involve related acts of violence 24\n45 Circumstances in which financial assistance must not be given 25\n46 Deciding amount of financial assistance 27\n47 Reducing amount of financial assistance 29\n48 How financial assistance may be given 30\nDivision 3.7 Variation of amount of financial assistance\n49 Application to vary amount of financial assistance previously received 31\n50 Deciding varied amount of financial assistance 32\n51 Eligibility to apply for funeral expense payment 34\n52 Application for funeral expense payment 34\n53 Amount of funeral expense payment 34\n54 Time for making application for funeral expense payment 34\n55 Notice of repayment and recovery procedures to applicant for funeral\nexpense payment 35\n56 Withdrawal of application for funeral expense payment 35\n57 Amendment of application before commissioner’s decision for funeral\nexpense payment 35\n58 Application for funeral expense payment lapses if no contact with\ncommissioner 35\n59 Application lapses on death of applicant for funeral expense payment 36\n60 Deciding application for funeral expense payment 36\n61 How funeral expense payment may be given 37\nPart 5 Repayment of financial assistance and\nfuneral expenses by assisted person\n62 Definitions—pt 5 38\n\nPage\ncontents 4 Victims of Crime (Financial Assistance) Act 2016\n63 Suspension of financial assistance or funeral expense payment 38\n64 Assisted person must notify commissioner about associated payment 39\n65 Assisted person liable for repayment amount 40\n66 Repayment arrangement notice 40\n67 Repayment direction notice 41\n68 Death of assisted person before repayment made 42\n69 Definitions—pt 6 43\n70 Offender liable to repay recoverable amount 44\n71 Commissioner must decide whether to take recovery action etc 44\n72 Commissioner must assess risks associated with recovery action 45\n73 Commissioner must consult assisted person before giving recovery\nintention notice to offender 45\n74 Recovery intention notice 46\n75 Commissioner may ask registrar for information relevant to recovery\naction 47\n76 Commissioner must not give offender confidential information 48\n77 Recovery notice 48\n78 Arrangement for payment of recoverable amount 50\n79 Commissioner may ask government agency for offender’s home\naddress for recovery action 51\n80 Meaning of offence—pt 7 53\n81 Meaning of convicted and convicts—pt 7 53\n82 Imposition of victims financial assistance levy 54\n83 Exemptions 54\n84 Effect of appeal etc 55\n85 Meaning of official—pt 8 56\n86 Functions of commissioner 56\n87 Commissioner’s guidelines 57\n88 Protection of officials from liability 57\n89 Secrecy 57\n\nPage\ncontents 5\nPart 9 Notification and review of decisions\n90 Definitions—pt 9 60\n91 Internal review notices 60\n92 Applications for reconsideration 60\n93 Reconsideration of decisions 61\n94 Reviewable decision notice 61\n95 Applications for review 61\n95A Application material not admissible in certain court proceedings 62\n96 Limitation on lawyers legal costs 63\n97 WPI indexation of lawyers legal costs 63\n98 Applications for financial assistance in relation to criminal injuries\nbefore commencement of this Act 64\n99 Determination of fees 65\n100 Approved forms 66\n101 Regulation-making power 66\nSchedule 1 Offences—act of violence 67\nPart 1.1 Definitions 67\n1.1 Definitions—sch 1 67\nPart 1.2 Offences 68\nDivision 1.2.1 General offences 68\nDivision 1.2.2 Family violence offences 68\nSchedule 2 Reviewable decisions 71\nPart 2.1 Internally reviewable decisions 71\nPart 2.2 Reviewable decisions 72\n\nPage\ncontents 6 Victims of Crime (Financial Assistance) Act 2016\nDictionary 73\n1 About the endnotes 81\n2 Abbreviation key 81\n3 Legislation history 82\n4 Amendment history 84\n5 Earlier republications 88\n6 Expired transitional or validating provisions 89\n\nAn Act to provide financial assistance for people affected by acts of violence,\nand for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Victims of Crime (Financial Assistance) Act 2016.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘commissioner—see the Victims of\nCrime Act 1994, dictionary.’ means that the term ‘commissioner’ is\ndefined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Object of Act","content":"6 Object of Act\nThe object of this Act is to help victims of crime by establishing a\nsystem for giving financial assistance to—\n(a) assist victims of crime to recover from acts of violence; and\n(b) contribute to the safety of victims of crime and the prevention\nof future acts of violence; and\n(c) acknowledge the harmful effects of acts of violence; and\n(d) complement other services provided for victims of crime.\n\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of act of violence","content":"7 Meaning of act of violence\nact of violence means conduct that—\n(a) results in a person’s injury or death; and\n(b) is, or happens in the course of, an offence (the associated\noffence) that is—\n(i) a schedule 1 offence; or\n(ii) an offence prescribed by regulation; and\n(c) occurs on or after the commencement of this Act.\nNote For criminal injuries before the commencement of this Act, see s 98\n(Applications for financial assistance in relation to criminal injuries\nbefore commencement of this Act).\n(2) In deciding whether conduct is an act of violence, it does not matter\nwhether a person responsible for the conduct—\n(a) has or has not been identified; or\n(b) lacks the legal capacity to be charged with, or convicted or found\nguilty of, the associated offence; or\n(c) has or has not been charged with, or convicted or found guilty\nof, the associated offence based on the conduct.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of injury","content":"9 Meaning of injury\ninjury—\n(a) means any of the following:\n(i) physical injury;\n\nImportant concepts Part 2\n(ii) mental illness;\n(iii) mental disorder; and\n(b) includes—\n(i) the aggravation, acceleration or recurrence of a physical\ninjury, mental illness or mental disorder; or\n(ii) the contraction, aggravation, acceleration or recurrence of\na disease; and\n(c) if the injury occurs in the course of, or as a result of, a sexual\noffence or family violence offence includes—\n(i) unplanned pregnancy; or\n(ii) a sense of violation; or\n(iii) a reduced sense of self-worth; or\n(iv) increased fear or feelings of insecurity; or\n(v) reduced capacity to participate in sexual activity.\nfamily violence offence means a schedule 1 offence for which the\nvictim of the offence is a relevant person.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of homicide","content":"10 Meaning of homicide\nhomicide means an act that—\n(a) occurs on or after the commencement of this Act; and\n(b) results in the death of a person; and\n(c) is, or happens in the course of, an offence of murder,\nmanslaughter or culpable driving causing death.\n\n(2) For the definition of homicide, it does not matter if the person who\ncommits the offence lacks the legal capacity to be charged with, or\nconvicted or found guilty of, the offence.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of primary victim","content":"11 Meaning of primary victim\nprimary victim means a person who has been injured or dies as a\ndirect result of an act of violence done by another person.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of related victim","content":"12 Meaning of related victim\nrelated victim means any of the following:\n(a) a class A related victim;\n(b) a class B related victim;\n(c) a class C related victim.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of class A related victim","content":"13 Meaning of class A related victim\nclass A related victim means a person who, at the time a primary\n(a) is a dependant of the primary victim; and\n(b) is 1 of the following:\n(i) a close family member of the primary victim;\n(ii) an intimate partner of the primary victim.\nNote Intimate partner—see the Family Violence Act 2016, s 10.\n\nImportant concepts Part 2\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of class B related victim","content":"14 Meaning of class B related victim\nclass B related victim means a person who, at the time a primary\n(a) is financially independent of the primary victim; and\n(b) is 1 of the following:\n(i) a close family member of the primary victim;\n(ii) an intimate partner of the primary victim.\nNote Intimate partner—see the Family Violence Act 2016, s 10.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of class C related victim","content":"15 Meaning of class C related victim\nclass C related victim means a person who, at the time a primary\n(a) is financially independent of the primary victim; and\n(b) is a family member of the primary victim.\nfamily member, of a primary victim, means a person who is—\n(a) a brother, sister, stepbrother, stepsister, half-brother or\nhalf-sister of the primary victim; or\n(b) if the primary victim was an Aboriginal or a Torres Strait\nIslander person—regarded, in accordance with the traditions and\ncustoms of the primary victim’s Aboriginal community or\nTorres Strait Islander community, as a person mentioned in\nparagraph (a).\n\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Meaning of homicide witness","content":"16 Meaning of homicide witness\nhomicide witness, in relation to a homicide, means a person, other\nthan a primary victim, a related victim or a perpetrator of the\nhomicide, who has been injured as a result of—\n(a) being present when the homicide occurs; or\n(b) being a witness in a criminal investigation or a proceeding\nrelated to the homicide.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Meaning of close family member","content":"17 Meaning of close family member\nclose family member, of a primary victim, means a person who is in 1\nof the following relationships:\n(a) the domestic partner of the primary victim;\nNote Domestic partner—see the Legislation Act, s 169.\n(b) a parent, guardian or step-parent of the primary victim;\n(c) a child or stepchild of the primary victim, or some other child of\nwhom the primary victim is the guardian.\nguardian does not include the director-general responsible for\nadministering the Children and Young People Act 2008 or any other\nperson who is a guardian because of the person’s occupation of a\nstatutory office, whether within the ACT or elsewhere.\n\nEligibility Division 3.1\n","sortOrder":15},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Eligibility","content":"Division 3.1 Eligibility\nNote In addition to financial assistance, a person may also be eligible for a\nfuneral expense payment.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Eligibility for financial assistance","content":"18 Eligibility for financial assistance\nFinancial assistance may only be given to a person who is eligible to\napply for financial assistance in accordance with this division.\n19 Primary victim\nA primary victim is eligible to apply for any of the following:\n20 Class A related victim\nA class A related victim is eligible to apply for any of the following:\n21 Class B related victim\nA class B related victim is eligible to apply for any of the following:\n\n","sortOrder":17},{"sectionNumber":"22","sectionType":"section","heading":"Class C related victim","content":"22 Class C related victim\nA class C related victim is eligible to apply for any of the following:\n(b) an economic loss payment.\n","sortOrder":18},{"sectionNumber":"23","sectionType":"section","heading":"Homicide witness","content":"23 Homicide witness\nA homicide witness is eligible to apply for any of the following:\n(b) an economic loss payment.\n","sortOrder":19},{"sectionNumber":"24","sectionType":"section","heading":"Maximum total financial assistance","content":"24 Maximum total financial assistance\nThe maximum total amount of financial assistance that may be given\nto a person for an application for financial assistance is the amount\nprescribed by regulation.\n","sortOrder":20},{"sectionNumber":"25","sectionType":"section","heading":"CPI indexation of certain prescribed amounts","content":"25 CPI indexation of certain prescribed amounts\n(1) An amount prescribed by regulation under the following sections\nmust be amended each year in line with variations in the CPI that\nhappen after the commencement of the regulation in which the\namount is prescribed:\n(a) section 24 (Maximum total financial assistance);\n(b) section 28 (Recognition payment for primary victim);\n(c) section 29 (Recognition payment for class A related victim);\n(d) section 30 (Recognition payment for class B related victim).\n\nFinancial assistance Division 3.3\n(2) However, if an amount required to be amended in accordance with\nsubsection (1) would be reduced because of a reduction in the CPI (a\nnegative adjustment), the amount must not be amended in line with\nthe negative adjustment.\n(3) An amount that, in accordance with subsection (2), is not reduced\nmay be increased in line with an adjustment in the CPI that would\nincrease the amount only to the extent that the increase, or part of the\nincrease, is not one that would cancel out the effect of the negative\nadjustment.\n(4) Subsection (3) does not apply to a negative adjustment once the effect\nof the negative adjustment has been offset against an increase in line\nwith an adjustment in the CPI.\nExample—adjustments\nAn amount prescribed by regulation is $100. There is a 20% increase in the CPI\nafter the section commences. The amount prescribed becomes $120 ($100 + 20%).\nThere is then a 10% drop in the CPI. The amount does not change from $120\n(although if it had changed it would be $108).\nThere is a 20% increase in the CPI. The 20% increase is not to the $120, but to the\n$108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount\n($120) increased by so much of the 20% increase that did not cancel out the effect\nof the adjustment down to $108.\nCPI means the All Groups Consumer Price Index (Canberra) issued\nby the Australian statistician.\n26 Immediate need payment\n(1) A financial payment (an immediate need payment) may be made to\na person for reasonable expenses incurred, or expected to be incurred,\nfor an immediate need that is related to an act of violence.\n\n(2) For this section, an expense is a reasonable expense if payment of the\nexpense, at the time the application is made, is likely to—\n(a) promote the recovery of the person; or\n(b) prevent further harm to the person; or\n(c) limit further threats to the safety of the person.\n(3) A regulation may prescribe the following:\n(a) a particular immediate need for which an immediate need\npayment may be made;\n(b) a condition, if any, to making the immediate need payment;\n(c) the maximum amount, if any, of the payment for the need;\n(d) the maximum amount, if any, of all immediate need payments\nthat may be made in relation to a single act of violence.\n","sortOrder":21},{"sectionNumber":"27","sectionType":"section","heading":"Economic loss payment","content":"27 Economic loss payment\n(1) A financial payment (an economic loss payment) may be made to a\nperson for economic loss sustained as a result of an act of violence.\n(2) A regulation may prescribe the following:\n(a) economic loss for which an economic loss payment may be\nmade;\n(b) a condition, if any, to making the economic loss payment;\n(c) the maximum amount, if any, of the payment for the loss;\n(d) the maximum amount, if any, of all economic loss payments that\nmay be made in relation to a single act of violence.\n","sortOrder":22},{"sectionNumber":"28","sectionType":"section","heading":"Recognition payment for primary victim","content":"28 Recognition payment for primary victim\n(1) A financial payment (a recognition payment) may be made to a\nprimary victim for trauma experienced by the primary victim as a\nresult of an act of violence.\n\n(2) A regulation may prescribe the following:\n(a) an offence in the course of which the act of violence must occur\nfor a recognition payment to be made;\n(b) the amount of the recognition payment in relation to the offence.\n","sortOrder":23},{"sectionNumber":"29","sectionType":"section","heading":"Recognition payment for class A related victim","content":"29 Recognition payment for class A related victim\n(1) A financial payment (a recognition payment) may be made to a class\nA related victim for trauma experienced by the class A related victim\nas a result of an act of violence against a primary victim.\n(2) A recognition payment for a class A related victim is a payment of\nthe amount prescribed by regulation.\n","sortOrder":24},{"sectionNumber":"30","sectionType":"section","heading":"Recognition payment for class B related victim","content":"30 Recognition payment for class B related victim\n(1) A financial payment (a recognition payment) may be made to a class\nB related victim for trauma experienced by the class B related victim\nas a result of an act of violence against a primary victim.\n(2) A recognition payment for a class B related victim is a payment of\nthe amount prescribed by regulation.\n","sortOrder":25},{"sectionNumber":"31","sectionType":"section","heading":"Application to commissioner","content":"31 Application to commissioner\n(1) A person (the applicant) may apply to the commissioner for financial\nassistance.\n(2) An application for financial assistance must—\n(a) be in writing; and\n(b) include a contact address for the applicant; and\n(c) indicate the financial assistance payment that the applicant\nwishes to claim; and\n\n(d) be accompanied by evidence that—\n(i) the act of violence that is the subject of the application has\nbeen reported to a police officer; or\n(ii) if the applicant is a special reporting class victim and the\napplication does not include a claim for a recognition\npayment—the act of violence that is the subject of the\napplication has been reported in accordance with\nsubsection (5).\n(3) However, the application need not comply with the requirement\nunder subsection (2) (d) (i) if the act of violence was carried out by a\nperson who was under the age of criminal responsibility for the\noffence in the course of which the act of violence occurred.\n(4) An applicant is a special reporting class victim if, in relation to an act\nof violence that is the subject of an application, the applicant is a\nprimary victim—\n(a) of a sexual offence; or\n(b) of an offence in which the person responsible for the act of\nviolence against the primary victim was in a position of power,\ntrust or authority in relation to the primary victim; or\n(c) who has impaired physical, psychological or intellectual\ncapacity; or\n(d) who was under 18 years old when the act of violence occurred;\nor\n(e) who did not report the act of violence to police because of threats\nmade, or intimidation by, another person.\n\n(5) For subsection (2) (d) (ii), an applicant who is a special reporting class\nvictim reports an act of violence in accordance with this section if—\n(a) for an application applying for an immediate need payment\nonly—the applicant reported the act to at least 2 of the\n(i) a government agency;\n(ii) a doctor or a psychologist or a counsellor or a\nsocial worker;\n(iii) an appropriately qualified non-government agency; or\n(b) for an application applying for an immediate need payment and\nan economic loss payment, or for an economic loss payment\nonly—the applicant reported the act to both of the following:\n(i) a government agency;\n(ii) a doctor or a psychologist or a counsellor or a\nsocial worker.\n(6) In this section:\nappropriately qualified non-government agency means an agency\nspecified by the commissioner as an appropriately qualified\nnon-government agency in the commissioner’s guidelines under\nsection 87 (Commissioner’s guidelines).\nunder the age of criminal responsibility—a person is under the age\nof criminal responsibility for an offence if the person is not\ncriminally responsible under the Criminal Code, section 25 for the\noffence.\n\n","sortOrder":26},{"sectionNumber":"32","sectionType":"section","heading":"Time for making application","content":"32 Time for making application\n(1) An application under section 31 must be made within 3 years of the\nlast occurring of the following:\n(a) the day of the act of violence that is the subject of the\n(b) if there are 2 or more relevant acts of violence—the day of the\nmost recent act of violence;\n(c) for an application by an individual who was under 18 years old\non the day mentioned in paragraph (a) or (b)—the day the\nindividual turns 18.\n(2) The commissioner may extend the time for making an application if\nthe commissioner believes on reasonable grounds that an extension is\nin the interests of fairness having regard to the following:\n(a) the age of the person when the act of violence that is the subject\nof the application occurred;\n(b) whether the applicant has, or had, impaired physical,\npsychological or intellectual capacity;\n(c) whether the person responsible for the act of violence that is the\nsubject of the application was in a position of power, trust or\nauthority in relation to the primary victim;\n(d) the physical and psychological effect of the act of violence that\nis the subject of the application on the applicant;\n(e) whether the extension of time will prevent a fair consideration\nof the application;\n(f) any other matter that the commissioner believes on reasonable\ngrounds is relevant.\n\n","sortOrder":27},{"sectionNumber":"33","sectionType":"section","heading":"Notice of repayment and recovery procedures","content":"33 Notice of repayment and recovery procedures\n(1) As soon as practicable after the day the commissioner receives an\napplication under section 31 (Application to commissioner) the\ncommissioner must give the applicant written notice about the action\nthat may be taken against—\n(a) an applicant under part 5 (Repayment of financial assistance and\nfuneral expenses by assisted person); and\n(b) an offender under part 6 (Recovery from offender).\n(2) The notice must also state that, if financial assistance is given to the\napplicant, the person responsible for the act of violence that is the\nsubject of the application may be contacted by the commissioner to\nrecover some or all of the financial assistance given.\n","sortOrder":28},{"sectionNumber":"34","sectionType":"section","heading":"Withdrawal of application","content":"34 Withdrawal of application\nAn application for financial assistance may be withdrawn by the\napplicant, at any time, by written notice given to the commissioner.\n","sortOrder":29},{"sectionNumber":"35","sectionType":"section","heading":"Amendment of application before commissioner’s","content":"35 Amendment of application before commissioner’s\nAn application for financial assistance may be amended by the\napplicant, at any time before the commissioner has decided the\napplication, by written notice given to the commissioner.\n","sortOrder":30},{"sectionNumber":"36","sectionType":"section","heading":"Application lapses if no contact with commissioner","content":"36 Application lapses if no contact with commissioner\n(1) This section applies if an applicant does not contact the commissioner\nwithin 6 months after the day the commissioner gives notice under\nsection 33 (Notice of repayment and recovery procedures).\n(2) The commissioner must give the applicant notice that the application\nwill lapse under subsection (3) unless the applicant makes contact\nwith the commissioner within 6 months.\n\n(3) If the applicant does not make contact with the commissioner within\n6 months after notice is given under subsection (2), the application\nlapses.\n(4) If an application lapses under this section, an applicant may reapply\nfor financial assistance under this part.\nNote See s 32 (Time for making application).\n","sortOrder":31},{"sectionNumber":"37","sectionType":"section","heading":"Application lapses on death of applicant","content":"37 Application lapses on death of applicant\nIf an applicant for financial assistance dies before the application is\nfinally decided, the application lapses.\nDivision 3.5 Commissioner may ask for\ninformation when deciding\napplications for financial assistance\n","sortOrder":32},{"sectionNumber":"38","sectionType":"section","heading":"Power to ask for further information","content":"38 Power to ask for further information\nWhen deciding an application for financial assistance the\ncommissioner may—\n(a) make any inquiries that the commissioner believes on\nreasonable grounds are relevant to the application; and\n(b) by written notice, ask the applicant to give the commissioner the\n(i) further information, specified by the commissioner, about\nthe application;\nExamples—further information\n1 details about a complaint or report made to police about an act of\n2 details about a report made to an agency providing assistance for\nfamily violence about a family violence incident\n\nCommissioner may ask for information when deciding applications for\nDivision 3.5\n(ii) an authorisation that allows the commissioner to obtain\nfurther information about the application from another\nperson.\n","sortOrder":33},{"sectionNumber":"39","sectionType":"section","heading":"Power to ask for examination by health practitioner","content":"39 Power to ask for examination by health practitioner\n(1) When deciding an application for financial assistance, the\ncommissioner may ask the applicant to—\n(a) submit to an examination by a health practitioner; and\n(b) arrange for a report of the examination to be given to the\ncommissioner.\n(2) Despite any law or duty requiring a health practitioner to maintain the\nconfidentiality of health examinations, a health practitioner may give\nthe commissioner—\n(a) a report about an examination conducted under this section; and\n(b) any other information the health practitioner considers is\nrelevant to the report about the examination.\nNote It is an offence for an official to divulge protected information\n(see s 89 (1)).\n(3) If the commissioner asks for an examination under this section the\ncommissioner must pay for the examination.\n","sortOrder":34},{"sectionNumber":"40","sectionType":"section","heading":"Power to ask for information from chief police officer","content":"40 Power to ask for information from chief police officer\n(1) When deciding an application for financial assistance in relation to an\nact of violence, the commissioner may ask the chief police officer or\nan investigating police officer (the requested officer) for—\n(a) information and documents about the following:\n(i) the facts about the act of violence that is the subject of the\n\n(ii) the progress of an investigation into the act of violence that\nis the subject of the application (including the police officer\nresponsible for investigating the act of violence);\n(iii) if a proceeding is not started in relation to the act of\nviolence that is the subject of the application—the reasons\nfor not starting a proceeding;\n(iv) if a proceeding is started for the act of violence that is the\nsubject of the application—details of the following:\n(A) the charges laid against the person alleged to have\nengaged in the act of violence that is the subject of the\n(B) the place and date of hearing of the proceeding;\n(C) the outcome of the proceeding, including any\nsentence imposed;\n(D) the outcome of any appeal;\n(E) if the proceeding is discontinued—the reasons for\ndiscontinuation of the proceeding; and\n(b) a copy of any person’s statement about the act of violence that\nis the subject of the application; and\n(c) clarification about any of the information mentioned in\nparagraph (a), including any changes to the information\npreviously provided.\n(2) The requested officer must comply with a request under\nsubsection (1) if the officer has possession of, or access to, the\ninformation or documents requested.\n\nCommissioner may ask for information when deciding applications for\nDivision 3.5\n(3) However, the requested officer must not give the commissioner\ninformation or documents about an investigation relating to an act of\nviolence that is the subject of the application if the officer believes on\nreasonable grounds that giving the information or documents may—\n(a) prejudice an investigation to which the information may be\nrelevant; or\n(b) lead to the identification of an informer; or\n(c) affect the safety of any person.\n(4) If the requested officer decides under subsection (3) not to comply\nwith a request under subsection (1) the officer must—\n(a) notify the commissioner that the officer will not comply with the\nrequest; and\n(b) give reasons for not complying with the request.\n(5) If the requested officer provides a copy of a person’s statement\nmentioned in subsection (1) (b), the officer must remove all\nparticulars identifying the maker of the statement except particulars\nthe officer believes are relevant to assist the commissioner to decide\nthe application.\n(6) Giving information or documents under this section is authorised\ndespite any other territory law, including a law imposing an\nobligation to maintain confidentiality about the information or\ndocuments.\nNote It is an offence for an official to divulge protected information\n(see s 89 (1)).\n(7) In this section:\ninvestigating police officer, in relation to an act of violence, means\nthe police officer who is in charge of investigating the act of violence.\n\n","sortOrder":35},{"sectionNumber":"41","sectionType":"section","heading":"Power to ask for information from registrar","content":"41 Power to ask for information from registrar\n(1) When deciding an application for financial assistance in relation to an\nact of violence, the commissioner may ask the registrar for\ninformation about a proceeding started for the act of violence that is\nthe subject of the application.\n(2) The information that may be requested includes information about the\n(a) the charges laid against the person alleged to have engaged in\nthe act of violence that is the subject of the application;\n(b) the charges laid against another person alleged to have conspired\nwith the person alleged to have engaged in the act of violence\nthat is the subject of the application;\n(c) the place and date of hearing of the proceeding;\n(d) the outcome of the proceeding, including any sentence imposed;\n(e) the outcome of any appeal.\n(3) The registrar must give the information requested under\nsubsection (2) to the commissioner, unless the registrar is satisfied on\nreasonable grounds that giving the information is—\n(a) contrary to a law in force in the Territory; or\n(b) otherwise inappropriate.\n(4) The information may be given by allowing the commissioner access\nto electronic information maintained by the registrar.\n(5) If the commissioner accesses electronic information it may only be\nused in connection with the information requested under\nsubsection (2).\n\n(6) This section is additional to any other Act that provides for\ninformation to be given by a registrar.\nDivision 3.6 Deciding applications for financial\n","sortOrder":36},{"sectionNumber":"42","sectionType":"section","heading":"Time for deciding application for financial assistance","content":"42 Time for deciding application for financial assistance\n(1) The commissioner must decide an application for financial assistance\nas soon as reasonably practicable after—\n(a) the day the commissioner receives the application; or\n(b) if the commissioner asks for information under division 3.5\n(Commissioner may ask for information when deciding\napplications for financial assistance)—the day the information\nis given to the commissioner.\n(2) If an application for financial assistance includes a claim for an\nimmediate need payment, the commissioner must give priority to a\ndecision about the claim (the expedited decision) before deciding any\nother claim in the application.\n","sortOrder":37},{"sectionNumber":"43","sectionType":"section","heading":"Deciding matters relevant to application for financial","content":"43 Deciding matters relevant to application for financial\nassistance generally\nThe commissioner must be satisfied on the balance of probabilities\nabout the existence of any matter relevant to deciding an application\nfor financial assistance.\nExamples—matter relevant to an application for financial assistance\n1 whether an offence has occurred\n2 whether a circumstance in which financial assistance must not be given applies\n3 whether an application involves related conduct\n4 whether an injury was caused by an act of violence\n\n5 whether an economic loss was caused by an act of violence\n6 the nature and extent of an injury\n7 the nature and amount of an economic loss\n","sortOrder":38},{"sectionNumber":"44","sectionType":"section","heading":"Deciding whether applications involve related acts of","content":"44 Deciding whether applications involve related acts of\n(1) This section applies if a person makes 2 or more separate applications\nfor financial assistance under division 3.4 (Applications for financial\nassistance).\n(2) The commissioner must review the applications to work out if the\napplications are for acts of violence that occur in the course of a series\nof offences that are related.\nExamples—series of offences that are related\n1 offences with same offender and same primary victim\n2 contemporaneous or near contemporaneous offences\n(3) Acts of violence that occur in the course of a series of offences that\nare related must be treated as a single act of violence—\n(a) if the series of offences are, or are likely to be, part of a single\nongoing offence; or\n(b) if the effect of treating each act of violence separately would\nresult in the applicant receiving a total amount of financial\nassistance that would be disproportionately more than the\namount of financial assistance that would be appropriate for the\ntotality of harm suffered by the applicant as a result of the acts;\nor\n(c) in circumstances prescribed by regulation.\n\n(4) If the commissioner is satisfied that the acts of violence that are the\nsubject of separate applications appear to be a single act of violence,\nthe commissioner must give the applicant written notice—\n(a) that the separate applications for financial assistance appear to\ndisclose a series of offences that are related, and that without\nfurther information suggesting otherwise the acts of violence\noccurring in the course of the offences must be treated as a single\nact of violence; and\n(b) asking the applicant to tell the commissioner, in writing, within\n14 days after the notice is received, if there is a reason why the\nacts of violence should not be treated as a single act of violence.\n(5) After considering any reasons given by the applicant in response to\nnotice under subsection (4) the commissioner must—\n(a) decide whether or not to treat the acts of violence as a single act\nof violence; and\n(b) tell the applicant, by written notice, the commissioner’s\n(6) If the commissioner decides to treat the acts of violence as a single\nact of violence, the separate applications are taken to be a single\napplication for financial assistance.\n","sortOrder":39},{"sectionNumber":"45","sectionType":"section","heading":"Circumstances in which financial assistance must not be","content":"45 Circumstances in which financial assistance must not be\ngiven\ngrounds that any of the following (a disqualifying circumstance)\napply in relation to an applicant for financial assistance:\n(a) the applicant is not eligible for the assistance;\n(b) the applicant conspired with the person responsible for the act\nof violence that is the subject of the application for assistance;\n\n(c) the applicant was involved in a serious crime when the act of\nviolence that is the subject of the application occurred and the\nserious crime was the main reason that the act of violence\noccurred;\n(d) the applicant is claiming financial assistance as a related victim\nfor the act of violence that is the subject of the application that\nwas related to a serious crime carried out by the primary victim;\n(e) the applicant has unreasonably failed to give assistance to the\npolice in relation to the act of violence that is the subject of the\napplication.\n(2) The commissioner must give the applicant written notice—\n(a) stating that the application for financial assistance appears to\ninvolve a disqualifying circumstance described in the notice,\nand without further information suggesting otherwise financial\nassistance will not be given; and\n(b) asking the applicant to tell the commissioner, in writing, within\n14 days after the notice is received, if there is a reason why the\ndisqualifying circumstance does not apply.\n(3) After considering any reasons given by the applicant in response to\nnotice under subsection (2), the commissioner must—\n(a) decide whether or not a disqualifying circumstance applies in\nrelation to the applicant; and\n(b) tell the applicant, by written notice, the commissioner’s decision\nif—\n(i) the commissioner decided that no disqualifying\ncircumstances apply in relation to the applicant; or\n(ii) the applicant gave reasons and the commissioner decided\nthat a disqualifying circumstance applies in relation to the\napplicant.\n\n(4) If the commissioner decides that a disqualifying circumstance applies\nin relation to an applicant the commissioner must not give financial\nassistance to the applicant.\nserious crime means any of the following:\n(a) an offence against the person;\n(b) a sexual offence;\n(c) an offence relating to property;\n(d) an offence against the Criminal Code, chapter 6 (Serious drug\noffences) other than section 618 (Cultivating controlled plant);\n(e) an offence involving dishonesty;\n(f) an offence against a law of the Commonwealth or a State\ncorresponding to a provision of the Criminal Code, part 2.4\n(Extensions of criminal responsibility) or section 717\n(Accessory after the fact) in relation to an offence mentioned in\nparagraphs (a) to (e).\nNote A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\n","sortOrder":40},{"sectionNumber":"46","sectionType":"section","heading":"Deciding amount of financial assistance","content":"46 Deciding amount of financial assistance\n(1) The commissioner must decide the amount of financial assistance that\nmay be given to an applicant for financial assistance if the\ncommissioner—\n(a) believes on reasonable grounds that the applicant is eligible to\napply for the assistance under division 3.1 (Eligibility); and\n(b) is satisfied that the application for the assistance complies with\ndivision 3.4 (Applications for financial assistance); and\n(c) has decided under section 45, that no disqualifying\ncircumstances apply in relation to the applicant.\n\n(2) The commissioner must—\n(a) for an application that includes a claim for an immediate need\n(i) consider the extent to which services are available to the\napplicant—\n(A) under the victims services scheme; and\n(B) from other sources; and\n(ii) decide the immediate needs the applicant has; and\n(iii) decide the immediate need payment to be made to the\napplicant; and\n(b) for an application that includes a claim for an economic loss\n(i) consider the extent to which services are available to the\napplicant—\n(A) under the victims services scheme; and\n(B) from other sources; and\n(ii) decide the applicant’s economic loss; and\n(iii) decide the economic loss payment to be made to the\napplicant; and\n(c) for an application that includes a claim for a recognition\n(i) identify the act of violence that is the subject of the\napplication; and\n(ii) decide the recognition payment to be made to the applicant;\nand\n(d) if section 47 applies—reduce the amount in accordance with that\nsection.\n\n(3) The commissioner must tell the applicant, by written notice, the\ncommissioner’s decision.\n","sortOrder":41},{"sectionNumber":"47","sectionType":"section","heading":"Reducing amount of financial assistance","content":"47 Reducing amount of financial assistance\ngrounds that, for an act of violence that is the subject of an application\nfor financial assistance, the applicant has—\n(a) received an associated payment covering the same harm or loss\nas the financial assistance is intended to cover; or\n(b) previously been required to repay an amount under\npart 5 (Repayment of financial assistance and funeral expenses\nby assisted person) and has not repaid the amount; or\n(c) previously been required to repay an amount under\npart 6 (Recovery from offender) and has not repaid the amount;\nor\n(d) been involved in contributory conduct.\n(2) The commissioner must reduce the amount of financial assistance to\nthe applicant by an amount—\n(a) if circumstances mentioned in subsection (1) (a) apply—equal\nto the associated payment; or\n(b) if circumstances mentioned in subsection (1) (b) or (c) apply—\nequal to the outstanding repayment amount; or\n(c) if circumstances mentioned in subsection (1) (d) apply—that the\ncommissioner is satisfied is appropriate, taking into account the\napplicant’s contributory conduct.\n\n(3) In this section:\ncontributory conduct means any of the following conduct by the\napplicant:\n(a) conduct that contributed to the injury suffered by the applicant\nas a result of the act of violence that is the subject of the\n(b) participating in or assisting in the act of violence that is the\nsubject of the application;\n(c) encouraging someone else to participate in or assist in the act of\nviolence that is the subject of the application;\n(d) failing to take reasonable steps to mitigate the extent of injury\nthat arose from the act of violence.\n","sortOrder":42},{"sectionNumber":"48","sectionType":"section","heading":"How financial assistance may be given","content":"48 How financial assistance may be given\nIf the commissioner has decided the amount of financial assistance\nthat an applicant for the assistance is entitled to receive, the assistance\nmay be given in any of the following ways:\n(a) as a single payment, or a series of payments, to the applicant;\n(b) as payment of an invoice for, or on behalf of, the applicant;\n(c) as a refund of expenditure incurred by, or on behalf of, the\napplicant;\n(d) if the applicant is a child—as a payment to the public trustee and\nguardian to be held on trust for the applicant.\n\nVariation of amount of financial assistance Division 3.7\nDivision 3.7 Variation of amount of financial\n","sortOrder":43},{"sectionNumber":"49","sectionType":"section","heading":"Application to vary amount of financial assistance","content":"49 Application to vary amount of financial assistance\npreviously received\n(1) A person may apply to the commissioner to vary an amount of\nfinancial assistance received by the person (an earlier assistance\npayment) only if, the person’s circumstances have changed, or are\nlikely to change, since the earlier assistance payment.\n(2) An application under subsection (1) must—\n(a) be made within 7 years after the day the commissioner first gives\nfinancial assistance to the person; and\n(b) state particulars about—\n(i) the earlier assistance payment; and\n(ii) the variation sought to the earlier assistance payment; and\n(iii) the act of violence to which the earlier assistance payment\nrelates; and\n(iv) how the person’s circumstances have changed or are likely\nto change; and\n(c) include any other information prescribed by regulation.\n(3) Only 1 application may be made under this section in a year unless\nthe commissioner is reasonably satisfied that exceptional\ncircumstances exist to allow more than 1 application to be made in\nthe year.\n\nDivision 3.7 Variation of amount of financial assistance\n","sortOrder":44},{"sectionNumber":"50","sectionType":"section","heading":"Deciding varied amount of financial assistance","content":"50 Deciding varied amount of financial assistance\n(1) If the commissioner receives an application under section 49, the\ncommissioner must decide whether to—\n(a) refuse to increase the amount of financial assistance to the\napplicant; or\n(b) agree to increase the amount of financial assistance to the\napplicant, and work out the amount of the increase.\n(2) However, if the commissioner decides to increase the amount of\nfinancial assistance, the total amount of all financial assistance to the\napplicant for the act of violence that is the subject of the application\nmust not, including the increased amount, be more than the maximum\nfinancial assistance amounts that applied when financial assistance\nwas first given to the applicant for the act of violence.\nExamples—maximum financial assistance amounts\n1 the maximum total financial assistance payable for an application for financial\nassistance under s 24 (Maximum total financial assistance)\n2 for an immediate need payment—the maximum amount payable for—\n(a) a particular need; and\n(b) all immediate needs\n3 for an economic loss payment—the maximum amount payable for—\n(a) a particular loss; and\n(b) all losses\n(3) The following divisions apply to the commissioner when deciding an\napplication under section 49 (a variation application) as if a reference\nto an application for financial assistance in the divisions was a\nreference to a variation application:\n(a) division 3.5 (Commissioner may ask for information when\ndeciding applications for financial assistance);\n(b) division 3.6 (Deciding applications for financial assistance).\n\nVariation of amount of financial assistance Division 3.7\n(4) The commissioner must—\n(a) tell the person, by written notice, the commissioner’s decision\nunder subsection (1); and\n(b) if the decision is to increase the amount of financial assistance—\narrange for payment of the increased amount.\n\n","sortOrder":45},{"sectionNumber":"51","sectionType":"section","heading":"Eligibility to apply for funeral expense payment","content":"51 Eligibility to apply for funeral expense payment\nA person is eligible to apply to the commissioner for a funeral\nexpense payment if the person has paid, or is required to pay, the costs\nof a funeral for a primary victim who died as a result of homicide.\n","sortOrder":46},{"sectionNumber":"52","sectionType":"section","heading":"Application for funeral expense payment","content":"52 Application for funeral expense payment\nAn application for a funeral expense payment must—\n(a) be in writing; and\n(b) include a contact address for the person making the application\n(the applicant); and\n(c) contain any other information, and comply with any other\nrequirement, prescribed by regulation for the application.\n","sortOrder":47},{"sectionNumber":"53","sectionType":"section","heading":"Amount of funeral expense payment","content":"53 Amount of funeral expense payment\nThe maximum amount of a funeral expense payment under this part\nis the lesser of the following:\n(a) the reasonable costs of a funeral that is the subject of an\napplication under section 52;\n(b) an amount prescribed by regulation as the maximum funeral\nexpense payment.\n","sortOrder":48},{"sectionNumber":"54","sectionType":"section","heading":"Time for making application for funeral expense payment","content":"54 Time for making application for funeral expense payment\nAn application under section 52 must be made within 3 years after\nthe day of the death of the primary victim.\n\nFuneral expenses Part 4\n","sortOrder":49},{"sectionNumber":"55","sectionType":"section","heading":"Notice of repayment and recovery procedures to","content":"55 Notice of repayment and recovery procedures to\napplicant for funeral expense payment\n(1) As soon as practicable after the day the commissioner receives an\napplication under section 52 the commissioner must give the\napplicant written notice about the action that may be taken against—\n(a) an applicant under part 5 (Repayment of financial assistance and\nfuneral expenses by assisted person); and\n(b) an offender under part 6 (Recovery from offender).\n(2) The notice must also state that, if a funeral expense payment is made\nto the applicant, the person responsible for the act of violence that\nresulted in the death of the primary victim may be contacted by the\ncommissioner to recover some or all of the payment.\n","sortOrder":50},{"sectionNumber":"56","sectionType":"section","heading":"Withdrawal of application for funeral expense payment","content":"56 Withdrawal of application for funeral expense payment\nAn application under section 52 may be withdrawn by the applicant,\nat any time, by written notice given to the commissioner.\n","sortOrder":51},{"sectionNumber":"57","sectionType":"section","heading":"Amendment of application before commissioner’s","content":"57 Amendment of application before commissioner’s\ndecision for funeral expense payment\nAn application under section 52 may be amended by the applicant, at\nany time before the commissioner has decided the application, by\nwritten notice given to the commissioner.\n","sortOrder":52},{"sectionNumber":"58","sectionType":"section","heading":"Application for funeral expense payment lapses if no","content":"58 Application for funeral expense payment lapses if no\ncontact with commissioner\n(1) This section applies if an applicant does not contact the commissioner\nwithin 6 months after the day the commissioner gives notice under\nsection 55 (Notice of repayment and recovery procedures to applicant\nfor funeral expense payment).\n(2) The commissioner must give the applicant notice that the application\nwill lapse under subsection (3) unless the applicant makes contact\nwith the commissioner within 6 months.\n\n(3) If the applicant does not make contact with the commissioner within\n6 months after notice is given under subsection (2), the application\nlapses.\n(4) If an application lapses under this section, an applicant may reapply\nfor a funeral expense payment under this part.\nNote See s 54 (Time for making application for funeral expense payment).\n","sortOrder":53},{"sectionNumber":"59","sectionType":"section","heading":"Application lapses on death of applicant for funeral","content":"59 Application lapses on death of applicant for funeral\nexpense payment\nIf an applicant for a funeral expense payment dies before the\napplication is finally decided, the application lapses.\n","sortOrder":54},{"sectionNumber":"60","sectionType":"section","heading":"Deciding application for funeral expense payment","content":"60 Deciding application for funeral expense payment\n(1) The commissioner must decide—\n(a) whether a funeral expense payment is payable; and\n(b) if the payment is payable—the amount of the funeral expense\npayment.\n(2) The following divisions apply to the commissioner when deciding an\napplication under section 52 (a funeral expense payment\napplication) as if a reference to an application for financial assistance\nin the divisions was a reference to a funeral expense payment\napplication:\n(a) division 3.5 (Commissioner may ask for information when\ndeciding applications for financial assistance);\n(b) division 3.6 (Deciding applications for financial assistance).\n(3) The commissioner must tell the applicant, by written notice, the\ncommissioner’s decision.\n\nFuneral expenses Part 4\n","sortOrder":55},{"sectionNumber":"61","sectionType":"section","heading":"How funeral expense payment may be given","content":"61 How funeral expense payment may be given\nIf the commissioner has decided the amount of a funeral expense\npayment that an applicant for the payment is entitled to receive, the\npayment may be given in any of the following ways:\n(a) as a single payment, or a series of payments, to the applicant;\n(b) as payment of an invoice for, or on behalf of, the applicant;\n(c) as a refund of expenditure incurred by, or on behalf of, the\napplicant.\n\n","sortOrder":56},{"sectionNumber":"Part 5","sectionType":"part","heading":"Repayment of financial","content":"Part 5 Repayment of financial\nassistance and funeral expenses\nby assisted person\n","sortOrder":57},{"sectionNumber":"62","sectionType":"section","heading":"Definitions—pt 5","content":"62 Definitions—pt 5\nrepayment amount, that applies to an assisted person who has\nreceived an associated payment, means the lesser of—\n(a) the amount of financial assistance and a funeral expense\npayment made to the assisted person; and\n(b) the amount of the associated payment, or any part of the\nassociated payment, that covers the same harm or loss as an\namount mentioned in paragraph (a) was intended to cover.\nrepayment arrangement notice means a notice under section 66\n(Repayment arrangement notice).\nrepayment direction notice means a notice under section 67\n(Repayment direction notice).\n","sortOrder":58},{"sectionNumber":"63","sectionType":"section","heading":"Suspension of financial assistance or funeral expense","content":"63 Suspension of financial assistance or funeral expense\npayment\n(a) a person (the applicant) has applied for financial assistance or a\nfuneral expense payment; and\n(b) the commissioner has decided the amount of—\n(i) financial assistance that the applicant is entitled to receive\nunder section 46 (Deciding amount of financial\nassistance); or\n\nRepayment of financial assistance and funeral expenses by assisted\n(ii) a funeral expense payment the applicant is entitled to\nreceive under section 60 (Deciding application for funeral\nexpense payment); and\n(c) the applicant is entitled to receive an associated payment in\nrelation to the act of violence that is the subject of the\napplication.\n(2) If the commissioner believes on reasonable grounds that the applicant\nis entitled to receive a payment that will amount to an associated\npayment once made, the commissioner may suspend payment of any\nfinancial assistance or funeral expense payment until after the\nassociated payment is made.\n(3) If the commissioner believes on reasonable grounds that, despite an\nentitlement to an associated payment, the payment is unlikely to be\nmade, the commissioner may decide not to suspend payment of any\nfinancial assistance or funeral expense payment.\n","sortOrder":59},{"sectionNumber":"64","sectionType":"section","heading":"Assisted person must notify commissioner about","content":"64 Assisted person must notify commissioner about\nassociated payment\n(1) This section applies if an assisted person receives an associated\npayment after any financial assistance or funeral expense payment is\nmade to the person.\n(2) The assisted person must tell the commissioner, in writing, about the\nassociated payment within 28 days after the day the associated\npayment is received.\n(3) An assisted person commits an offence if the person—\n(a) must, under subsection (2), tell the commissioner about an\nassociated payment; and\n(b) fails to tell the commissioner about the associated payment.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\n","sortOrder":60},{"sectionNumber":"65","sectionType":"section","heading":"Assisted person liable for repayment amount","content":"65 Assisted person liable for repayment amount\n(a) an assisted person receives an associated payment after\nreceiving financial assistance or a funeral expense payment; and\n(b) the assisted person—\n(i) is given a repayment direction notice; and\n(ii) does not, on or before the repayment date stated in the\nnotice, pay the repayment amount or apply for a review,\nunder section 67 (3) (b), of the repayment direction notice.\n(2) The assisted person is liable to pay to the Territory the repayment\namount that applies to the person.\n(3) The repayment amount is a debt due to the Territory, payable by the\nassisted person.\n","sortOrder":61},{"sectionNumber":"66","sectionType":"section","heading":"Repayment arrangement notice","content":"66 Repayment arrangement notice\n(1) As soon as practicable after receiving information under\nsection 64 (2) the commissioner must give the assisted person written\nnotice (a repayment arrangement notice) that includes the following\ninformation:\n(a) the amount that the assisted person received in financial\nassistance or a funeral expense payment;\n(b) the amount of the associated payment made to the assisted\nperson that covers the same harm or loss as any financial\nassistance or funeral expense payment mentioned in\nparagraph (a);\n(c) a statement of the repayment amount that applies to the assisted\nperson;\n\nRepayment of financial assistance and funeral expenses by assisted\n(d) a request for the assisted person to contact the commissioner to\narrange payment of, or vary, the repayment amount;\n(e) the commissioner’s contact details.\n(2) An assisted person who receives notice under subsection (1) must\ncontact the commissioner within 28 days after receiving the notice to\nenter an arrangement with the commissioner to do any of the\n(a) pay the repayment amount;\n(b) vary the repayment amount.\n(3) The commissioner must take into account the circumstances of the\nassisted person when deciding an arrangement for repayment or\nvariation of a repayment amount.\n","sortOrder":62},{"sectionNumber":"67","sectionType":"section","heading":"Repayment direction notice","content":"67 Repayment direction notice\n(a) the commissioner has given an assisted person a repayment\narrangement notice under section 66; and\n(b) the assisted person has not within 28 days after receiving the\nnotice—\n(i) made contact with the commissioner; or\n(ii) paid the repayment amount.\n(2) The commissioner must give the assisted person written notice (a\nrepayment direction notice) that includes the following information:\n(a) a statement of the amount that the assisted person received in\nfinancial assistance or a funeral expense payment;\n(b) a statement of the amount of the associated payment made to the\nassisted person that covers the same harm or loss as any\nfinancial assistance or funeral expense payment mentioned in\nparagraph (a);\n\n(c) a statement of the repayment amount that applies to the assisted\nperson;\n(d) a date (the repayment date) that is at least 28 days after the day\nthe repayment direction notice is given to the assisted person;\n(e) a statement that—\n(i) the person must pay the repayment amount on or before the\nrepayment date unless the person applies to the ACAT for\nreview of the repayment direction notice; and\n(ii) that the repayment amount is a debt due to the Territory,\npayable by the assisted person, unless the person on or\nbefore the repayment date either pays the repayment\namount or applies to the ACAT for review of the\nrepayment direction notice;\n(f) information about review of the repayment direction notice by\nthe ACAT.\n(3) An assisted person who is given notice under subsection (2) must, on\nor before the repayment date—\n(a) pay the commissioner the repayment amount; or\n(b) apply to the ACAT for review of the repayment direction notice.\n(4) An application for review under subsection (3) (b) stays the assisted\nperson’s liability to pay the repayment amount.\n(5) However, dismissal of the assisted person’s application for review\nremoves the stay of liability.\n","sortOrder":63},{"sectionNumber":"68","sectionType":"section","heading":"Death of assisted person before repayment made","content":"68 Death of assisted person before repayment made\nIf an assisted person who has been given a repayment arrangement\nnotice under section 66 dies before repaying all, or part, of the\nrepayment amount stated in the notice (the outstanding amount), the\ncommissioner must not seek to recover the outstanding amount from\nthe estate of the person.\n\n","sortOrder":64},{"sectionNumber":"69","sectionType":"section","heading":"Definitions—pt 6","content":"69 Definitions—pt 6\noffender means a person convicted or found guilty of a recompensed\noffence.\nrecompensed offence means—\n(a) an offence for which financial assistance has been received by a\n(b) an offence of murder, manslaughter or culpable driving that\nresults in the death of a primary victim whose funeral was the\nsubject of a funeral expenses payment.\nrecoverable amount, that applies to an offender, means the following:\n(a) if the recompensed offence is an offence mentioned in the\ndefinition of recompensed offence, paragraph (a)—the amount\nof financial assistance given to a person as a result of the\noffence;\n(b) if the recompensed offence is an offence mentioned in the\ndefinition of recompensed offence, paragraph (b)—the amount\nof a funeral expense payment for the funeral costs of a primary\nvictim of the offence.\nrecovery action, by the commissioner, means action under this part\nto recover a recoverable amount from an offender who is liable to pay\nthe amount.\nrecovery intention notice—see section 74.\nrecovery notice means a notice under section 77.\n\n","sortOrder":65},{"sectionNumber":"70","sectionType":"section","heading":"Offender liable to repay recoverable amount","content":"70 Offender liable to repay recoverable amount\n(a) an offender receives a recovery notice for a recoverable amount;\nand\n(b) does not, on or before the recovery date stated in the notice,\neither pay the recoverable amount or apply for a review of the\nrecovery notice under section 77 (3) (b).\n(2) The offender is liable to pay to the Territory a recoverable amount\nthat applies to the offender.\n(3) The recoverable amount is a debt due to the Territory, payable by the\noffender.\n","sortOrder":66},{"sectionNumber":"71","sectionType":"section","heading":"Commissioner must decide whether to take recovery","content":"71 Commissioner must decide whether to take recovery\naction etc\n(1) The commissioner must, as far as practicable, recover a recoverable\namount from an offender who is liable to pay the amount.\nExample\nThe commissioner does not consider recovery action in a particular case to carry a\nreasonable prospect of success because the offender is impecunious. It is not\npracticable for the commissioner to recover a recoverable amount from the\noffender.\n(2) If 2 or more offenders have been convicted or found guilty of a\nrecompensed offence, each of the offenders is jointly and severally\nliable under this part.\n(3) If 2 or more offenders have been convicted or found guilty of a\nrecompensed offence, the commissioner may apportion the amount\neach offender must pay to the Territory.\n\n(4) If the commissioner decides to recover a recoverable amount from an\noffender, the commissioner must decide whether the amount should\nbe reduced in accordance with subsection (5).\n(5) In deciding whether a recoverable amount should be reduced, the\ncommissioner must take into account the amount of any repayment\nby the assisted person under part 5 (Repayment of financial\nassistance and funeral expenses by assisted person).\n","sortOrder":67},{"sectionNumber":"72","sectionType":"section","heading":"Commissioner must assess risks associated with","content":"72 Commissioner must assess risks associated with\nrecovery action\nThe commissioner must not take, or continue, recovery action without\ntaking into account—\n(a) the objective risks to the safety of any person; and\n(b) the subjective concerns of an assisted person about the\ncommissioner’s contact with an offender or recovery action\ngenerally.\n","sortOrder":68},{"sectionNumber":"73","sectionType":"section","heading":"Commissioner must consult assisted person before","content":"73 Commissioner must consult assisted person before\ngiving recovery intention notice to offender\n(1) If the commissioner intends giving an offender a recovery intention\nnotice, the commissioner must tell each assisted person, to whom the\noffence that is the subject of the recovery notice relates, the following\nby written notice:\n(a) that the commissioner is taking recovery action;\n(b) that the commissioner will contact the offender to give the\noffender a recovery notice;\n(c) that the assisted person must, within 28 days after the day the\nnotice is given to the person (the consultation period), tell the\ncommissioner, in writing, whether the person has any concerns\nabout the commissioner contacting the offender or the action\ngenerally.\n\n(2) The commissioner must, after the end of the consultation period, take\ninto account the matters raised (if any) by an assisted person.\n","sortOrder":69},{"sectionNumber":"74","sectionType":"section","heading":"Recovery intention notice","content":"74 Recovery intention notice\n(1) This section applies if the commissioner—\n(a) has complied with section 73; and\n(b) is satisfied on reasonable grounds that, in all the circumstances,\nrecovery action is still practicable and appropriate.\n(2) The commissioner must, as soon as practicable, give the offender\nwritten notice (a recovery intention notice) of the commissioner’s\nintention to recover a recoverable amount from the offender.\n(3) A recovery intention notice must state the following:\n(a) that the offender has been convicted or found guilty of a\nrecompensed offence;\n(b) that a person has received financial assistance, or a funeral\nexpense payment, in relation to the offence;\n(c) that the offender is liable under this Act to pay the Territory a\nrecoverable amount for the offence, and that the commissioner\nintends giving the offender a recovery notice for the amount;\n(d) the recoverable amount;\n(e) that the offender may object to recovery action against the\noffender in accordance with subsections (3) and (4);\n(f) any other matter the commissioner considers relevant.\n(4) The offender may, within 28 days after the day the recovery intention\nnotice is given to the offender, object to recovery action against the\noffender on the grounds that—\n(a) the offender is not the person who is liable for the recoverable\namount; or\n\n(b) the commissioner has not taken into account that the offender\nhas made, or is required to make, a payment in relation to the\nrecompensed offence in accordance with a court order.\n(5) An objection under subsection (3) must be in writing and include any\nfacts relied on by the offender in support of the objection.\n","sortOrder":70},{"sectionNumber":"75","sectionType":"section","heading":"Commissioner may ask registrar for information relevant","content":"75 Commissioner may ask registrar for information relevant\nto recovery action\n(1) The commissioner may, at any time, ask a registrar for information\nthat is relevant to deciding whether to take, or continue, recovery\naction in relation to an offender.\n(2) Without limiting subsection (1), the commissioner may ask for\ninformation about any of the following:\n(a) the identity of a person charged with an offence before a court;\n(b) any matter that might reasonably assist the commissioner to\nwork out the whereabouts of a person charged, convicted or\nfound guilty;\n(c) particulars of the offence;\n(d) the identity of a victim of the offence;\n(e) the identity of a person convicted or found guilty of the offence;\n(f) a sentence imposed for the offence.\n(3) The registrar must give the information requested under\nsubsection (2) to the commissioner, unless the registrar is satisfied on\nreasonable grounds that giving the information is—\n(a) contrary to a law in force in the Territory; or\n(b) otherwise inappropriate.\n(4) The information may be given by allowing the commissioner access\nto electronic information maintained by the registrar.\n\n(5) If the commissioner accesses electronic information it may only be\nused in connection with the information requested under\nsubsection (2).\n(6) This section applies in addition to a provision of any other Act that\nprovides for information to be given by a registrar.\n","sortOrder":71},{"sectionNumber":"76","sectionType":"section","heading":"Commissioner must not give offender confidential","content":"76 Commissioner must not give offender confidential\ninformation\n(1) The commissioner must not, as far as practicable, in any recovery\naction, give confidential information about a person who has received\nfinancial assistance or a funeral expense payment to the offender\nconvicted or found guilty of the offence to which the assistance or\npayment relates.\nconfidential information, about an assisted person, includes the\nname, contact details, medical or psychological reports, counselling\nnotes or other identifying information about the assisted person.\n","sortOrder":72},{"sectionNumber":"77","sectionType":"section","heading":"Recovery notice","content":"77 Recovery notice\n(1) If the commissioner, after giving an offender a recovery intention\nnotice and taking into account any objection to the notice under\nsection 74 (4), is satisfied on reasonable grounds that, in all the\ncircumstances, recovery action from the offender is still practicable\nand appropriate, the commissioner must give the offender written\nnotice (a recovery notice) that includes the following information:\n(a) that the offender has been convicted or found guilty of a\nrecompensed offence;\n(b) that a person has received financial assistance, or a funeral\nexpense payment, in relation to the offence;\n\n(c) that the offender is liable under this Act to pay the Territory a\nrecoverable amount for the offence;\n(d) that the commissioner has taken into account any objection\nunder section 74 (4);\n(e) the recoverable amount;\n(f) a date (the recovery date) that is at least 28 days after the day\nthe recovery notice is given to the assisted person;\n(g) a statement that—\n(i) the offender must pay the recoverable amount on or before\nthe recovery date unless the person applies to the ACAT\nfor review of the recovery notice; and\n(ii) that the recoverable amount is a debt due to the Territory,\npayable by the offender, unless the person on or before the\nrepayment date either pays the recoverable amount or\napplies to the ACAT for review of the recovery notice;\n(h) information about review of the recovery notice by the ACAT.\n(2) However, a recovery notice for a recompensed offence must not be\ngiven to an offender more than 2 years after whichever of the\nfollowing happens last:\n(a) the date on which the offender is convicted or found guilty of\nthe recompensed offence;\n(b) the date on which—\n(i) for an offence mentioned in section 69, definition of\nrecompensed offence, paragraph (a)—financial assistance\nis given to a person for the recompensed offence; or\n(ii) for an offence mentioned in section 69, definition of\nrecompensed offence, paragraph (b)—a funeral expenses\npayment is made to a person for the funeral of the primary\nvictim.\n\n(3) An offender who is given a recovery notice under subsection (1)\nmust, on or before the recovery date—\n(a) pay the commissioner the recoverable amount; or\n(b) apply to the ACAT for review of the recovery notice.\n(4) An application for review under subsection (3) (b) stays the\noffender’s liability to pay the recoverable amount.\n(5) However, dismissal of the offender’s application for review removes\nthe stay of liability.\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Arrangement for payment of recoverable amount","content":"78 Arrangement for payment of recoverable amount\ngrounds that timely recovery under this part of a recoverable amount\nfor a recompensed offence is unlikely because of the financial\ncircumstances of the offender.\n(2) The commissioner may make an arrangement with the offender to—\n(a) pay the recoverable amount in instalments; or\n(b) pay an agreed amount (the agreed recoverable amount) as a\nlump sum or in instalments.\n(3) An arrangement under subsection (2) may include conditions that the\ncommissioner believes on reasonable grounds are appropriate for\nensuring timely recovery of the recoverable amount.\n(4) The offender’s payment of an agreed recoverable amount for a\nrelevant offence discharges the offender from liability to pay the\nrecoverable amount under section 77 (Recovery notice) for the\nrelevant offence.\n(5) However, an amount stated in an arrangement under subsection (2)\nis, to the extent that the amount is unpaid under the conditions of the\narrangement, a debt due to the Territory.\n\n","sortOrder":74},{"sectionNumber":"79","sectionType":"section","heading":"Commissioner may ask government agency for","content":"79 Commissioner may ask government agency for\noffender’s home address for recovery action\n(1) If the commissioner decides to take recovery action under this part\nthe commissioner may, at any time, ask a government agency for the\noffender’s home address.\n(2) If a government agency has the information requested under\nsubsection (1) the government agency must give the information to\nthe commissioner unless any other Act, or State or Commonwealth\nlaw, prevents the information being given.\n(3) In this section:\nagency, of the Commonwealth or a State—\n(a) means—\n(i) a government department, however described, of the\nCommonwealth or State; or\n(ii) a statutory office-holder of the Commonwealth or State; or\n(iii) any other entity established for a public purpose under a\nlaw of the Commonwealth or State; and\n(b) includes the staff of the agency.\n\ngovernment agency means any of the following:\n(a) an administrative unit;\n(b) a Commonwealth or State agency;\n(c) a territory authority;\n(d) a territory instrumentality;\n(e) a territory-owned corporation;\n(f) a statutory office-holder and the staff assisting the statutory\noffice-holder.\n\nVictims financial assistance levy Part 7\n","sortOrder":75},{"sectionNumber":"80","sectionType":"section","heading":"Meaning of offence—pt 7","content":"80 Meaning of offence—pt 7\n(1) In this part:\noffence means an offence dealt with by the Supreme Court, the\nMagistrates Court, or the Childrens Court but does not include—\n(a) an offence in relation to which a reparation order is made\nunder—\n(i) the Crimes (Sentencing) Act 2005; or\n(ii) the Crimes Act 1914 (Cwlth), section 21B; or\n(b) an offence in relation to which an infringement notice has been\nserved.\ninfringement notice includes an offence notice under the Drugs of\nDependence Act 1989.\nNote The Legislation Act, dictionary, pt 1 defines infringement notice as\nincluding an infringement notice under the Magistrates Court Act 1930\nor the Road Transport (General) Act 1999.\n","sortOrder":76},{"sectionNumber":"81","sectionType":"section","heading":"Meaning of convicted and convicts—pt 7","content":"81 Meaning of convicted and convicts—pt 7\n(1) For this part, a person is convicted of an offence if—\n(a) the person is convicted or found guilty of the offence; or\n(b) if the person is sentenced for another offence—the offence was\ntaken into account by a court when sentencing the person for the\nother offence; or\n(c) the person is charged with the offence and an order is made\nunder the Crimes Act 1914 (Cwlth), section 19B (1) in relation\nto the offence.\n\n(2) For this part, a court convicts a person if the court makes an order that\nresults in the person being convicted.\n","sortOrder":77},{"sectionNumber":"82","sectionType":"section","heading":"Imposition of victims financial assistance levy","content":"82 Imposition of victims financial assistance levy\n(1) A levy (the victims financial assistance levy) is imposed to provide\na source of revenue to contribute to the cost of providing financial\nassistance for victims of crime.\n(2) A person who is convicted of an offence is liable to pay the Territory\na victims financial assistance levy of $50.\nNote A victims financial assistance levy is recoverable under the Crimes\n(Sentence Administration) Act 2005, ch 6A (Court imposed fines).\n(3) The victims financial assistance levy is in addition to, and does not\nform part of, any pecuniary penalty imposed in relation to the offence.\n","sortOrder":78},{"sectionNumber":"83","sectionType":"section","heading":"Exemptions","content":"83 Exemptions\n(1) A court may direct that a person who is under 18 years of age is\nexempt from liability to pay the victims financial assistance levy.\n(2) A court that convicts a person of an offence (the first offence) may\ndirect that the person is exempt from liability to pay the victims\nfinancial assistance levy in relation to another offence (the other\noffence) if—\n(a) the conviction for the other offence occurs later on the same day\nas the first offence; or\n(b) the court has taken into account the other offence in passing\nsentence for the first offence.\n\nVictims financial assistance levy Part 7\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Effect of appeal etc","content":"84 Effect of appeal etc\n(1) The commencement of any proceedings to appeal against, or review\nof, a conviction for an offence for which a victims financial assistance\nlevy is imposed on a person stays the person’s liability to pay the levy.\n(2) Setting aside a conviction annuls the person’s liability to pay the\nvictims financial assistance levy.\n(3) Dismissal of the appeal or review removes the stay of liability.\n\n","sortOrder":80},{"sectionNumber":"85","sectionType":"section","heading":"Meaning of official—pt 8","content":"85 Meaning of official—pt 8\nofficial means a person who—\n(a) is or has been—\n(i) the commissioner; or\n(ii) a member of the staff of the commissioner; or\n(b) exercises, or has exercised, a function under this Act.\n","sortOrder":81},{"sectionNumber":"86","sectionType":"section","heading":"Functions of commissioner","content":"86 Functions of commissioner\n(1) The commissioner has the following functions under this Act:\n(a) to manage and administer the scheme for the provision of\nfinancial assistance to victims;\n(b) to receive applications for financial assistance and funeral\nexpense payment;\n(c) to decide applications for financial assistance and funeral\nexpense payment;\n(d) to pay amounts for financial assistance;\n(e) to pay amounts for funeral expense payment;\n(f) to administer repayment and recovery processes in relation to\nfinancial assistance and funeral expense payment;\n(g) to review certain decisions.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n\nAdministration Part 8\n(2) The functions of the commissioner under this Act are additional to\nthe functions of the commissioner under the Victims of Crime\nAct 1994, section 11.\n","sortOrder":82},{"sectionNumber":"87","sectionType":"section","heading":"Commissioner’s guidelines","content":"87 Commissioner’s guidelines\n(1) The commissioner may make guidelines (the commissioner’s\nguidelines) for—\n(a) the operation of the financial assistance scheme established\nunder this Act; and\n(b) the non-government agencies that are appropriately qualified for\nreporting under section 31 (Application to commissioner).\n(2) The commissioner’s guidelines are notifiable instruments.\n","sortOrder":83},{"sectionNumber":"88","sectionType":"section","heading":"Protection of officials from liability","content":"88 Protection of officials from liability\n(1) An official is not personally liable for anything done or omitted to be\ndone honestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) Any liability that would, apart from this section, attach to an official\nattaches instead to the Territory.\nmade or in force under the Act, including any regulation or guidelines\n(see Legislation Act, s 104).\n","sortOrder":84},{"sectionNumber":"89","sectionType":"section","heading":"Secrecy","content":"89 Secrecy\n(1) An official commits an offence if—\n(a) the official—\n(i) makes a record of protected information about someone\nelse; and\n\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the official—\n(i) does something that divulges protected information about\nsomeone else; and\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) Subsection (1) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another law applying in the Territory; or\n(b) in relation to the exercise of a function as an official under this\nAct or another law applying in the Territory.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) Subsection (1) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An official need not divulge protected information to a court, or\nproduce a document containing protected information to a court,\nunless it is necessary to do so for this Act or another law applying in\nthe Territory.\nNote See also s 95A (Application material not admissible in certain court\nproceedings).\n\nAdministration Part 8\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, an official because of the exercise of a\nfunction under this Act by the official or someone else.\n\nPart 9 Notification and review of decisions\nPart 9 Notification and review of\ndecisions\n90 Definitions—pt 9\ninternally reviewable decision means a decision mentioned in\nschedule 2, part 2.1, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision means a decision mentioned in schedule 2,\npart 2.2, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":85},{"sectionNumber":"91","sectionType":"section","heading":"Internal review notices","content":"91 Internal review notices\nIf the commissioner or a delegate of the commissioner makes an\ninternally reviewable decision, the commissioner or the delegate of\nthe commissioner must give an internal review notice only to each\nentity mentioned in schedule 2, part 2.1, column 4 in relation to the\n","sortOrder":86},{"sectionNumber":"92","sectionType":"section","heading":"Applications for reconsideration","content":"92 Applications for reconsideration\n(1) An entity mentioned in schedule 2, part 2.1, column 4 in relation to\nan internally reviewable decision may apply to the commissioner for\nreconsideration of the decision.\n(2) The application must be made within 28 days after the day the notice\nof decision is given to the entity.\n(3) The application must be in writing and must set out the grounds on\nwhich reconsideration of the decision is sought.\n\nNotification and review of decisions Part 9\n(4) If the application is made in accordance with this section, the making\nof the application automatically stays the operation of the decision\nuntil the application is finally dealt with.\n","sortOrder":87},{"sectionNumber":"93","sectionType":"section","heading":"Reconsideration of decisions","content":"93 Reconsideration of decisions\n(1) As soon as practicable after receiving an application for\nreconsideration of a decision (the first decision), the commissioner\nmust—\n(a) appoint a person or entity (the appointed reviewer) to review the\nfirst decision; or\n(b) review the first decision.\n(2) Within 30 days after the day the commissioner or the appointed\nreviewer receives the application for reconsideration, the\ncommissioner or the appointed reviewer must—\n(a) reconsider the first decision; and\n(b) confirm, vary or set aside the decision.\n","sortOrder":88},{"sectionNumber":"94","sectionType":"section","heading":"Reviewable decision notice","content":"94 Reviewable decision notice\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 2,\npart 2.2, column 4 in relation to the decision.\n","sortOrder":89},{"sectionNumber":"95","sectionType":"section","heading":"Applications for review","content":"95 Applications for review\nAn entity mentioned in schedule 2, part 2.2, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\n\n","sortOrder":90},{"sectionNumber":"95A","sectionType":"section","heading":"Application material not admissible in certain court","content":"95A Application material not admissible in certain court\nproceedings\n(1) Application material, or information about its contents, is not\nadmissible in evidence in a court proceeding.\n(2) No-one may be compelled, in or in relation to a court proceeding—\n(a) to produce a document that is application material; or\n(b) to disclose application material or information about its\ncontents.\n(3) However, this section does not apply to a court proceeding—\n(a) under or in relation to this Act; or\n(b) for an offence that involves dishonesty in which the application\nmaterial is a fact in issue; or\n(c) related to a proceeding mentioned in paragraph (a) or (b).\n(4) In this section:\napplication material means—\n(a) an application—\n(i) for financial assistance; or\n(ii) under section 49 to vary an amount of financial assistance;\nor\n(iii) under section 52 for a funeral expense payment; or\n(b) a document accompanying the application; or\n(c) any other document given to an official about the application\n(whether or not given by the applicant); or\n\nMiscellaneous Part 10\n(d) an oral communication made to an official about the application\n(whether or not made by the applicant); or\n(e) a document prepared by an official in relation to the application.\nofficial—see section 85.\n","sortOrder":91},{"sectionNumber":"96","sectionType":"section","heading":"Limitation on lawyers legal costs","content":"96 Limitation on lawyers legal costs\n(1) A lawyer must not charge or seek to recover legal costs that are higher\nthan the amount prescribed by regulation for the following:\n(a) legal services that relate to an application for financial\nassistance;\n(b) legal services that relate to an appeal or review process under\nthis Act.\nlegal costs—see the Legal Profession Act 2006, dictionary.\nlegal services—see the Legal Profession Act 2006, dictionary.\n","sortOrder":92},{"sectionNumber":"97","sectionType":"section","heading":"WPI indexation of lawyers legal costs","content":"97 WPI indexation of lawyers legal costs\n(1) An amount prescribed by regulation under section 96 must be\namended each year in line with variations in the WPI that happen after\nthe commencement of the regulation in which the amount is\nprescribed.\n(2) However, if an amount required to be adjusted in accordance with\nsubsection (1) would be reduced because of a reduction in the WPI (a\nnegative adjustment), the amount must not be amended in line with\nthe negative adjustment.\n(3) An amount that, in accordance with subsection (2), is not reduced\nmay be increased in line with an adjustment in the WPI that would\nincrease the amount only to the extent that the increase, or part of the\nincrease, is not one that would cancel out the effect of the negative\nadjustment.\n\n(4) Subsection (3) does not apply to a negative adjustment once the effect\nof the negative adjustment has been offset against an increase in line\nwith an adjustment in the WPI.\nExample—adjustments\nAn amount prescribed by regulation is $100. There is a 20% increase in the WPI\nafter the section commences. The amount prescribed becomes $120 ($100 + 20%).\nThere is then a 10% drop in the WPI. The amount does not change from $120\n(although if it had changed it would be $108).\nThere is a 20% increase in the WPI. The 20% increase is not to the $120, but to the\n$108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount\n($120) increased by so much of the 20% increase that did not cancel out the effect\nof the adjustment down to $108.\nWPI means the Wage Price Index, Australia issued by the Australian\nstatistician.\n","sortOrder":93},{"sectionNumber":"98","sectionType":"section","heading":"Applications for financial assistance in relation to","content":"98 Applications for financial assistance in relation to\ncriminal injuries before commencement of this Act\n(1) This section applies if, immediately before 1 July 2016, a person was\nentitled to make an application in relation to a criminal injury under\nthe Victims of Crime (Financial Assistance) Act 1983 (repealed),\nsection 27 (Application for financial assistance).\nNote The Victims of Crime (Financial Assistance) Act 1983 was repealed, and\nthis Act commenced, on 1 July 2016.\n(2) The person may apply for financial assistance under this Act as if the\nconduct that resulted in the criminal injury had occurred on or after\nNote Time limits apply for making an application for financial assistance (see\ns 32).\n\nMiscellaneous Part 10\n(3) However, subsection (2) does not apply if the person has received\nfinancial assistance in relation to the criminal injury under—\n(a) the Victims of Crime (Financial Assistance) Act 1983 (repealed);\nor\n(b) this Act, in accordance with expired section 203.\n(4) Any right of the person to make an application, on or after the\ncommencement day, for financial assistance in accordance with\nexpired section 203 is extinguished.\nNote Expired section 203 was a transitional provision that allowed applications\nthat could have been made under the Victims of Crime (Financial\nAssistance) Act 1983 to be made under this Act despite the former Act’s\nrepeal.\n(5) Subsection (4) does not affect the person’s right to receive financial\nassistance under expired section 203 for an application made under\nthat section, but not decided by the commissioner, before the\ncommencement day.\n(6) In this section:\ncommencement day means the day the Victims of Crime (Financial\nAssistance) Amendment Act 2024, section 15 commences.\nexpired section 203 means section 203, as in force immediately\nbefore 1 July 2021.\n","sortOrder":94},{"sectionNumber":"99","sectionType":"section","heading":"Determination of fees","content":"99 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\n","sortOrder":95},{"sectionNumber":"100","sectionType":"section","heading":"Approved forms","content":"100 Approved forms\n(1) The commissioner may approve forms for this Act.\n(2) If the commissioner approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":96},{"sectionNumber":"101","sectionType":"section","heading":"Regulation-making power","content":"101 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 10 penalty units for the offences.\n\nOffences—act of violence Schedule 1\nDefinitions Part 1.1\nSection 1.1\n(see s 7)\n","sortOrder":97},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Definitions","content":"Part 1.1 Definitions\n1.1 Definitions—sch 1\nIn this schedule:\nCrimes Act means the Crimes Act 1900.\nFamily Violence Act means the Family Violence Act 2016.\nFirearms Act means the Firearms Act 1996.\nPublic Order Act means the Public Order (Protection of Persons and\nProperty) Act 1971 (Cwlth).\nRT (S and TM) Act means the Road Transport (Safety and Traffic\nManagement) Act 1999.\n\nDivision 1.2.1 General offences\nDivision 1.2.1 General offences\nitem\n1 Crimes Act an offence\nagainst pt 2\noffences against the person\n","sortOrder":98},{"sectionNumber":"2","sectionType":"section","heading":"Crimes Act an offence","content":"2 Crimes Act an offence\nagainst pt 3\nsexual offences\n3 Crimes Act an offence\nagainst pt\n3A\nintimate image abuse\n4 Crimes Act an offence\nagainst pt 4\nfemale genital mutilation\n5 Crimes Act an offence\nagainst pt 5\nsexual servitude\n6 Criminal Code 309 robbery\n7 Criminal Code 310 aggravated robbery\nDivision 1.2.2 Family violence offences\nitem\n1 Crimes Act 116 destroying or damaging property\n2 Crimes Act 117 arson\n3 Crimes Act 151 forcible entry on land\n4 Crimes Act 154 (1) trespass on government premises\n5 Crimes Act 154 (2) (a) engage in unreasonable obstruction etc in\nrelation to the use of government premises\n\nOffences—act of violence Schedule 1\nOffences Part 1.2\nFamily violence offences Division 1.2.2\nitem\n6 Crimes Act 154 (2) (b) behave in an offensive or disorderly\nmanner while in or on government\npremises\n7 Crimes Act 154 (2) (c) refuse or neglect to leave government\npremises when directed\n8 Crimes Act 380 possession of offensive weapons and\ndisabling substances\n9 Crimes Act 381 possession of offensive weapons and\ndisabling substances with intent\n10 Crimes Act 392 offensive behaviour\n11 Criminal Code 311 burglary\n12 Criminal Code 316 going equipped with offensive weapon for\ntheft etc\n13 Criminal Code 403 damaging property\n14 Criminal Code 404 arson\n15 Criminal Code 405 causing bushfires\n16 Criminal Code 406 threat to cause property damage—fear of\ndeath or serious harm\n17 Criminal Code 407 threat to cause property damage\n18 Criminal Code 408 possession of thing with intent to damage\nproperty\n19 Family Violence\nAct\n43 contravention of family violence order\n20 Firearms Act 177 unregistered firearms\n21 Firearms Act 221 discharge of firearms or possession\nendangering life\n22 Public Order Act 11 offences on premises in a territory\n23 RT (S and TM) Act 6 (1) negligent driving\n\nDivision 1.2.2 Family violence offences\nitem\n24 RT (S and TM) Act 7 (1) furious, reckless or dangerous driving\n25 RT (S and TM) Act 8 (1) or (2) menacing driving\n\nReviewable decisions Schedule 2\nInternally reviewable decisions Part 2.1\n","sortOrder":99},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 2 Reviewable decisions\n(see pt 9)\n","sortOrder":100},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Internally reviewable decisions","content":"Part 2.1 Internally reviewable decisions\nitem\nsection\nentity\n1 32 not to extend time for making\napplication\napplicant for extension of time\n2 46 amount of financial assistance applicant for financial assistance\n3 47 amount of reduction of\n4 50 variation of amount of\napplicant for variation\n5 63 suspension of financial\n6 71 (3) deciding amount payable by\n2 or more offenders\noffender required to pay amount\ndecided\n\nSchedule 2 Reviewable decisions\nPart 2.2 Reviewable decisions\nPart 2.2 Reviewable decisions\nitem\nsection\nentity\n1 32 not to extend time for making\napplication\napplicant for extension of time\n2 44 deciding whether applications\nfor financial assistance\ninvolve related acts of\n3 45 financial assistance not to be\ngiven\n4 46 amount of financial assistance applicant for financial assistance\n5 47 amount of reduction of\n6 50 variation of amount of\napplicant for variation\n7 63 suspension of financial\n8 67 requirement to repay financial\nperson who received financial\n9 71 (3) deciding amount payable by\n2 or more offenders\noffender required to pay amount\ndecided\n10 77 requirement to pay, and\namount of, recoverable\namount\noffender who received recovery\nnotice\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• child\n• Criminal Code\n• director-general (see s 163)\n• domestic partner (see s 169 (1))\n• found guilty\n• health practitioner\n• home address\n• human rights commission\n• Minister (see s 162)\n• parent\n• penalty unit (see s 133)\n• proceeding\n• public servant\n• public trustee and guardian\n• registrar\n• territory law\n• the Territory.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\n\nact of violence—see section 7.\napplication for financial assistance means an application to the\ncommissioner under section 31.\nassisted person means a person who receives financial assistance\nunder part 3 (Financial assistance) or a funeral expense payment\nunder part 4 (Funeral expenses).\nassociated payment to a person (the applicant) who has received, or\nis eligible to receive, financial assistance or a funeral expenses\n(a) means an amount, other than an amount received under this Act,\nthat has been paid to the applicant (or to another person for the\napplicant) as a result of an act of violence that is the subject of\nthe applicant’s application for any financial assistance or funeral\nexpense; and\n(b) includes any of the following to the extent that they relate to the\nact of violence that is the subject of the application:\n(i) an award of damages in a civil proceeding;\n(ii) a payment under a workers’ compensation law;\n(iii) an insurance payment;\n(iv) a payment made under a reparation order under the Crimes\n(Sentencing) Act 2005.\nclass A related victim—see section 13.\nclass B related victim—see section 14.\nclass C related victim—see section 15.\nclose family member, of a primary victim—see section 17.\ncommissioner—see the Victims of Crime Act 1994, dictionary.\ncommissioner’s guidelines—see section 87.\nconduct includes related conduct.\n\ncontact with the commissioner includes contact with—\n(a) a member of the staff of the commissioner; or\n(b) a delegate of the commissioner.\nconvicted, for part 7 (Victims financial assistance levy)—see\nsection 81.\nconvicts, for part 7 (Victims financial assistance levy)—see\nsection 81.\nCrimes Act, for schedule 1 (Offences—act of violence)—see\ndependant, of a primary victim, means—\n(a) a person who is wholly or partly dependent for economic\nsupport on the primary victim at the time of the primary victim’s\ndeath; or\n(b) a person who would have been wholly or partly dependent for\neconomic support on the primary victim’s income at the time of\nthe primary victim’s death but for the incapacity of the primary\nvictim because of the act of violence that resulted in the death;\nor\n(c) a child of the primary victim born after the primary victim’s\ndeath who would have been a dependant of the primary victim\nunder paragraph (a) or (b) if the child had been born before the\ndeath.\neconomic loss payment means a financial payment under section 27.\nFamily Violence Act, for schedule 1 (Offences—act of violence)—\nsee schedule 1, section 1.1.\nfinancial assistance means any of the following:\n(a) an economic loss payment;\n(b) an immediate need payment;\n\nfinancially independent, of a primary victim, means a person who is\nnot dependant on the primary victim at the time of the primary\nvictim’s death.\nFirearms Act, for schedule 1 (Offences—act of violence)—see\nfuneral expense payment means a financial payment under\npart 4 (Funeral expenses).\nhomicide—see section 10.\nhomicide witness, in relation to a homicide—see section 16.\nimmediate need payment means a financial payment under\nsection 26.\ninjury—see section 9.\ninternally reviewable decision, for part 9 (Notification and review of\ndecisions)—see section 90.\ninternal review notice, for part 9 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nintimate partner—see the Family Violence Act 2016, section 10.\nmental disorder—see the Mental Health Act 2015, dictionary.\nmental illness—see the Mental Health Act 2015, dictionary.\noffence, for part 7 (Victims financial assistance levy)—see\nsection 80.\noffence against the person means an offence against a provision\nmentioned in schedule 1 (Offences—act of violence), division 1.2.1\n(General offences), column 3, item 1, 6, or 7.\noffender, for part 6 (Recovery from offender)—see section 69.\noffensive weapon—see the Crimes Act 1900, dictionary.\nofficial, for part 8 (Administration)—see section 85.\n\nprimary victim—see section 11.\nPublic Order Act, for schedule 1 (Offences—act of violence)—see\nrecognition payment means a financial payment under—\n(a) for a primary victim—section 28; or\n(b) for a class A related victim—section 29; or\n(c) for a class B related victim—section 30.\nrecompensed offence, for part 6 (Recovery from offender)—see\nsection 69.\nrecoverable amount, that applies to an offender, for part 6 (Recovery\nfrom offender)—see section 69.\nrecovery action, by the commissioner, for part 6 (Recovery from\noffender)—see section 69.\nrecovery intention notice, for part 6 (Recovery from offender)—see\nsection 74.\nrecovery notice, for part 6 (Recovery from offender)—see section 69.\nrelated victim—see section 12.\nrelative, of a person, means—\n(a) means the person’s—\n(i) father, mother, grandfather, grandmother, stepfather,\nstepmother, father-in-law or mother-in-law; or\n(ii) son, daughter, grandson, granddaughter, stepson,\nstepdaughter, son-in-law or daughter-in-law; or\n(iii) brother, sister, half-brother, half-sister, stepbrother,\nstepsister, brother-in-law or sister-in-law; or\n(iv) uncle, aunt, uncle-in-law or aunt-in-law; or\n(v) nephew, niece or cousin; and\n\n(b) if the person has or had a domestic partner (other than a spouse\nor civil union partner)—includes someone who would have been\na relative mentioned in paragraph (a) if the person had been\nmarried to or in a civil union with the domestic partner; and\nNote For the meaning of domestic partner, see the Legislation Act,\ns 169.\nFor ACT law, a person acquires relatives through civil union in the\nsame way as they acquire them through marriage (see Civil Unions\nAct 2012, s 6 (2)).\n(c) includes—\n(i) someone who has been a relative mentioned in\nparagraph (a) or (b) of the person; and\n(ii) if the person is an Aboriginal or Torres Strait Islander\nperson, the following people:\n(A) someone the person has responsibility for, or an\ninterest in, in accordance with the traditions and\ncustoms of the person’s Aboriginal or Torres Strait\nIslander community;\n(B) someone who has responsibility for, or an interest in,\nthe person in accordance with the traditions and\ncustoms of the person’s Aboriginal or Torres Strait\nIslander community; and\n(iii) someone regarded and treated by the person as a relative;\nand\n(iv) anyone else who could reasonably be considered to be, or\nhave been, a relative of the person.\nrelevant person, in relation to a person (the original person) means—\n(a) a domestic partner or former domestic partner of the original\nNote A domestic partner need not be an adult (see Legislation Act,\ns 169).\n\n(b) an intimate partner or former intimate partner of the original\n(c) a relative of the original person; or\n(d) a child of a domestic partner or former domestic partner of the\noriginal person; or\n(e) a parent of a child of the original person.\nrepayment amount, that applies to an assisted person who has\nreceived an associated payment, for part 5 (Repayment of financial\nrepayment arrangement notice, for part 5 (Repayment of financial\nrepayment direction notice, for part 5 (Repayment of financial\nreviewable decision, for part 9 (Notification and review of\ndecisions)—see section 90.\nRT (S and TM) Act, for schedule 1 (Offences—act of violence)—see\nschedule 1 offence means—\n(a) an offence against a provision mentioned in an item in\nschedule 1 (Offences—act of violence), division 1.2.1 (General\noffences), column 3 of an Act mentioned in the item, column 2;\nand\n(b) if the victim of an offence is a relevant person in relation to the\nperson who carried out the offence—an offence against a\nprovision mentioned in an item in schedule 1 (Offences—act of\nviolence), division 1.2.2 (Family violence offences), column 3\nof an Act mentioned in the item, column 2.\nsexual offence means an offence against a provision mentioned in\nschedule 1 (Offences—act of violence), division 1.2.1 (General\noffences), column 3, item 2, 4 or 5.\n\nvictims services scheme means the victims service scheme\nestablished under the Victims of Crime Act 1994, section 19.\nworkers’ compensation law means the Workers Compensation\nAct 1951, or any other law applying in the ACT that provides for the\npayment of compensation for injuries arising out of or in the course\nof employment.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\n3 Legislation history\n3 Legislation history\nVictims of Crime (Financial Assistance) Act 2016 A2016-12\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nremainder commenced 1 July 2016 (s 2 (1) (a))\nas amended by\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.21\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.21 commenced 1 July 2016 (LA s 79A and see A2016-12\ns 2 (1) (a))\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.21 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.21 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.25\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.25 commenced 14 November 2019 (s 2 (1))\nCrimes Legislation Amendment Act 2023 A2023-33 sch 2 pt 2.8\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 2 pt 2.8 commenced 13 September 2023 (s 2)\n\nLegislation history 3\nJustice (Age of Criminal Responsibility) Legislation Amendment\nAct 2023 A2023-45 pt 11\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\npt 11 commenced 22 November 2023 (s 2 (1))\nVictims of Crime (Financial Assistance) Amendment Act 2024\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\ns 6, s 7, s 11, s 13, s 14, s 16 commenced 20 June 2024 (s 2 (1))\nremainder commenced 1 July 2025 (s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.100, sch 4\npt 4.189\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.100, sch 4 pt 4.189 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nMeaning of act of violence\ns 7 am A2024-28 s 4\nMeaning of circumstance of aggravation for an offence\ns 8 om A2024-28 s 5\nMeaning of injury\ns 9 am A2016-42 amdt 3.93\nMeaning of homicide\ns 10 am A2023-45 s 145\nMeaning of class A related victim\ns 13 am A2016-42 amdt 3.94\nMeaning of class B related victim\ns 14 am A2016-42 amdt 3.95; A2024-28 s 6\nMeaning of class C related victim\ns 15 am A2024-28 s 7\nRecognition payment for primary victim\ns 28 am A2024-28 s 8\nApplication to commissioner\ns 31 am A2023-45 s 146, s 147; ss renum R7 LA; A2025-29\namdt 4.192\nWithdrawal of application\ns 34 am A2025-29 amdt 4.192\nAmendment of application before commissioner’s decision\ns 35 am A2025-29 amdt 4.192\nPower to ask for further information\ns 38 am A2016-42 amdt 3.96\nDeciding matters relevant to application for financial assistance generally\ns 43 am A2024-28 s 9\nDeciding whether applications involve related acts of violence\ns 44 am A2024-28 s 10\nCircumstances in which financial assistance must not be given\ns 45 am A2024-28 s 11\nDeciding amount of financial assistance\ns 46 am A2024-28 s 12; pars renum R9 LA\n\nAmendment history 4\nHow financial assistance may be given\ns 48 am A2016-37 amdt 1.42\nApplication to vary amount of financial assistance previously received\ns 49 am A2025-29 amdt 4.192\nApplication for funeral expense payment\ns 52 am A2025-29 amdt 4.192\nWithdrawal of application for funeral expense payment\ns 56 am A2025-29 amdt 4.192\nAmendment of application before commissioner’s decision for funeral\nexpense payment\ns 57 am A2025-29 amdt 4.192\nAssisted person must notify commissioner about associated payment\ns 64 am A2025-29 amdt 4.192\nRepayment arrangement notice\ns 66 am A2025-29 amdt 4.192\nRepayment direction notice\ns 67 am A2025-29 amdt 4.192\nCommissioner must consult assisted person before giving recovery\nintention notice to offender\ns 73 am A2025-29 amdt 4.192\nRecovery intention notice\ns 74 am A2025-29 amdt 4.192\nRecovery notice\ns 77 am A2025-29 amdt 4.192\nCommissioner’s guidelines\ns 87 am A2025-29 amdt 4.192\nSecrecy\ns 89 am A2024-28 s 13\nInternal review notices\ns 91 am A2025-29 amdt 4.192\nApplications for reconsideration\ns 92 am A2025-29 amdt 4.192\nReviewable decision notice\ns 94 am A2025-29 amdt 4.192\nApplications for review\ns 95 am A2025-29 amdt 4.192\nApplication material not admissible in certain court proceedings\ns 95A ins A2024-28 s 14\n\nApplications for financial assistance in relation to criminal injuries before\ncommencement of this Act\ns 98 exp 1 July 2020 (s 98 (3))\nins A2024-28 s 15\nDetermination of fees\ns 99 am A2025-29 amdt 4.192\nApproved forms\ns 100 am A2025-29 amdt 4.192\nRegulation-making power\ns 101 am A2025-29 amdt 4.192\nRepeals and consequential amendments\npt 11 hdg om LA s 89 (3)\nLegislation repealed\ns 102 om LA s 89 (3)\nLegislation amended––sch 3\ns 103 om LA s 89 (3)\nTransitional\npt 20 hdg exp 1 July 2021 (s 205)\nDefinitions—pt 20\ns 200 exp 1 July 2021 (s 205)\ndef assisted person exp 1 July 2021 (s 205)\ndef commencement day exp 1 July 2021 (s 205)\ndef final award exp 1 July 2021 (s 205)\ndef liability exp 1 July 2021 (s 205)\ndef penalty exp 1 July 2021 (s 205)\ndef privilege exp 1 July 2021 (s 205)\ndef related crime exp 1 July 2021 (s 205)\ndef repealed Act exp 1 July 2021 (s 205)\ndef right exp 1 July 2021 (s 205)\nApplication for financial assistance commenced but not finalised under\nrepealed Act, and later action\ns 201 exp 1 July 2021 (s 205)\nApplication for financial assistance not commenced under repealed Act may\nbe made within 12 months after commencement day, and later action\ns 202 exp 1 July 2021 (s 205)\nApplication for financial assistance under repealed Act not made within\n12 months after commencement day may be made under this Act\ns 203 exp 1 July 2021 (s 205)\nTransitional regulations\ns 204 exp 1 July 2021 (s 205)\n\nAmendment history 4\nExpiry—pt 20\ns 205 exp 1 July 2021 (s 205)\nOffences—act of violence\nsch 1 am A2016-42 amdts 3.97-3.100; A2025-29 amdt 3.358\nGeneral offences\nsch 1 div 1.2.1 am A2024-28 s 16; items renum R8 LA\nConsequential amendments\nsch 3 om LA s 89 (3)\ndict am A2016-37 amdt 1.43; A2016-42 amdt 3.101\ndef Aboriginal or Torres Strait Islander person ins\nA2016-42 amdt 3.102\ndef circumstance of aggravation om A2024-28 s 17\ndef Criminal Code om A2025-29 amdt 3.359\ndef Domestic Violence Act om A2016-42 amdt 3.103\ndef Family Violence Act ins A2016-42 amdt 3.104\ndef intimate partner ins A2016-42 amdt 3.104\ndef relative ins A2016-42 amdt 3.104\ndef relevant person sub A2016-42 amdt 3.105\ndef relevant relationship om A2016-42 amdt 3.106\ndef repayment amount am A2023-33 amdt 2.34\ndef schedule 1 offence am A2019-42 amdt 3.107\ndef very serious injury am A2019-42 amdt 3.108\nom A2024-28 s 17\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n1 July 2016–\n30 Apr 2017\nA2016-37 new Act and\namendments by\nA2016-37\n1 May 2017–\n13 Nov 2019\nA2017-10 amendments by\nA2016-42 as\namended by\nA2017-10\n14 Nov 2019\n14 Nov 2019–\nA2019-42 amendments by\nA2019-42\n2 July 2020–\nA2019-42 expiry of provision\n(s 98)\n2 July 2021–\n12 Sept 2023\nA2019-42 expiry of\ntransitional\nprovisions (pt 20)\n13 Sept 2023\n13 Sept 2023–\n21 Nov 2023\nA2023-33 amendments by\nA2023-33\n22 Nov 2023\n22 Nov 2023–\nA2023-45 amendments by\nA2023-45\n20 June 2024–\nA2024-28 amendments by\n1 July 2025–\n25 Nov 2025\nA2024-28 amendments by\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":101}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2402},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing financial assistance to victims of violent crime in the ACT. Amendments since 2016 have been technical or incremental, such as adding new offence types (e.g., intimate image abuse) to Schedule 1, updating references to the Family Violence Act 2016, and refining procedural requirements for applications and recovery. The core scheme—eligibility categories, payment types, and recovery mechanisms—has not significantly expanded beyond the original framework established in 2016."},"complexity_factors":["Approximately 50 defined terms in the Dictionary and Part 2, including nested definitions (e.g., 'relative' includes customary Aboriginal kinship relationships)","Multiple victim classifications (primary, Class A/B/C related victims, homicide witnesses) with varying eligibility for different payment types","Extensive cross-referencing to other legislation including the Criminal Code, Family Violence Act 2016, Crimes Act 1900, and Victims of Crime Act 1994","Conditional repayment logic (Part 5) requiring identification of 'associated payments' from sources like insurance or civil damages","Dual recovery pathways: repayment from assisted persons (Part 5) and recovery from offenders (Part 6), each with distinct procedural steps and notification requirements","Indexation provisions requiring CPI adjustments for payment caps (s 25) and WPI adjustments for legal fees (s 97), including complex 'negative adjustment' calculations","Schedule 1 lists specific qualifying offences across multiple Acts, divided between general offences and family violence offences"],"plain_english_summary":"This Act establishes the ACT’s **financial assistance scheme for victims of violent crime**. It provides a way for people harmed by violence to receive government payments to help with recovery, regardless of whether the offender is caught or convicted.\n\n### Who it covers\nThe Act recognises different types of victims:\n*   **Primary victims** – people directly injured or killed by an act of violence.\n*   **Related victims** – family members of a deceased primary victim, divided into three classes based on financial dependency and relationship closeness:\n    *   **Class A**: Dependants who are close family (parents, children, domestic partners) or intimate partners.\n    *   **Class B**: Financially independent close family or intimate partners.\n    *   **Class C**: Financially independent siblings (including step and half-siblings) and, for Aboriginal and Torres Strait Islander victims, people regarded as siblings under traditional customs.\n*   **Homicide witnesses** – people injured by witnessing a homicide or participating in the investigation.\n\n### What payments are available\n*   **Immediate need payments** – for urgent expenses like medical care, safety measures, or counselling to prevent further harm.\n*   **Economic loss payments** – to cover lost income or other financial losses caused by the violence.\n*   **Recognition payments** – lump sums to acknowledge psychological trauma (available to primary victims and Class A/B related victims, but not Class C).\n*   **Funeral expense payments** – to cover reasonable funeral costs when a primary victim dies from homicide.\n\nMaximum amounts are set in regulations and adjusted annually for inflation (CPI).\n\n### How it works\nVictims apply to the **Commissioner for Victims of Crime** within 3 years (with possible extensions for children or exceptional circumstances). The Commissioner can request information from police, courts, and health practitioners to decide the claim. Applications can be withdrawn or amended, and decisions can be reviewed internally or by the ACT Civil and Administrative Tribunal (ACAT).\n\n### Repayment and recovery\n*   **From victims**: If a victim later receives other compensation for the same harm (e.g., insurance, workers’ compensation, or court damages), they must repay the government assistance, up to the amount of the other payment.\n*   **From offenders**: The Commissioner can recover the assistance money from convicted offenders. Before doing so, the Commissioner must consult the victim and consider safety risks.\n\n### Funding the scheme\nA **$50 levy** is imposed on anyone convicted of an offence in an ACT court (with exemptions for children and some same-day multiple offences). This levy helps fund the scheme.\n\n### Protections\n*   **Privacy**: Officials must keep victims’ information confidential. Application materials generally cannot be used as evidence in court (except for proceedings under this Act or for dishonesty offences).\n*   **Legal costs**: Lawyers cannot charge excessive fees for helping with these applications—fees are capped and indexed to wage growth."},"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The statutory scope has been altered since the original enactment by later amendments recorded in the Act’s amendment history (endnotes 3–4). Key changes noted in the source include amendments to the definition of ‘‘act of violence’’ (s7 amended by A2024‑28 s4), to the definitions of related victim classes (ss13–15 amended by A2016‑42 and A2024‑28 s6–7), and amendments to recognition payments (s28 am A2024‑28 s8). Schedule 1 (the list of qualifying offences) was amended (A2016‑42; A2025‑29) and other procedural provisions were updated across successive Acts (see amendment history in endnotes 3–4). Concretely, those amendments change which offences and which categories of victims qualify for payments and adjust administrative procedures and decision points (see sch 1; ss7, 13–15, 28; endnotes 3–4)."},"complexity_factors":["Large number of interlocking definitions and victim classes (ss7, 9–17; dictionary).","Multiple payment types with separate rules and caps (immediate need s26; economic loss s27; recognition ss28–30; funeral part 4; max by regulation s24).","Significant commissioner discretion to request information, order medical exams, and set amounts (ss38–41, 46, 87).","Interactions with other laws and agencies (Criminal Code; Victims of Crime Act 1994; Family Violence Act; police, registries) create dependency and coordination complexity (notes to ss5, 31, 40–41, 75).","Repayment and recovery mechanisms involving assisted persons and offenders, with timing, notices and review rights (parts 5–6, ss62–79).","Confidentiality and safety safeguards that constrain information flows while requiring agencies to share records in many cases (ss72–76, 89, 95A).","Regulation dependency: many amounts and offence lists are set or modified by regulation or schedule (s24, s25, s101, sch 1).","Indexed amounts with asymmetric CPI/WPI rules introduce calculation and updating complexity (ss25, 97).","Review and appeal architecture (internal review and ACAT review; schedule 2) adds procedural layers (part 9).","Criminal and civil penalties and time limits (reporting, application periods, penalties for nondisclosure) add compliance risk for officials and applicants (s32, s64(3), s89)."],"plain_english_summary":"# What this law does (mechanics)\n\n- Establishes a territory-run financial assistance scheme for people harmed by certain acts of violence (s6, s7). The scheme pays immediate need payments (short‑term expenses) (s26), economic loss payments (lost income or economic costs) (s27), recognition payments for trauma (ss28–30), and funeral expense payments when a homicide causes death (part 4).\n- Defines who can apply: primary victims, several classes of \"related victims\" (class A, B, C) and homicide witnesses (ss11–16; div 3.1). The precise list of qualifying offences is in schedule 1 and by regulation (s7; sch 1).\n- Sets basic eligibility, time limits and application requirements (ss18–23, 31–32). Applicants generally must provide evidence the act was reported to police, with tailored reporting options for vulnerable applicants (s31(2)–(5)).\n- Gives the commissioner broad powers to decide eligibility and amounts, to request documents and medical examinations, and to prioritise immediate need claims (divs 3.5–3.6; ss38–41, 42, 46).\n- Provides for reductions where an applicant has already received another payment for the same harm (\"associated payment\") and for repayment/recovery where necessary (s47; parts 5 and 6). The Territory may recover financial assistance from the assisted person (part 5) or seek payment from an offender (part 6), and a $50 levy is imposed on convicted persons to help fund the scheme (ss62–68; ss69–79; ss82–83).\n- Establishes confidentiality and limited admissibility protections for application material (s89; s95A), caps legal costs for work relating to applications and appeals (ss96–97), and leaves details and amounts to regulation and the commissioner’s guidelines (ss24, 25, 87, 101).\n\n# Who it affects\n\n- Victims and witnesses of qualifying acts of violence (primary victims, related victims, homicide witnesses) — potential recipients of payments (ss11–16; div 3.1).\n- Applicants: must meet documentation and reporting rules and time limits (s31, s32).\n- Assisted persons who later receive an \"associated payment\" (for example by insurance or civil damages) must notify the commissioner and may have to repay (ss62–67).\n- Offenders convicted of a recompensed offence may be required to pay recoverable amounts and are subject to recovery notices; convicted persons are liable to pay the $50 victims financial assistance levy unless exempted (parts 6 and 7; ss69–82).\n- Police, registrars and some government agencies must provide information to the commissioner on request, subject to limited non‑disclosure where necessary to protect investigations or safety (ss40–41, 75, 79).\n- The commissioner and staff administer, decide and enforce the scheme (s86); the commissioner has guideline‑making power (s87).\n- Lawyers who represent applicants or take appeals have a regulated cap on fees for services connected to this Act (ss96–97).\n\n# Why it matters (stated purpose and practical trade‑offs)\n\n- The Act states its object is to help victims recover, contribute to safety and acknowledge harm, and to complement other victim services (s6). That stated purpose maps mechanically to payments, funeral support and recognition payments (part 3; part 4).\n\n- Costs and who pays: the Territory pays assistance initially (commissioner functions include paying amounts — s86(d)–(e)). The Territory funds the scheme but can recoup money from assisted persons who later receive associated payments (part 5, ss62–67) and from offenders (part 6, ss69–78). A $50 levy on convictions provides an additional revenue stream (s82).\n\n- Incentives and substitution effects: the scheme prevents double recovery by reducing assistance where an associated payment exists (s47; s62 definition). That mechanism channels potential payouts away from duplication (mechanical offset) and creates an administrative need to track civil awards, insurance and workers’ compensation (s62).\n\n- Compliance burden and administrative cost: applicants must supply written applications, contact details and evidence of reporting (s31). The commissioner may require medical examinations (s39) and obtain police and registry records (ss40–41). These requirements create recordkeeping, verification and casework demands on both applicants and public agencies.\n\n- Bureaucratic discretion and decision standard: the commissioner has broad discretion to determine eligibility, amounts, prioritise claims and request information (ss42, 43, 46, 38–41). Decisions are made on the balance of probabilities (s43). The commissioner’s guidelines (s87) and internal/ACAT review paths (part 9; schedule 2) provide procedural constraints but leave substantive assessment to administrative judgment.\n\n- Safety and privacy safeguards: before taking recovery action the commissioner must assess objective safety risks and consult assisted persons (ss72–73), and must \"as far as practicable\" avoid giving offenders confidential identifying information about assisted persons (s76). Officials face criminal penalties for reckless divulgence of protected information (s89).\n\n# Effects on private actors and markets\n\n- Legal profession: the Act caps legal costs for services connected to applications and appeals (s96) and provides indexation rules (s97). That limits what lawyers can charge for these matters and therefore affects lawyers’ pricing, client choices and possible supply of specialist representation.\n\n- Private insurers, civil plaintiffs and employers: because payments must be reduced by associated payments (ss47, 62), insurers or employers who pay compensation may reduce their net exposure knowing the scheme offsets against other payments. Conversely, recipients of civil damages or insurance who also received assistance face repayment obligations (part 5).\n\n- Businesses generally: the scheme does not directly regulate ordinary commercial activity. The main market effects are indirect — limits on legal fees (s96), information sharing duties for public agencies (ss40, 75, 79) and the administrative cost of court and tribunal reviews (part 9).\n\n# Implementation risks, trade‑offs and friction points\n\n- Reliance on other agencies for information: the commissioner’s decision‑making depends on police and court records (ss40–41, 75). Non‑compliance or delays in those agencies can delay decisions (s42).\n- Discretion vs consistency: the Act gives wide decision‑making discretion to the commissioner (s46), constrained by internal review and ACAT review (part 9). That creates a trade‑off between case‑by‑case flexibility and the risk of inconsistent outcomes.\n- Recovery and safety tension: recovery from offenders and contact with them may create safety risks for assisted persons; the Act requires risk assessment and consultation (ss72–73) and places limits on divulging confidential information (s76), but recovery action remains authorised where practicable (s71, s74–77).\n- Administrative burden and costs: the commissioner must manage applications, repayments, recoveries and guidelines (s86), and may suspend payments where an associated payment is pending (s63), producing workload peaks and compliance obligations on applicants and agencies.\n\n# Short note on changes to scope\n\n- The Act has been amended multiple times (see endnotes and amendment history). Those amendments changed definitions (for example, meaning of act of violence s7 amended A2024‑28 s4; class B and C related victims amended A2016‑42 and A2024‑28 s6–7), added or adjusted schedule 1 offences and other provisions (endnotes 3–4). Those changes affect which offences and victims qualify (see sch 1 and related amendment notes).\n\nOverall, the Act sets up a territory‑administered payment and recovery scheme with detailed eligibility rules, administrative discretion for the commissioner, safeguards for privacy and safety, and finance mechanisms that spread cost between the Territory, assisted persons (via repayment rules), and convicted offenders (via recovery and a $50 levy)."}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-financial-assistance-act-2016","history":"/api/acts/victims-of-crime-financial-assistance-act-2016/history","analysis":"/api/acts/victims-of-crime-financial-assistance-act-2016/analysis","conflicts":"/api/acts/victims-of-crime-financial-assistance-act-2016/conflicts","importantCases":"/api/acts/victims-of-crime-financial-assistance-act-2016/important-cases","documents":"/api/acts/victims-of-crime-financial-assistance-act-2016/documents"}}