{"id":"nsw:sl-2019-0398","name":"Victims Rights and Support Regulation 2019","slug":"victims-rights-and-support-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"398 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176616,"registerId":"nsw-nsw:sl-2019-0398-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Victims Rights and Support Regulation 2019](/view/html/inforce/current/sl-2019-0398).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Victims Rights and Support Regulation 2013](/view/html/repealed/current/sl-2013-0253) which would otherwise be repealed on 1 September 2019 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n3 Interpretation\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Victims Rights and Support Act 2013](/view/html/inforce/current/act-2013-037).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Approved counselling services","content":"# Part 2 Approved counselling services\n\nPart 2 Approved counselling services","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Part—\n> \n> generalist counsellor tier 1 means a person who is approved by the Commissioner under section 31 of the Act and is not a generalist counsellor tier 2.\n> \n> generalist counsellor tier 2 means a person who—\n> \n> > (a) is a registered psychologist or is eligible for membership of the Australian Association of Social Workers (other than as a student member), and\n> \n> > (b) has provided (whether before or after this definition was inserted by the [Victims Rights and Support Amendment (Statutory Review) Act 2018](/view/html/repealed/current/act-2018-034)) approved counselling services under the Act for more than 3 consecutive years, and\n> \n> > (c) holds post-graduate qualifications consisting of a Masters degree (or a higher level qualification) in social work, clinical psychology, clinical neuropsychology, counselling psychology or forensic psychology, and\n> \n> > (d) has, in the opinion of the Commissioner, specialist counselling skills that justify the person being paid at the rate applicable to a generalist counsellor tier 2.\n> \n> relevant family member means—\n> \n> > (a) a person who is a relative of a primary victim who has died as a result of an act of violence but who is not a family victim, or\n> \n> > (b) a person who is a relative of a person killed in a road crime but is not a family victim.\n> \n> victim means—\n> \n> > (a) a family victim, or\n> \n> > (b) a primary victim or a secondary victim, or\n> \n> > (c) a relevant family member,\n> \n> but does not include a person who is the victim of an act of violence or act of modern slavery—\n> \n> > (d) arising in the circumstances described in section 25(2) of the Act, unless the person is a family victim of the act and the act apparently occurred in the course of the commission of the offence of murder or manslaughter, or\n> \n> > (e) arising in the circumstances described in section 25(3) or (4) of the Act.\n> \n> **cl 4:** Am 2023 (260), sec 3(1); 2024 No 92, Sch 2\\[1\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Authorisation of payments for approved counselling services","content":"#### 5 Authorisation of payments for approved counselling services\n\n5 Authorisation of payments for approved counselling services\n\n> > (1) A limit imposed by this clause—\n> > \n> > > (a) on the period that payments for approved counselling services may be authorised for a person, or\n> > \n> > > (b) on the amount of payments for approved counselling services that may be authorised for a person,\n> > \n> > is a limit that applies to each act of violence or act of modern slavery committed in respect of the person.\n> \n> > (2) For the purposes of section 32 of the Act, the Commissioner may authorise payments for approved counselling services for a victim (other than a family victim or relevant family member)—\n> > \n> > > (a) for a period of up to 22 hours of counselling (including counselling for the purposes of an application for continued counselling), and\n> > \n> > > (b) for further periods of counselling if the Commissioner considers it appropriate.\n> \n> > (3) The Commissioner may consider a person to be a victim referred to in subclause (2), for the purposes of authorising payments for an initial period of 2 hours of counselling for the person, if satisfied that counselling may assist in establishing whether or not the person is a victim.\n> \n> > (4) The Commissioner must not authorise payments for more than a total of 22 hours of counselling services for a victim described in subclause (2) within Australia unless satisfied that there are exceptional reasons for doing so.\n> \n> > (5) If counselling services are provided for a victim outside of Australia, the Commissioner must not authorise payments for those counselling services for more than a total of 22 hours or a maximum of $5,500, whichever is the lesser.\n> \n> > (6) The Commissioner may, if the Commissioner considers it appropriate, authorise the provision of approved counselling services to a relevant family member.\n> \n> > (7) The Commissioner may authorise payments for approved counselling services within Australia for a victim who is a family victim or relevant family member—\n> > \n> > > (a) for a period of up to 22 hours of counselling, and\n> > \n> > > (b) for a further period of counselling if requested by the family victim or relevant family member.\n> \n> > (8) Payments may be made for approved counselling services even though—\n> > \n> > > (a) the victim is entitled to workers compensation or a payment under the police officer support scheme under the [Police Act 1990](/view/html/inforce/current/act-1990-047), Part 9B in respect of the act of violence or act of modern slavery concerned, or\n> > \n> > > (b) the maximum amount of financial assistance for economic loss is payable in respect of the act of violence or act of modern slavery concerned.\n> \n> > (9) Payments for approved counselling services provided to a victim who is resident in Australia are to be made from the Fund directly to the service provider, except that payments for up to 2 hours of the period referred to in subclause (3) may be made from that Fund by way of reimbursement of the victim if it was not reasonably practicable for the victim to obtain the Commissioner’s authorisation for the payment before undertaking the counselling.\n> \n> > (10) Payments for approved counselling services provided to a victim who is resident outside Australia are to be made in the manner approved by the Commissioner generally or in a particular case from the Fund on production of an invoice, statement or other document verifying provision of the relevant approved counselling service.\n> \n> **cl 5:** Am 2023 (260), sec 3(2); 2024 No 60, Sch 3.5.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Immediate access to counselling services","content":"#### 6 Immediate access to counselling services\n\n6 Immediate access to counselling services\n\n> > (1) Without limiting clause 5(3), the Commissioner may consider a person to be a victim of an act of violence or act of modern slavery, or a family victim of a road crime, for the purposes of authorising payments for approved counselling services for that person in accordance with this Part.\n> \n> > (2) Subclause (1) is subject to any subsequent finding by the Commissioner that the person is not a victim of an act of violence or act of modern slavery, or a family victim of a road crime.\n> \n> **cl 6:** Am 2023 (260), sec 3(2); 2024 No 92, Sch 2\\[2\\] \\[3\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Ongoing counselling services for victims of child sexual assault or physical abuse","content":"#### 7 Ongoing counselling services for victims of child sexual assault or physical abuse\n\n7 Ongoing counselling services for victims of child sexual assault or physical abuse\n\n> Despite any provision of clause 5 to the contrary, the Commissioner may authorise payments for approved counselling services on an ongoing basis for—\n> \n> > (a) a person under the age of 18 years who is a victim of sexual assault or physical abuse, or\n> \n> > (b) a person who, while under the age of 18 years, was a victim of sexual assault or physical abuse.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Amount of payments","content":"#### 8 Amount of payments\n\n8 Amount of payments\n\n> > (1) For the purposes of section 33 of the Act, the amount of the payment to be made or reimbursed for approved counselling services provided to a victim who is resident in Australia is the sum of the following—\n> > \n> > > (a) the amount calculated in accordance with the scale set out in the Table to this clause in respect of the relevant class of counsellor providing the service,\n> > \n> > > (b) the amount of GST that is payable in respect of the provision of the approved counselling service,\n> > \n> > > (c) the amount, determined by the Commissioner, to be appropriate to cover costs incurred, or likely to be incurred, in connection with the approved counselling service.\n> \n> > (2) Any period of more than 2 hours during which a counsellor travels to provide approved counselling services to a victim is to be counted in calculating the amount of payment to be made or reimbursed for each hour of approved counselling services provided to that victim under this clause.\n> \n> > (3) Subclause (1)(b) does not permit the approval of an amount that is greater than 10% of the amount of the costs referred to in subclause (1)(a).\n> \n> > (4) A reference in this clause to the provision of approved counselling services to a victim includes, in the case where approved counselling services are provided to a group of victims under an approved program, a reference to the provision of the services to that group.\n> \n> > (5) In this clause—\n> > \n> > GST has the same meaning as in the [A New Tax System (Goods and Services Tax) Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> Table\n> \n> | 1 | Generalist counsellors tier 1 | $120 per hour |\n> | 2 | Generalist counsellors tier 2 | $144 per hour |\n> | 3 | Psychiatrists | $256 per hour |","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Financial assistance","content":"# Part 3 Financial assistance\n\nPart 3 Financial assistance","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Calculation of actual loss of earnings","content":"#### 9 Calculation of actual loss of earnings\n\n9 Calculation of actual loss of earnings\n\n> For the purposes of this Part, financial assistance for actual loss of earnings is to be calculated at the rate of weekly payment of compensation payable under section 37 of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) (as in force immediately before its substitution by the [Workers Compensation Legislation Amendment Act 2012](/view/html/inforce/current/act-2012-053)) and indexed in accordance with law.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Primary victims","content":"#### 10 Primary victims\n\n10 Primary victims\n\n> > (1) For the purpose of section 26(1)(b) of the Act, the maximum amount prescribed in relation to financial assistance for immediate needs is $5,000.\n> \n> > (2) For the purpose of section 26(1)(c) of the Act, the maximum amount of financial assistance for economic loss suffered by the primary victim of an act of violence or act of modern slavery as a direct result of that act of violence or act of modern slavery is $30,000.\n> \n> > (3) Despite subclause (2), the following limits apply in respect of the following economic loss suffered by the primary victim as a direct result of the act of violence or act of modern slavery—\n> > \n> > > (a) if the victim can demonstrate actual loss of earnings—$20,000,\n> > \n> > > (b) if the victim cannot demonstrate actual loss of earnings—$5,000 for out-of-pocket expenses,\n> > \n> > > (c) the actual medical and dental expenses incurred (other than expenses for which financial assistance for immediate needs is available under section 26 (1) (b) of the Act),\n> > \n> > > (d) $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence or act of modern slavery, making statements to police, preparing victim impact statements and similar justice related expenses,\n> > \n> > > (e) $1,500 for expenses incurred through loss of, or damage to, clothing or other personal effects worn or carried by the primary victim at the time of the act of violence or act of modern slavery.\n> \n> **cl 10:** Am 2023 (260), sec 3(2); 2023 No 7, Sch 2.49\\[1\\].","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Parent, step-parent or guardian of primary victim","content":"#### 11 Parent, step-parent or guardian of primary victim\n\n11 Parent, step-parent or guardian of primary victim\n\n> > (1) For the purpose of section 27(1) of the Act, the maximum amount of financial assistance for economic loss suffered by a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence or act of modern slavery is $30,000.\n> \n> > (2) Despite subclause (1), the following limits apply in respect of particular kinds of economic loss suffered by a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence or act of modern slavery—\n> > \n> > > (a) if the parent, step-parent or guardian can demonstrate actual loss of earnings because of the need to care for the child as a direct result of the act of violence or act of modern slavery—$20,000,\n> > \n> > > (b) if the parent, step-parent or guardian cannot demonstrate actual loss of earnings—$5,000 for out-of-pocket expenses,\n> > \n> > > (c) the actual medical and dental expenses of the child (other than expenses for which financial assistance for immediate needs is available for the child under section 26 (1) (b) of the Act),\n> > \n> > > (d) $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence or act of modern slavery, making statements to police, preparing victim impact statements and similar justice related expenses,\n> > \n> > > (e) $1,500 for expenses incurred through loss of, or damage to, clothing or other personal effects worn or carried by the primary victim at the time of the act of violence or act of modern slavery.\n> \n> **cl 11:** Am 2023 (260), sec 3(2); 2023 No 7, Sch 2.49\\[2\\].","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Family victim","content":"#### 12 Family victim\n\n12 Family victim\n\n> > (1) For the purposes of section 29(1)(b) of the Act, the maximum amount of financial assistance payable to a family victim of an act of violence for immediate needs is $5,000.\n> \n> > (2) For the purposes of section 29(1)(c) of the Act, the maximum amount payable to a family victim of an act of violence for funeral expenses is $9,500 in total for funeral expenses described in that paragraph.\n> \n> > (3) For the purposes of section 29(1)(d) of the Act, the maximum amount of financial assistance payable to a family victim of an act of violence is $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence, making statements to police, preparing victim impact statements and similar justice related expenses.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Funeral and other expenses incurred by persons other than family victims","content":"#### 13 Funeral and other expenses incurred by persons other than family victims\n\n13 Funeral and other expenses incurred by persons other than family victims\n\n> For the purposes of section 47(3) of the Act, the maximum amount for expenses incurred for—\n> \n> > (a) immediate needs—is $5,000, and\n> \n> > (b) funeral expenses—is $9,500.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Recognition payments","content":"#### 14 Recognition payments\n\n14 Recognition payments\n\n> The following are the prescribed amounts of recognition payment for the purposes of section 36 of the Act—\n> \n> > (a) for a category A recognition payment referred to in section 36(1)(a) of the Act—$15,000,\n> \n> > (b) for a category A recognition payment referred to in section 36(1)(b) of the Act—$7,500,\n> \n> > (c) for a category B recognition payment—$10,000,\n> \n> > (d) for a category C recognition payment—$5,000,\n> \n> > (e) for a category D recognition payment—$1,500.","sortOrder":16},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Costs","content":"#### 15 Costs\n\n15 Costs\n\n> Costs payable with respect to proceedings before the Civil and Administrative Tribunal under the Act relating to victims support are to be determined in accordance with the [Civil and Administrative Tribunal Act 2013](/view/html/inforce/current/act-2013-002).\n> \n> Note.\n> \n> This clause replaces so much of clause 20 of Schedule 2 to the Act as relates to costs payable in respect of proceedings for victims support under the Act.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Repeal and savings","content":"#### 16 Repeal and savings\n\n16 Repeal and savings\n\n> > (1) The [Victims Rights and Support Regulation 2013](/view/html/repealed/current/sl-2013-0253) is repealed.\n> > \n> > Note.\n> > \n> > The repeal of the [Victims Rights and Support Regulation 2013](/view/html/repealed/current/sl-2013-0253) does not, because of the operation of section 30 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), affect the operation of savings or transitional provisions contained in that Regulation. Part 5 of that Regulation contained savings and transitional provisions.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Victims Rights and Support Regulation 2013](/view/html/repealed/current/sl-2013-0253), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":19}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded beyond the original 2013 framework by expressly incorporating victims of modern slavery and road crimes, introducing tiered hourly rates for counsellors based on qualifications and experience, permitting immediate provisional access to counselling before formal victim status is determined, and authorising ongoing (not time-limited) counselling for child victims of sexual assault or physical abuse. These changes broaden the scheme's reach and flexibility while retaining the core compensatory purpose."},"complexity_factors":["Layered definitions in clause 4 that create multiple tiers of counsellors and overlapping victim categories with specific exclusions","Nested monetary caps and sub-limits across clauses 5, 8, 10–14 that apply differently to each type of loss and each class of victim","Frequent cross-references to the Victims Rights and Support Act 2013 (ss 25–36), the Workers Compensation Act 1987, and Commonwealth GST legislation","Conditional exceptions (e.g. 'exceptional reasons', 'if the Commissioner considers it appropriate', ongoing counselling for children despite other limits)","Detailed payment mechanics for domestic vs overseas residents and group programs"],"plain_english_summary":"**This regulation helps victims of violent crime and modern slavery in New South Wales access two main forms of practical support: counselling and money.**\n\nIt sets clear rules on who can get free or subsidised counselling (including how many hours, who provides it, and how much the counsellor is paid), and it caps the amounts of financial help available for immediate needs after an incident, lost earnings, medical costs, funeral expenses, and other out-of-pocket losses. Special 'recognition payments' are also prescribed to acknowledge the harm suffered, with higher amounts for the most serious cases. The rules apply differently depending on whether someone is a direct (primary) victim, a family member of someone killed, a parent caring for an injured child, or a relevant family member. Help can sometimes be given quickly even before all facts are confirmed, and extra support is available for children who suffered sexual assault or physical abuse. All payments come from a dedicated victims support fund. The regulation exists to make the **Victims Rights and Support Act 2013** workable in everyday situations, ensuring support is consistent, targeted, and not open-ended."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation has been amended at least four times since it was originally made in August 2019, suggesting its scope and detail have evolved over time. The pending (uncommenced) amendments from the Victims Rights and Victims of Crime Commissioner Act 2025 indicate a further, potentially significant expansion or restructuring of scope is anticipated — likely including the establishment of a dedicated Victims of Crime Commissioner role, which would broaden the regulatory framework beyond its original design."},"complexity_factors":["Multiple amendments across different version dates (2019, 2023 x2, 2024, 2025) requiring tracking of which version applies to any given situation","Operates as delegated legislation (a regulation) that must be read alongside the parent Act — the Victims Rights and Support Act 2013 — making it impossible to understand in isolation","Pending but uncommenced amendments from the Victims Rights and Victims of Crime Commissioner Act 2025 create legal uncertainty about the future state of the law","Scheduled automatic repeal under the Subordinate Legislation Act 1989 adds a time-sensitive dimension that affects how the regulation should be relied upon","Limited substantive content is visible from the extract provided — the full regulation likely contains detailed eligibility criteria, payment schedules, and procedural rules that add further complexity"],"plain_english_summary":"## Victims Rights and Support Regulation 2019 (NSW)\n\nThis is a **NSW regulation** (a set of detailed rules made under a broader law) that sits underneath the *Victims Rights and Support Act 2013*. It provides the fine print on how victims of crime in New South Wales access rights, support, and financial assistance.\n\n**Who does this affect?**\n- People in NSW who have been victims of crime\n- Those applying for victims support payments or counselling\n- Government agencies and support workers who process victim claims\n\n**What does it do?**\nThe regulation sets out the operational details — things like eligibility criteria, payment amounts, timeframes, and procedural rules — that make the broader victims support scheme work in practice.\n\n**Important things to know:**\n- The regulation has been updated multiple times since it was first made in August 2019, with the current version in force from **1 February 2025**\n- It is **scheduled to be automatically repealed (cancelled)** on **1 September 2026** under standard NSW rules that require old regulations to be reviewed and remade periodically\n- A new Act (*Victims Rights and Victims of Crime Commissioner Act 2025*) has been passed but not yet started, which will eventually bring further changes\n\n**Why does it matter?**\nIf you are a crime victim in NSW seeking financial support or counselling services, this regulation directly governs whether you qualify and what you can receive. The upcoming automatic repeal in 2026 means the scheme is likely to be restructured soon."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Regulation replaces the Victims Rights and Support Regulation 2013 (clause 16(1)) and sets explicit definitions, payment rates, caps, and procedural rules that govern counselling authorisations and financial assistance (notably clauses 4–8 and 10–14). It preserves the continuing effect of acts or matters that had effect under the old Regulation (clause 16(2)), but it updates and specifies numeric limits, practitioner tiers and authorisation mechanics (clauses 4, 5, 8, 10–14), indicating a substantive update of the operational scope compared with the earlier instrument."},"complexity_factors":["Multiple cross-references to other Acts (Victims Rights and Support Act 2013; Interpretation Act 1987; Workers Compensation Act 1987; GST law) increase interpretive work (clauses 3, 9, 8(5)).","Tiered definitions and eligibility rules for counsellors (tier 1 vs tier 2) require assessment of qualifications, experience and Commissioner judgement (clause 4).","Discretion concentrated in the Commissioner for authorising initial and extended counselling, including exceptional-case exceptions, creates case‑by‑case variability (clauses 5(2)–(7), 6, 7).","Multiple numeric caps and sub-caps across different categories of victims and expense types (clauses 10–14) require detailed application and record-keeping.","Different payment mechanisms for domestic versus overseas counselling (direct payment to providers vs invoice-based payment) add procedural complexity (clause 5(9)–(10)).","Specific rules affecting payable hours (counting travel time after 2 hours) and GST component limits require precise accounting (clause 8(2)–(3)).","Overlapping entitlements with other schemes (workers compensation, police support) require coordination and potential duplication checks (clause 5(8)).","Savings and transitional provisions from the repealed Regulation must be accounted for when applying the new rules (clause 16)."],"plain_english_summary":"### What this Regulation does, in plain terms\n\n- Names and start: It is the Victims Rights and Support Regulation 2019 and it starts when published on the NSW legislation website (clause 1–2).\n- Repeal and continuity: It repeals the 2013 Regulation but keeps any savings or transitional arrangements that applied under the old Regulation (clause 16).\n- Definitions and approvals: It defines key terms used in this Regulation (for example, types of counsellors and who counts as a victim) and works with the Victims Rights and Support Act 2013 and the Interpretation Act for interpretation (clauses 3–4).\n\n- Who decides and who pays\n  - The Commissioner is the decision-maker who authorises payments for approved counselling and other support under the Act (see clauses 5(2), 5(6)–(7), 6).\n  - Payments for counselling are paid from the statutory Fund established under the Act. Payments are usually made directly to approved service providers; limited reimbursements to victims are allowed in specified circumstances (clauses 5(9)–(10)).\n\n- Counselling services: authorisation, limits and special cases\n  - Authorisation and limits apply separately for each act of violence or act of modern slavery (clause 5(1)).\n  - For most non-family victims, the Commissioner may authorise up to 22 hours of counselling as an initial period and may extend counselling if appropriate (clause 5(2)).\n  - The Commissioner can treat a person as a victim for the purpose of authorising an initial 2-hour counselling session where counselling may help to establish whether the person is a victim (clause 5(3)).\n  - The Commissioner must not authorise more than 22 hours within Australia for a non-family victim unless there are exceptional reasons (clause 5(4)). For counselling provided outside Australia the Commissioner is limited to 22 hours or $5,500, whichever is less (clause 5(5)).\n  - Immediate access: the Commissioner may authorise counselling quickly by treating a person as a victim for that purpose, subject to later review (clause 6).\n  - Ongoing counselling may be authorised without the 22‑hour limit for victims who were children at the time of sexual assault or physical abuse (clause 7).\n\n- How much is paid to counsellors\n  - The Regulation prescribes hourly rates by class of counsellor: generalist counsellor tier 1 $120/hr, tier 2 $144/hr, psychiatrists $256/hr. Payments include GST (subject to a 10% cap on the GST component) and any additional costs the Commissioner deems appropriate (clause 8 and its Table; clause 8(1)(b)–(c); clause 8(3)).\n  - Travel time that exceeds 2 hours is counted as part of the payable counselling hours (clause 8(2)).\n\n- Financial assistance limits for victims and related people\n  - Immediate needs: maximum $5,000 for primary victims and family victims (clauses 10(1), 12(1), 13).\n  - Economic loss: maximum $30,000 for primary victims and for parents/guardians caring for a child primary victim, with sub-limits for demonstrable loss of earnings ($20,000) and for out-of-pocket expenses if earnings cannot be demonstrated ($5,000). There are also specific caps for funeral, criminal-proceedings-related expenses and personal effects (clauses 10–11).\n  - Family victims: funeral expenses are capped at $9,500 (clause 12(2)).\n  - Recognition payments: fixed amounts are prescribed for categories A–D (for example, category A (s36(1)(a)) is $15,000) (clause 14).\n\n- Other administrative points\n  - Where a victim is eligible for workers compensation or a police officer support scheme payment, they may still receive approved counselling payments under this Regulation (clause 5(8)).\n  - Tribunal costs for proceedings under the Act are to be determined under the Civil and Administrative Tribunal Act 2013 (clause 15).\n\n### Official purpose-claims and practical trade-offs (source‑attributed)\n- The Regulation implements authorisations and payment rules to support victims by specifying who can be paid, how much, and when (see clauses 5–8, 10–14). The text itself sets these mechanics rather than stating a policy rationale.\n\n- Costs and who pays\n  - The Fund pays approved counselling providers and meets other financial assistance described in the Regulation (clause 5(9)–(10); clauses 10–14). That means the public Fund bears the financial cost of authorised services.\n\n- Decision-making discretion and administrative burden\n  - The Commissioner has discretion to authorise initial counselling, to extend counselling beyond the standard limits in exceptional cases, and to approve payments and additional costs (clauses 5(2)–(7), 6, 7, 8(1)(c)). This concentrates decision authority in a single office and creates case-by-case assessment requirements.\n  - Providers must be approved under the Act to be paid (definition of generalist counsellor tier 1 references Commissioner approval under section 31 of the Act) and invoices or statements are required for overseas services (clause 4; clause 5(10)). These requirements produce compliance tasks for both providers and the Commissioner.\n\n- Incentives and effects on private providers\n  - The Regulation sets fixed hourly rates by counsellor class (clause 8 Table). That creates an explicit pricing floor for approved services and gives an incentive for providers to seek classification (e.g., tier 2) that attracts a higher hourly rate (clause 4 definition of tier 2 and clause 8 Table).\n  - Travel time rules (counting travel exceeding 2 hours) and the overseas hourly/total caps may influence providers to limit travel or to arrange services remotely where possible (clause 8(2); clause 5(5)).\n\n- Limits, substitution and opportunity costs\n  - Hour limits (generally 22 hours) and financial caps (for immediate needs, economic loss, funeral expenses, recognition payments) limit the Fund’s exposure but also limit the amount of funded support a victim can receive without special Commissioner approval (clauses 5(2)–(5); clauses 10–14). Where a victim needs more services, the Regulation requires an exercise of discretion to provide more (clause 5(4); clause 7 for child victims).\n  - The Regulation allows counselling payments even when other schemes (workers compensation or police schemes) are payable (clause 5(8)). That can create overlapping benefits for certain individuals and requires coordination with other compensation arrangements.\n\n- Implementation risks and evidentiary checks\n  - The Commissioner can promptly authorise short-term counselling while still later finding the person is not a victim (clause 6(1)–(2)). This supports immediate access but requires later verification and potential recovery or denial decisions.\n  - Overseas services require invoices or similar documents for payment (clause 5(10)), which creates administrative work to verify services provided outside Australia.\n\n### Bottom line, mechanically\nThis Regulation sets out who is counted as a victim or approved counsellor (clauses 3–4), how and by whom counselling and financial assistance are authorised and paid (clauses 5–8, 10–14), fixed payment rates and caps (clause 8 Table; clauses 10–14), the Commissioner’s authorising powers and discretion (clauses 5–7), and procedural/administrative points including costs rules for Tribunal proceedings (clause 15) and repeal/savings from the 2013 Regulation (clause 16)."}},"importantCases":[],"_links":{"self":"/api/acts/victims-rights-and-support-regulation-2019","history":"/api/acts/victims-rights-and-support-regulation-2019/history","analysis":"/api/acts/victims-rights-and-support-regulation-2019/analysis","conflicts":"/api/acts/victims-rights-and-support-regulation-2019/conflicts","importantCases":"/api/acts/victims-rights-and-support-regulation-2019/important-cases","documents":"/api/acts/victims-rights-and-support-regulation-2019/documents"}}