15CReimbursement and financial assistance for victims

15C Reimbursement and financial assistance for victims (1) A victim who is required to attend court to give evidence as a witness in a criminal proceeding may be able to claim reimbursement of expenses incurred or income lost in attending court. Examples—expenses transport, parking, meals Note Under the Court Procedures Rules 2006, r 4331, a person who attends the Magistrates Court as a witness in the hearing of a criminal proceeding is entitled to be paid witness expenses. (2) A victim may apply for financial assistance under the Victims of Crime (Financial Assistance) Act 2016. Note Eligibility requirements apply for financial assistance under the Victims of Crime (Financial Assistance) Act 2016, div 3.1. (3) A victim who suffers loss or incurs expense as a direct result of the commission of an offence, or has property stolen, may ask the director of public prosecutions to apply for a reparation order under the Crimes (Sentencing) Act 2005, section 19 or section 20. Note A victim who suffers loss or expense as a direct result of the commission of an offence may be entitled to reparation from the offender by way of payment of money or otherwise, for the loss or expense (see Crimes (Sentencing) Act 2005, s 19). A victim whose property is stolen may be entitled to have the property restored to them or to payment of the value of the property (see that Act, s 20). Division 3A.3A Victims rights—harm statement etc 15CA Definitions—div 3A.3A (1) In this division: child means a person under 14 years old. harm—see section 6 (3). harmful behaviour, of a child, means behaviour that causes harm to another person.

harm statement, in relation to a child’s harmful behaviour, means a statement prepared by or for a victim of the behaviour for consideration by the therapeutic support panel. therapeutic support panel—see the Children and Young People Act 2008, dictionary. victim, of a child’s harmful behaviour, means— (a) a person (a primary victim) who suffers harm because of the behaviour; or (b) if a primary victim dies because of the behaviour—a person who was financially or psychologically dependent on the primary victim before the primary victim’s death. because of, a child’s harmful behaviour, means— (a) as a result of, or in the course of, the behaviour; or (b) in the course of assisting a police officer in the exercise of the officer’s power to arrest a person for the behaviour or to take action to prevent the behaviour. loss of a pregnancy means a miscarriage or stillbirth. 15CB Application—div 3A.3A This division applies if— (a) a child has engaged in harmful behaviour; and (b) there is a victim of the behaviour; and (c) the child is not the subject of a criminal proceeding for the harmful behaviour.

15CC Harm statement—who may make a harm statement (1) The following people may make a harm statement in relation to a child’s harmful behaviour: (a) a victim of the behaviour; (b) a person with parental responsibility for a victim of the behaviour; (c) a close family member of a victim of the behaviour; (d) a carer for a victim of the behaviour; (e) a person with an intimate personal relationship with a victim of the behaviour. person with parental responsibility, for a victim who is a child or young person—means a person with parental responsibility for the child or young person under the Children and Young People Act 2008, division 1.3.2. 15CD Harm statement—form and contents (1) A harm statement may, but need not, identify the victim to whom the statement relates, but must not identify the victim if the victim does not wish to be identified in the statement. (2) However, if the statement does not identify the victim, the therapeutic support panel must— (a) be told the identity of the victim; and (b) not disclose the identity to any other person. (3) If the person who makes the statement is not the victim (or the victim’s representative)— (a) the statement must indicate that the victim does not object to the statement being made to the therapeutic support panel; and