This law creates a state‑funded compensation scheme for people killed or injured by criminal conduct (and certain connected victims), administered by appointed Commissioners who decide awards from a Criminal Injuries Compensation Fund. It empowers recovery from convicted offenders and enables restraining/forfeiture of defendant property to protect prospective awards.
It matters because it channels victim relief through an administrative process, shifts costs to recoveries/levies and ultimately the State if the Fund is insufficient, and balances confidentiality, administrative discretion, and enforcement against offenders.
This Act establishes a statutory scheme for state-funded compensation to people killed or injured as a result of criminal conduct, sets limits and conditions on awards, creates mechanisms for the State to recover compensation from offenders, and provides civil-style powers to preserve and dispose of property connected to serious offending for the benefit of victims.
Mechanically:
Part 2 creates the compensation regime. It defines who can receive awards (primary, secondary and related victims) and the heads of loss that may be compensated (expenses, future medical/psychological care, loss of earnings, pain and suffering and claim expenses) (see section 4). The Commissioner decides awards at his or her discretion (section 5(1)), but must be satisfied on the balance of probabilities that death or injury resulted from criminal conduct (section 5(2)). The Act excludes specified categories from eligibility, for example injuries from motor vehicle use and claims already paid under a compensation law (section 6(1)).
Sections 6A and 6B set financial boundaries: prescribed maximums limit total awards per criminal conduct (section 6A(1)), and the Commissioner may deduct specified amounts from awards (section 6B(1)), such as pecuniary penalties and compensation levies.
The Commissioner is appointed by the Minister and Associate Judges, the Registrar and Deputy Registrar are Commissioners for the Act (section 2A).
Part 3 (inserted in 1996) supplies civil enforcement tools for serious offending: judges may make restraining orders to prevent dealing with a convicted person’s property (sections 16-19), and, where thresholds are met, may make forfeiture orders vesting property in the State (sections 25-29). The Director of Public Prosecutions brings applications (section 17 and 25) and must serve notice on affected persons (sections 17(2) and 25(4)). The threshold includes a forecast that awards are likely to exceed $100,000 (sections 18(1)(b), 27(1)(b)). The State must hold and use forfeited proceeds in a victims fund for the benefit of victims, directed by the Attorney-General (sections 28(d), 38(2)-(5)).
Current sections
Direct links to the current provisions in Victims of Crime Assistance Act 1976.
56
Part 1
[Part 1 Heading inserted by No. 47 of 1996, s. 4 ]Preliminary
Part 1 [Part 1 Heading inserted by No. 47 of 1996, s. 4 ]Preliminary
dependant, in relation to a victim dying as the result of criminal conduct, means any person who at the time of the death was wholly or mainly dependent upon the victim or would have been so dependent but for the total or partial incapacity suffered by the victim since the injury from which the death resulted, and includes any child of the victim born after his death;
(a) a person who suffers injury as a result of witnessing an offence; or
(b) a parent, step-parent or guardian of a primary victim who was under 18 years of age at the time of the offence.
(2) For the purposes of this Act, references to an injury shall be construed as including references to any impairment of bodily or mental health, and also to becoming pregnant.
(3) In this Act references to an award made to any person shall be construed as references to any award for the payment of a sum (whether to himself or any other person) for his benefit or to meet the cost of his maintenance or of any services rendered to him.
(1) Subject to section 6 , compensation may be awarded under this Act where a person is killed or suffers injury –
(a) as a result of the act of another person that constitutes an offence or would have constituted an offence, but for the fact that that other person had not attained a specified age, or was insane, or had other grounds of excuse or justification at law for his or her act; or
(b) in assisting a police officer in the exercise of the power to arrest a person or to take action to prevent the commission of a crime by a person.
(1A) [Section 4 Subsection (1A) inserted by No. 27 of 2015, s. 4, Applied:01 Nov 2015] Subject to subsection (1B) , in respect of the death of a primary victim as a result of criminal conduct, compensation may be awarded under this Act to a person for funeral expenses actually and reasonably incurred, or reasonably likely to be incurred, by the person in relation to the death of the primary victim.
(2) In respect of the injury of a primary victim, compensation awarded under this Act may be awarded to the primary victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the primary victim as a result of the injury;
(b) the cost of medical, dental, psychological or counselling services which the Commissioner is satisfied the primary victim will require in the future;
(c) loss of wages or salary by the primary victim as a result of his or her total or partial incapacity for work arising from the injury;
(d) the pain and suffering of the primary victim arising from the injury;
(e) expenses reasonably incurred by the primary victim in claiming compensation.
(3) In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a secondary victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the secondary victim as a result of his or her own injury;
(b) [Section 4 Subsection (3) amended by No. 27 of 2015, s. 4, Applied:01 Nov 2015] if the secondary victim is a parent, step-parent or guardian of the primary victim, expenses (other than funeral expenses) actually and reasonably incurred by the secondary victim as a result of the death or injury of the primary victim;
(c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the secondary victim will require in the future;
(d) loss of wages or salary by the secondary victim as a result of –
(i) his or her total or partial incapacity for work arising from his or her own injury; or
(ii) his or her total or partial inability to work while providing care to the primary victim;
(e) the pain and suffering of the secondary victim arising from his or her own injury;
(f) expenses reasonably incurred by the secondary victim in claiming compensation.
(4) In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a related victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the related victim as a result of his or her own injury;
(3A) [Section 5 Subsection (3A) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] *[Section 5 Subsection (3A) inserted by No. 28 of 1988, s. 4 ]*The Commissioner shall not make an award to a person if that person has failed to do any act or thing which, in the opinion of the Commissioner, that person should reasonably have done to assist in the identification, apprehension, or prosecution of any person alleged to have committed the criminal conduct or alleged criminal conduct for which compensation is claimed.
(4) [Section 5 Subsection (4) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] The Commissioner may refuse to make an award to any person in respect of any criminal conduct if he is satisfied that that person has, or had, an adequate remedy in civil proceedings in respect of that conduct, and in determining the amount of any such award he shall take into account any amount recovered by or for the benefit of that person, by way of damages or compensation arising from the criminal conduct, or would, in the opinion of the Commissioner, be likely to be so recovered, if proper action was taken by that person or on his behalf.
(5) [Section 5 Subsection (5) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] Where the Commissioner in making, or refusing to make, an award to any person in respect of any criminal conduct exercises the powers conferred by subsection (4) , he may give leave for the making of a further application by or on behalf of that person for an award or a further award in respect of the same criminal conduct, and the Commissioner may make such an award if, having regard to circumstances that have arisen or the information that has been obtained since his previous decision, he considers it just to do so.
(6) [Section 5 Subsection (6) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] Where the Commissioner is satisfied that an award should be made to any person but has not sufficient information to enable him to determine finally the amount of the award, he may, if he considers it proper to do so, make an interim award to that person, and the making of an interim award to any person shall not be taken as preventing the making of a further interim award to the same person.
(a) the relevant prescribed maximum under section 6A , that applied to the person in respect of the application, at the time the application was lodged;
(b) the relevant prescribed maximum under section 6A , that applied to the person in respect of the application, at the time the application was determined by the Commissioner.
(1) Compensation must not be awarded under this Act –
(a) in respect of a death or injury caused by or arising out of the use of a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ; or
(b) by way of exemplary or vindictive damages or by way of aggravated damages; or
(c) for loss of, or damage to, property; or
(d) in relation to any matter referred to in section 4(2) , (3) or (4) for which compensation has been paid, or is payable, under a compensation law; or
(e) for expenses claimable –
(i) under Part II of the Health Insurance Act 1973 of the Commonwealth; or
(ii) from a health benefits organisation registered under the National Health Act 1953 of the Commonwealth.
(2) In subsection (1)(d) , compensation law means any other law of the State or any law of another State, a Territory of the Commonwealth or the Commonwealth that relates to the payment of compensation by an employer in respect of the death or injury of persons employed by the employer.
(b) a series of offences committed by the same offender; or
(c) a series of offences committed simultaneously or consecutively by offenders acting in concert.
(3) A different maximum amount may be prescribed for a primary victim in respect of a series of offences than that prescribed in respect of a single offence.
(d) any compensation order made against the person under section 7A of this Act.
(2) If an amount is deducted –
(a) under subsection (1)(a) , the penalty is to be treated as paid to the extent of that deduction; or
(b) under subsection (1)(b) , the levy is to be treated as paid to the extent of that deduction; or
(c) under subsection (1)(c) , the order is to be treated as discharged to the extent of that deduction; or
(d) under subsection (1)(d) , the order is to be treated as discharged to the extent of that deduction.
7
Procedure for determining applications for awards
7 Procedure for determining applications for awards
(1) [Section 7 Subsection (1) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] An application for an award shall be made to the Commissioner, and regulations under this Act may prescribe the manner in which the application is to be made, and the particulars to be furnished therewith, and may require the application to be accompanied by such statutory declaration as may be prescribed.
(3) Proof of conviction of any person for an offence shall, in relation to any application for an award, be taken to be conclusive of the fact that the offence has been committed, unless an appeal against the conviction is pending or a new trial has been directed.
(5) [Section 7 Subsection (5) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] In his consideration of an application for an award to any person the Commissioner may give directions requiring that person to appear before him in person and he may refuse to make the award if, without reasonable excuse, there is a failure or refusal to comply with the directions.
(6) [Section 7 Subsection (6) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] If he thinks it convenient to do so the Commissioner may, at any time, adjourn his consideration of an application for an award, and, in particular, may adjourn his consideration of such an application while legal proceedings are contemplated or being taken in relation to the criminal conduct to which the application relates.
(7) [Section 7 Subsection (7) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] Without prejudice to the provisions of subsection (6) , the Attorney-General may, at any time, apply to the Commissioner for the adjournment of the consideration by the Commissioner of an application for an award on the ground that a prosecution for an offence arising out of the conduct to which the application relates has been, or is about to be, brought; and on such an application, the Commissioner may adjourn the hearing for such period or in such manner as he thinks proper.
(a) whether or not the cause of action accrued before the amendment day; and
(b) whether or not a period of limitation under this section as in force before the amendment day, had, before the amendment day, expired in respect of the relevant offence.
(b) specify the date on which the award of compensation was made and the facts on which the award was based; and
(c) specify the crime to which the order relates; and
(d) state that the offender has 28 days in which to object to the order; and
(e) state that, if the offender does not object within the time stated, the order will be confirmed by the Commissioner and will become a fine payable under the Monetary Penalties Enforcement Act 2005 ; and
(f) state that, if the offender sends a notice of objection to the address provided within 28 days, the Commissioner will hear the offender as to why the order should not be confirmed; and
(g) contain any other particulars that may be prescribed by regulation.
(a) an offender charged with an offence pleads guilty to, or is found guilty of, that offence; or
(b) a finding is made in respect of the offence that the charge has been proved –
that offender is deemed, for the purposes of this section, to have been convicted of that offence, notwithstanding that the court hearing the matter does not proceed, or does not proceed immediately, to conviction.
publish or cause or allow to be published a report of any proceedings before the Commissioner on an application under this Act.
Penalty: Fine not exceeding 5 penalty units.
(3) Nothing in this section prohibits the publication of any matter by or under the authority of the Attorney-General, or by a person who, by virtue of his office, is authorised or required to make the publication.
9
Effect on other rights and remedies
9 Effect on other rights and remedies
(1) Subject to this section, the making in respect of any criminal conduct, of an award to a person does not affect the enforcement of any right or remedy that that person may have as a consequence of the criminal conduct.
(2) *[Section 9 Subsection (2) amended by No. 94 of 1984, s. 4 ]*Where, in respect of any criminal conduct, an award is made to any person and, as a consequence of that conduct, any sum is recovered by or for the benefit of that person by way of damages or compensation otherwise than under this Act, that sum shall be deemed to be held in trust for the Treasurer until the amount of the award has been repaid to him.
(2A) *[Section 9 Subsection (2A) inserted by No. 94 of 1984, s. 4 ]*Where, in respect of any criminal conduct –
(a) an award is made to a person under this Act;
(b) judgment is entered for the Crown in accordance with section 7A with respect to the award;
(c) a sum is recovered by or for the benefit of the person by way of damages or compensation as a consequence of the criminal conduct and is deemed to be held in trust for the Treasurer pursuant to subsection (2) ; and
(d) the Treasurer is paid an amount pursuant to subsection (2) out of the sum referred to in paragraph (c) –
the amount of the judgment debt shall be reduced by the sum paid to the Treasurer pursuant to subsection (2) .
(2B) *[Section 9 Subsection (2B) inserted by No. 15 of 1993, s. 6 ]*The Treasurer is to pay any amount paid to the Treasurer pursuant to subsection (2) into the Fund.
(3) If, in the circumstances of any particular case, the Attorney-General considers it just so to do the Treasurer shall relinquish, in whole or in part, the rights accrued or accruing to him under subsection (2) .
(f) such other amounts from such other sources as the Minister, with the approval of the Treasurer, may from time to time advance for the purposes of the Fund.
(3) Any amount required to be paid under an award is to be paid by the Treasurer from the Fund, and, subject to the terms of the award, if any amount is so required to be paid to a person who has died, it is to be paid to that person's legal representative.
(4) [Section 11 Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Where there is insufficient money in the Fund to meet the payment of an award made under this Act, there is to be paid into the Fund from the Public Account, without further appropriation than this section, such amount as will enable the award to be paid.
12
Exclusion of past criminal conduct
12 Exclusion of past criminal conduct
No award shall be made in respect of criminal conduct occurring before the commencement of this Act.
Part 3
Orders Over Property
Part 3 Orders Over Property
[Part 3 Inserted by No. 47 of 1996, s. 6 ]
Division 1
Interpretation of Part
Division 1 Interpretation of Part
13
Interpretation of Part
13 Interpretation of Part
In this Part, unless the contrary intention appears –
production order means an order of a magistrate under section 34 ;
property means real or personal property of every description, wherever situated and whether tangible or intangible, and includes an interest in such property;
property-tracking document means a document relevant to identifying, locating or quantifying property in respect of which a restraining order or forfeiture order has been made;
restraining order means an order of a judge under section 18 ;
For the purposes of this Part, a person is taken to have been convicted of a serious offence if the person has been charged with and convicted of the offence.
Division 2
Restraining orders
Division 2 Restraining orders
15
Interpretation of Division
15 Interpretation of Division
In this Division, defendant means a person who has been convicted of a serious offence or offences.
16
What is a restraining order?
16 What is a restraining order?
A restraining order is an order of a judge directing –
(a) that the property of a defendant is not to be disposed of, or otherwise dealt with, by any person except in such manner and in such circumstances, if any, as are specified in the order; and
(b) if the judge is satisfied that circumstances require it – that the Public Trustee or another person specified in the order is to take control of that property.
17
Application for restraining order
17 Application for restraining order
(1) The Director may apply to a judge for a restraining order in respect of a defendant's property.
(2) The Director is to give written notice of the application to the defendant and to such other persons as the Director reasonably believes may have an interest in the defendant's property.
18
Making of restraining order
18 Making of restraining order
(1) The judge may make the restraining order after receiving the application if satisfied that –
(a) applications have been, or are likely to be, made under this Act for awards of compensation in respect of the relevant serious offence or offences; and
(b) the total amount of the awards is likely to exceed $100 000; and
(c) the defendant is likely, in relation to the relevant serious offence or offences, to be the subject of proceedings for –
(i) statutory or common law damages; or
(ii) the recovery of compensation or other payments made under a contract of insurance or statutory or lawful obligation.
(2) The restraining order may be made regardless of whether there is a risk that the defendant or any other person may dispose of, or otherwise deal with, the subject property in a manner that might defeat the operation of this Division.
(3) If by the order the judge directs the Public Trustee or another person to take control of property, the order is sufficient authority for the Public Trustee or that other person to take control of the property.
(4) The restraining order may be made subject to such conditions as the judge thinks fit for the purposes of providing, out of the defendant's property, for –
(a) the reasonable living expenses of the defendant and any dependants of the defendant; and
(b) the payment of expenses necessary for the maintenance of assets of the defendant; and
(c) the defendant's reasonable expenses in defending a criminal charge.
19
Registration of a restraining order
19 Registration of a restraining order
(1) If the restraining order applies to property of a particular kind and a law of Tasmania provides for the registration of title to, or of charges over, property of that kind, the authority responsible for administering that law is, on the application of the Director, to record on the register kept under that law particulars of –
(a) the restraining order; and
(b) any extension or variation of the restraining order; and
(c) any order under section 21(3) made in relation to the restraining order.
(2) If the restraining order applies to land under the Land Titles Act 1980 , the order does not take effect until a priority notice has been lodged under that Act in relation to the order.
20
Penalty for contravening restraining order
20 Penalty for contravening restraining order
A person must not knowingly contravene a restraining order by disposing of, or otherwise dealing with, property that is subject to that order.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 500 penalty units; and
(b) an individual – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.
21
Setting aside dealing, &c., which contravenes restraining order
21 Setting aside dealing, &c., which contravenes restraining order
(1) The Director may apply to a judge to have a disposition of, or other dealing with, property set aside if –
(a) the property was subject to a restraining order at the time of the disposal or other dealing; and
(b) the property was disposed of, or otherwise dealt with –
(i) in contravention of the order; or
(ii) not for sufficient consideration; or
(iii) not in favour of a person acting in good faith.
(2) If the Director makes an application under this section in relation to a disposition of, or other dealing with, property –
(a) the Director is to give written notice of the application to each person who the Director reasonably believes may have acquired an interest in the property on or after the day on which the disposition or dealing took place; and
(b) a person so notified, and any person who claims to have acquired an interest in the property on or after the day on which the disposition or dealing took place, may appear and adduce evidence at the hearing of the application; and
(c) the judge may, at any time before the final determination of the application, direct the Director to give or publish notice of the application to a specified person or class of persons in such manner and within such time as the judge considers appropriate.
(3) If the Director makes an application under this section in relation to a disposition of, or other dealing with, property, the judge may make an order –
(a) setting the disposition or dealing aside as from the day on which it took place; or
(b) setting the disposition or dealing aside as and from the day of the order under this subsection and declaring the respective rights of any persons who acquired interests in the property on or after the day on which the disposition or dealing took place and before the day of the order.
22
Obstruction of Public Trustee, &c.
22 Obstruction of Public Trustee, &c.
(1) In this section, Public Trustee includes the Deputy Public Trustee and the officers, servants and agents of the Public Trustee.
(2) A person must not, without reasonable excuse, obstruct, hinder, threaten or intimidate the Public Trustee, or any other person, who is executing a restraining order.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 100 penalty units; and
(b) an individual – a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 2 years, or both.
23
Duration of restraining order
23 Duration of restraining order
(1) A restraining order remains in force for the period of 12 months immediately following the day on which it is made or for such greater period as is specified in the order.
(2) A judge may, on the application of the Director made at any time before a restraining order would otherwise expire, extend the period during which the order is in force.
(3) The Director is to give written notice of the application to the defendant.
24
Variation of restraining order
24 Variation of restraining order
(1) A judge may, by order made at any time before a restraining order would otherwise expire, vary the restraining order.
(2) An order under subsection (1) may be made on the application of –
(a) the Director; or
(b) the defendant; or
(c) if the order directs a person to take control of property – the person who is subject to that direction; or
(d) with the leave of the judge – any other person.
(3) A person who applies to have a restraining order varied is to give written notice of the application to each other person who is entitled by virtue of subsection (2) to make an application in relation to the order.
Division 3
Forfeiture orders
Division 3 Forfeiture orders
25
Application for forfeiture order
25 Application for forfeiture order
(1) If a person is convicted of a serious offence or offences after 3 October 1996, the Director may apply to a judge for a forfeiture order in respect of the person's property.
(2) The application is to be made before the end of the relevant application period in relation to the person's conviction.
(3) The relevant application period is the period of 6 months immediately following the day on which the person was convicted of the serious offence or offences.
(4) The Director is to give written notice of the application to the convicted person.
26
What is a forfeiture order?
26 What is a forfeiture order?
A forfeiture order is an order of a judge directing that the property of the convicted person in respect of whom it is made, or such part of the convicted person's property as is specified in the order, is forfeited to the State.
27
Making of forfeiture order
27 Making of forfeiture order
(1) The judge may make the forfeiture order as soon as practicable after receiving the application if satisfied that –
(a) applications have been, or are likely to be, made under this Act for awards of compensation in respect of the relevant serious offence or offences; and
(b) the total amount of the awards is likely to exceed $100 000; and
(c) the defendant is likely, in relation to the relevant serious offence or offences, to be the subject of proceedings for –
(i) statutory or common law damages; or
(ii) the recovery of compensation or other payments made under a contract of insurance or statutory or lawful obligation.
(2) To consider the application, the judge may have regard to the transcript of any relevant proceedings against the convicted person.
(3) The forfeiture order may be made subject to such conditions as the judge considers necessary or appropriate for providing, out of the defendant's property, for –
(a) the defendant's reasonable expenses in defending the criminal charges that led to the defendant being convicted of the relevant serious offence or offences; and
(b) the defendant's family; and
(c) any persons, other than family members, who depend on the defendant; and
(d) any business partners or associates of the defendant.
28
Effect of forfeiture order
28 Effect of forfeiture order
If the judge makes the forfeiture order –
(a) the property to which the order applies vests in the State –
(i) forthwith if it is property other than land; or
(ii) when it is registered under section 29 if it is land; and
(b) the property vests subject to every charge or encumbrance to which the property was subject immediately before the forfeiture order was made and, in the case of land, subject to every mortgage, lease or other interest to which the land was subject prior to the registration of the order under section 29 ; and
(c) if the property is not already in the possession of the State – the State may take possession of the property; and
(d) if the property is money – the State is entitled to pay the money into the victims fund.
29
Registration of State as owner of forfeited property
29 Registration of State as owner of forfeited property
If the forfeiture order applies to property of a particular kind and a law of Tasmania provides for the registration of title to, or of charges over, property of that kind –
(a) the State is, subject to section 28(b) , entitled to be registered as owner of the property; and
(b) the Attorney-General has power, on behalf of the State, to do or authorise the doing of anything necessary to obtain the registration of the State as owner of the property; and
(c) on the written application of the Attorney-General accompanied by a sealed copy of the order, the authority responsible for administering that law is, subject to section 28(b) , authorised and required to register the State as owner of the property.
30
Control of property subject to forfeiture order
30 Control of property subject to forfeiture order
(1) Except with the leave of a judge, the State is not to dispose of or otherwise deal with property that has vested in the State under a forfeiture order, or authorise any person to dispose of or otherwise deal with that property, before the end of the appeal period.
(2) If a forfeiture order remains undischarged at the end of the appeal period, the property to which the order applies may –
(a) in the case of money – be paid into the victims fund if it has not previously been paid into that fund; or
(b) in the case of property other than money – be disposed of, or otherwise dealt with, in accordance with directions of the Attorney-General, or of a person authorised by the Attorney-General, and any proceeds paid into the victims fund.
(3) For the purposes of subsections (1) and (2) , the appeal period ends when an appeal may no longer be lodged against the conviction in reliance on which the order was made or, if such an appeal is lodged, when the appeal is finally determined.
31
Discharge of forfeiture order
31 Discharge of forfeiture order
(1) A forfeiture order is discharged if the conviction in reliance on which the order was made is subsequently quashed.
(2) If the court that quashes the conviction also orders a new trial and the property that was subject to the discharged forfeiture order is still subject to a restraining order, the court may extend the period during which that restraining order is in force.
(3) On the discharge of a forfeiture order, the person whose property was subject to the order may apply in writing to the Attorney-General for its return if it is not subject to a restraining order.
(4) On receiving the application, the Attorney-General is to –
(a) cause the property to be returned to the applicant if it is still in the possession of the State; or
(b) pay the applicant the amount realised on disposal of the property in any other case.
(5) The Attorney-General is to give notice of the discharge of a forfeiture order to each authority that registered the order pursuant to section 29 .
Division 4
Production orders
Division 4 Production orders
32
Interpretation of Division
32 Interpretation of Division
In this Division, defendant means a person whose property is subject to a restraining order or forfeiture order.
33
Application for production order
33 Application for production order
The Director may apply to a magistrate for a production order against a person if –
(a) a forfeiture order or restraining order is in force against property of a defendant; and
(b) the Director suspects on reasonable grounds that the person against whom the order is sought has possession or control of a property-tracking document in relation to the defendant's property.
34
Making of production order
34 Making of production order
(1) Subject to this section, a magistrate to whom an application under section 33 is made may make a production order against the person to whom the application relates, being an order that the person –
(a) produce to the Director any property-tracking document relating to the property of the defendant that is in the person's possession or under the person's control; or
(b) make available to the Director for inspection any property-tracking document relating to the property of the defendant that is in the person's possession or under the person's control.
(2) The magistrate is not to make the production order unless –
(a) the Director has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the order is sought; and
(b) the magistrate is satisfied that there are reasonable grounds for making the order.
(3) A production order may require that accounting records used in the ordinary course of banking, including ledgers, daybooks, cashbooks and account books, are to be made available for inspection but is not to require the production of any such records.
(4) A production order that requires a person to produce a document to the Director is to specify the time and place at which the document is to be produced.
(5) A production order that requires a person to make a document available for inspection by the Director is to specify the time or times at which the document is to be made available for that purpose.
35
Dealing with documents under production order
35 Dealing with documents under production order
(1) If a document is produced to the Director pursuant to a production order, the Director may do any one or more of the following:
(a) inspect the document;
(b) take extracts from the document;
(c) make copies of the document;
(d) retain the document if, and for so long as, retention of the document is reasonably necessary for the purposes of this Part.
(2) If a document is made available to the Director for inspection pursuant to a production order, the Director may do any one or more of the following:
(a) inspect the document;
(b) take extracts from the document;
(c) make copies of the document.
(3) If the Director retains a document under this section, the Director, at the request of the person against whom the relevant production order was made, is to –
(a) give the person a copy of the document that has been certified by the Director as a true copy; or
(b) where the person has not been given a copy of the document under paragraph (a) – permit the person to do any one or more of the following:
(i) inspect the document;
(ii) take extracts from the document;
(iii) make copies of the document.
36
Certain matters do not excuse contravention of order
36 Certain matters do not excuse contravention of order
(1) A person is not excused from a requirement to produce a document or make a document available under a production order on the ground that producing the document or making it available –
(a) may tend to incriminate the person or render the person liable to a penalty; or
(b) would be in breach of a statutory or other obligation of the person not to disclose the existence or contents of the document.
(2) If a person produces a document or makes it available under a production order, the production or making available of the document, or of any information, document or thing obtained as a direct or indirect consequence of the production or making available of the document, is not admissible against the person in any criminal proceedings other than proceedings under section 37 .
(3) For the purposes of subsection (2) , proceedings on an application for a restraining order or forfeiture order are not criminal proceedings.
37
Contravention of production order
37 Contravention of production order
A person who is required by a production order to produce a document to the Director or make a document available for inspection by the Director must not –
(a) contravene the order without reasonable excuse; or
(b) in purported compliance with the order – produce or make available a document known to the person to be false or misleading in a material particular without –
(i) indicating to the Director that the document is false or misleading in that material particular and in what respect it is false or misleading; and
(iii) providing the correct information to the Director if the person is in possession of, or can reasonably acquire, the correct information.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 500 penalty units; and
(b) an individual – a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 5 years, or both.
(a) all property in the form of money that is forfeited to the State under this Part; and
(b) all the proceeds from the sale of property, other than money, that is forfeited to the State under this Part.
(3) The money and proceeds paid into the account under this Part in respect of a person convicted of a serious offence or offences are to be used for the benefit of the victim or victims of that offence or those offences in such manner as the Attorney-General directs.
(5) A payment from the account is to be made by the Treasurer on the advice of the Attorney-General.
Part 4
Miscellaneous
Part 4 Miscellaneous
[Part 4 Inserted by No. 47 of 1996, s. 6 ]
39
Form of applications under Part 3
39 Form of applications under Part 3
No special form is required for an application under Part 3 .
40
Dealing with special money under Part 3
40 Dealing with special money under Part 3
For the purposes of Part 3 , money may be regarded and dealt with by a judge and other persons in the same manner as property other than money if that money –
(a) is in the form of coins or banknotes that, even if legal tender, have historical, numismatic or other special significance; or
(b) is in the form of foreign currency; or
(c) is in such other form as may be prescribed.
40A
Protection from liability
40A Protection from liability
[Section 40A Inserted by No. 43 of 2006, s. 68, Applied:18 Dec 2006] A Commissioner is not liable, and an action does not lie against him or her, on account of anything done under the authority of this Act, or done in good faith purportedly under the authority of this Act, or on account of any omission made in good faith in the administration of this Act.
40B
Effect of Victims of Crime Assistance Amendment Act 2023
40B Effect of Victims of Crime Assistance Amendment Act 2023
(1) The amendments to this Act made by the Victims of Crime Assistance Amendment Act 2023 apply to the determination of an application under this Act, whether or not the application was made before or after the day on which the amendments took effect.
(2) Any determination made by the Commissioner in relation to an application for an award of compensation under this Act is not invalid solely on the basis that the total amount awarded to a person under the application exceeded the relevant prescribed maximum under section 6A , that applied to the person at the time at which the application was lodged, if –
(a) the determination was made by the Commissioner on or after 15 December 2021; and
(b) the total amount awarded by the Commissioner in relation to the person did not exceed the relevant prescribed maximum under section 6A , that applied to the person in respect of the application, that was in force at the time at which the application was determined by the Commissioner.
41
Regulations
41 Regulations
[Section 13 Repealed by No. 47 of 1996, s. 7 ]
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , the regulations may provide for any matter that is necessary or expedient in relation to applications for, and the granting, administration and execution of, restraining orders, forfeiture orders and production orders under Part 3 .
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 [Part 1 Heading inserted by No. 47 of 1996, s. 4 ]Preliminary
Part 1 [Part 1 Heading inserted by No. 47 of 1996, s. 4 ]Preliminary
1 Short title and commencement
1 Short title and commencement
(1) [Section 1 Subsection (1) amended by No. 23 of 2005, s. 4, Applied:24 Jun 2005] This Act may be cited as the Victims of Crime Assistance Act 1976 .
(2) This Act shall commence on a date to be fixed by proclamation.
2 Interpretation
2 Interpretation
(1) *[Section 2 Subsection (1) amended by No. 15 of 1993, s. 4 ]*In this Act, unless the contrary intention appears –
award means an award of compensation under this Act;
[Section 2 Subsection (1) amended by No. 10 of 2001, s. 4, Applied:24 Oct 2001]Commissioner means –
(a) a person appointed as a Criminal Injuries Compensation Commissioner under section 2A(1) ; or
(b) a person referred to in section 2A(3) ;
criminal conduct means –
(a) [Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005] an act referred to in section 4(1)(a) ; or
(b) [Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005] any act of a person referred to in section 4(1)(b) as a result of which an award may be made;
dependant, in relation to a victim dying as the result of criminal conduct, means any person who at the time of the death was wholly or mainly dependent upon the victim or would have been so dependent but for the total or partial incapacity suffered by the victim since the injury from which the death resulted, and includes any child of the victim born after his death;
The Act provides production-order powers to compel documents relevant to identifying and quantifying property (sections 33-35) with specified protections and non‑admissibility in subsequent criminal proceedings (section 36).
Finality and confidentiality: determinations by the Commissioner are final (section 10) and proceedings before the Commissioner are private with publication restrictions (section 8).
Who writes the cheques and who bears the risk:
Awards are paid from the Criminal Injuries Compensation Fund held in the Public Account (section 11). The Fund is topped by recovered judgments, amounts paid to the Treasurer, parliamentary appropriation, Crime (Confiscation of Profits) credits and compensation levies (section 11(2)). If the Fund lacks sufficient money, the Public Account must supply the shortfall without further appropriation (section 11(4)).
This summary lists the mechanical changes the Act effects; later sections test the consequences for incentives, compliance burden, decision-making discretion, recovery mechanics and interactions with other statutes.
Main concepts
The Act organises a set of discrete concepts that determine entitlement, process and enforcement. Core definitions and relationships are in section 2 and in Part 3 definitions (section 13).
Key legal concepts:
Criminal conduct and offence: section 2 defines "criminal conduct" by reference to section 4(1) acts that constitute or would have constituted an offence, and adds defined categories in relation to specified Criminal Code offences (section 2(1), and the definition of "offence" in section 2(1) which references particular Criminal Code provisions). The Commissioner must be satisfied the death or injury resulted from criminal conduct on the balance of probabilities (section 5(2)).
Categories of victims: the Act separates primary victims (persons against whom an offence is committed), secondary victims (witnesses and parents/guardians of primary victims under 18) and related victims (family members and persons in a personal relationship) (section 2(1)). Different heads of loss are permitted depending on category (section 4(2)-(4)).
Heads of compensation: section 4 itemises compensable items for primary, secondary and related victims: actual reasonable expenses, future medical and psychological services the Commissioner is satisfied will be required, loss of wages, pain and suffering, funeral expenses (introduced by amendment and limited by commencement condition, section 4(1A)-(1B)), and expenses reasonably incurred in claiming compensation (section 4).
Limits: the Act caps aggregate awards per criminal conduct by reference to prescribed maximums (section 6A(1)). The Commissioner may, however, pay specified future care amounts in addition to the prescribed maximum (section 6A(4)).
Offsets and exclusions: the Commissioner may refuse or adjust awards where an adequate civil remedy exists, and must take into account amounts recovered or likely to be recovered in civil proceedings (section 5(4)-(5)). The Act excludes motor vehicle incidents, property loss, exemplary damages, and matters already compensated under other compensation laws or specified Commonwealth health benefit schemes (section 6(1)(a)-(e)).
Recovery from offenders: where an offender is convicted the Commissioner is required to make a provisional order directing the offender to pay the award to the Crown; the offender has 28 days to object, and, if unchallenged, the order is confirmed and becomes enforceable as a fine under the Monetary Penalties Enforcement Act (section 7A(2)-(4G)). The Act directs amounts recovered under section 7A to be paid into the Criminal Injuries Compensation Fund (section 7A(5)).
Property preservation and forfeiture regime: Part 3 authorises restraining orders (sections 16-24) to freeze a defendant’s property and, subject to processes and thresholds, forfeiture orders (sections 25-31) that vest property in the State. The Director of Public Prosecutions brings these applications (sections 17 and 25). A monetary threshold (likely awards exceeding $100,000) is required for both restraining and forfeiture orders (sections 18(1)(b), 27(1)(b)).
Production orders and document powers: the Director may seek production orders from a magistrate for property-tracking documents (sections 33-35). The Act limits compulsion of bank accounting records to inspection rather than production (section 34(3)) and provides limited privilege protections: production is not excused by self-incrimination, but material produced cannot be used against the provider in criminal proceedings except under section 37 (section 36).
Confidentiality and finality: proceedings before the Commissioner are in private and publication is prohibited with a penalty (section 8). Decisions of the Commissioner are final and not subject to appeal (section 10).
These concepts form an integrated scheme: state funding to meet victims’ economic losses, coupled with parallel mechanisms to preserve and recover assets from convicted offenders and channel proceeds back to victims. The Act uses administrative discretion (Commissioner and judges) within statutory thresholds and procedural safeguards.
Who it affects
The Act creates obligations and entitlements for multiple parties. Identify who pays, who decides, and who bears compliance costs.
Primary affected groups:
Victims and potential claimants: primary victims, secondary victims and related victims are the class eligible for awards (section 2(1); section 4). They must apply to the Commissioner (section 7(1)). Time limits apply: an application must ordinarily be made within three years of the offence (section 7(1A)), with special rules for victims who are minors (section 7(1B)) and an explicit exception for allegations of child sexual abuse (section 7(1D)). Victims face procedural requirements such as furnishing particulars and possibly statutory declarations as prescribed by regulation (section 7(1)).
Offenders and defendants: persons whose acts constitute criminal conduct may be required to pay awards by provisional order if convicted (section 7A(2)). Convicted persons may also have property subject to restraining orders (if applications are likely to lead to awards exceeding $100,000, section 18(1)) and forfeiture orders (section 27), which can vest property in the State (section 28). Offenders face obligations to respond to provisional orders within 28 days (section 7A(4)-(4C)) and may apply to object; failure to do so leads to confirmation and conversion into a fine recoverable under the Monetary Penalties Enforcement Act (section 7A(4F)-(4G)). Offenders’ financial means are a factor upon varying an order (section 7A(4H)).
Director of Public Prosecutions: the Director may apply for restraining orders (section 17), forfeiture orders (section 25) and production orders (section 33). The Director must give notice of applications to affected persons (sections 17(2), 25(4), 21(2)(a)). The Director can seek setting aside of dispositions that contravene restraining orders (section 21).
The Commissioner: appointed by the Minister (section 2A(1)). The Commissioner exercises broad discretion on awards (section 5(1)), makes provisional recovery orders following convictions (section 7A(2)), may deduct amounts from awards (section 6B), and must handle application and timing obligations (section 7).
Judges and magistrates: judges make restraining and forfeiture orders, and determine conditions (sections 16, 18, 27). Magistrates hear production order applications and require reasonable grounds and further particulars (section 34(1)-(2)). Judges control registration and variation, and are the decision-makers on setting aside contravening dealings (sections 19, 24, 21). The Attorney‑General can apply to the Commissioner for an adjournment where prosecution is pending (section 7(7)).
Public Trustee and other custodians: restraining orders can direct the Public Trustee or another person to take control of property (section 16(b)); obstructing the Public Trustee during execution of a restraining order is an offence (section 22).
State financial officers: the Treasurer funds awards from the Criminal Injuries Compensation Fund and must top up the Fund from the Public Account if insufficient funds exist (section 11(3)-(4)). The Attorney-General directs the use of proceeds in the victims fund (section 38(3)-(5)). The Attorney‑General also has registration powers to register the State as owner of forfeited property (section 29(b)-(c)).
Indirectly affected entities:
Insurers and persons with competing civil remedies: the Commissioner must take account of civil recoveries and insurance recoveries and may refuse or reduce awards where adequate remedies exist (section 5(4)-(5)). Bodies holding title interest registers must record restraining orders on application by the Director (section 19(1)).
Financial institutions and record holders: production orders (sections 33-35) can require production or inspection of property-tracking documents; bank accounting records may be inspected but not compelled for production (section 34(3)).
Who decides and who pays:
The Commissioner decides eligibility and amount (section 5(1)); decisions are final (section 10). The Minister appoints Commissioners (section 2A(1)). The Treasurer pays awards (section 11(3)) from the Criminal Injuries Compensation Fund that is replenished by recovered amounts and other specified sources (section 11(2)). The Director of Public Prosecutions decides applications for orders in Part 3 (sections 17 and 25).
Compliance burdens and risk allocation:
Applicants must observe time limits (section 7), provide particulars and possibly statutory declarations (section 7(1)), and may be required to appear before the Commissioner (section 7(5)). Third parties must respond to production orders and face penalties for contravention (section 37). Convicted offenders face potential asset restraint and recovery actions. Public authorities (registries, Public Trustee) have duties to register, take control, and administer property under orders.
Key duties and rights
The Act allocates decision-making power, imposes duties on public officials and private parties, and confers rights on claimants and other affected persons. Below is a practical mapping of principal duties and rights with section references.
Duties of decision-makers and public officials:
Commissioner: exercise discretion on awards, have regard to relevant circumstances, be satisfied on balance of probabilities of causal link to criminal conduct (sections 5(1)-(2)); may make interim awards when insufficient information exists (section 5(6)); may impose conditions and trusts upon awards (section 5(7)); must make a provisional recovery order where an offender is convicted (section 7A(2)); serve notice of such orders and follow the objection/confirmation process (sections 7A(3)-(4F)); deduct specified amounts from awards as permitted (section 6B).
Minister: may appoint Commissioners who are lawyers of at least five years’ standing and set terms and conditions (section 2A(1)-(2)).
Director of Public Prosecutions: apply for restraining orders (section 17) and forfeiture orders (section 25) and production orders (section 33); give notice of applications to affected persons (sections 17(2), 25(4), 21(2)(a)); may apply to set aside dealings that contravene restraining orders (section 21).
Judges and magistrates: judges may make restraining and forfeiture orders and attach conditions for defendant’s living and legal expenses (sections 16, 18(4), 27(3)); magistrates may make production orders where reasonable grounds exist and further particulars have been provided (section 34(1)-(2)); registries must record orders on title registers when law provides for registration (section 19(1)); the Attorney-General may register State ownership for forfeiture (section 29).
Treasurer: pay awards from the Fund and, if necessary, top up from Public Account without further appropriation (section 11(3)-(4)); pay amounts into the Fund when recovered under section 7A or under section 9(2) (sections 7A(5), 9(2), 11(2)(a)-(b)).
Rights and procedural protections:
Applicants (victims): entitled to appear and be heard before the Commissioner personally or by an approved representative (section 7(4)); entitled to statutory time limits and extensions by the Commissioner where special circumstances justify (section 7(1A)-(1C)); where an application is determined within three years of lodgement or extended, the Commissioner must determine within three years of the application (section 7(8)-(9)); an applicant whose award terms are consented to remains entitled to be heard on matters other than the quantum (section 7(10)).
Offenders: entitled to service and to object to provisional orders within 28 days with written grounds of objection (section 7A(3)-(4C)); if objection filed the Commissioner must hear the offender and may confirm, vary or revoke the provisional order (section 7A(4E)-(4F)); where the Commissioner varies a provisional order the offender’s financial means may be taken into account (section 7A(4H)); forfeiture applicants have rights to notice and the court must consider transcript of proceedings (section 27(2)).
Third parties and good-faith purchasers: when the Director applies to set aside dealings that contravened a restraining order, persons who may have acquired an interest are to be notified and may appear and adduce evidence (section 21(2)(a)-(b)); the judge may protect rights and declare respective rights of persons acquiring interests between contravening dealing and the order (section 21(3)).
Production order protections: production is not excused by self-incrimination or other confidentiality obligations, but material produced (and information derived from it) is not admissible against the producing person in criminal proceedings other than section 37 prosecutions (section 36(1)-(2)). The Act limits compelled production of ordinary bank accounting records to inspection rather than forced copying (section 34(3)).
Specific statutory limitations and conditions:
Time limits: standard three-year claim limitation (section 7(1A)); minor victims get later starting point (section 7(1B)); Commissioner can extend for special circumstances (section 7(1C)). Exception for child sexual abuse applications (section 7(1D)).
Offsets and prior remedies: Commissioner may refuse an award where an adequate civil remedy exists, and must take into account amounts recovered or likely to be recovered (section 5(4)-(5)). Where funds are recovered via civil means after an award, such sums are deemed held in trust for the Treasurer until the award is repaid (section 9(2)), with the Treasurer paying recovered sums to the Fund (section 9(2B)).
Financial limits and deductions: prescribed maximums limit aggregate awards per criminal conduct (section 6A); the Commissioner may deduct certain Crown penalties, compensation levies and unpaid compensation orders from awards (section 6B).
Decision finality and confidentiality:
Decisions of the Commissioner are final with no right of appeal (section 10). Proceedings before the Commissioner are private and publication of reports of proceedings is prohibited, with a monetary penalty (section 8(1)-(2)). These features curtail routine appellate and public scrutiny channels and concentrate final decision power in the Commissioner and judicial officers for Part 3 orders.
Penalties and enforcement
The Act contains criminal and civil enforcement measures designed to ensure compliance with restraining and production orders, and mechanisms to recover compensation from offenders.
Penalties for contravention:
Restraining order contravention: knowingly contravening a restraining order by disposing of or dealing with property subject to it is an offence. Penalties differ by offender type: for bodies corporate a fine not exceeding 500 penalty units; for individuals a fine not exceeding 100 penalty units or imprisonment up to 5 years, or both (section 20).
Obstruction of Public Trustee: without reasonable excuse, obstructing, hindering, threatening or intimidating the Public Trustee or officers executing a restraining order is an offence. Penalties: corporate fine up to 100 penalty units; individual fine up to 20 penalty units or imprisonment up to 2 years, or both (section 22).
Production order contravention: failing without reasonable excuse to comply with a production order, or producing a document known to be false or misleading without indicating that and providing correct information (if available), is an offence. Penalties: corporate fine up to 500 penalty units; individual fine up to 100 penalty units or imprisonment up to 5 years, or both (section 37).
Enforcement mechanisms and recovery:
Recovery from offenders: section 7A mandates that where an award is made and the offender is convicted, the Commissioner is to make a provisional order directing the offender to pay the whole of the compensation awarded (section 7A(2)). The Commissioner must serve notice and allow 28 days to object (sections 7A(3)-(4)); where no objection is lodged the Commissioner confirms the order (section 7A(4A)-(4F)). A confirmed or varied order becomes a fine payable under the Monetary Penalties Enforcement Act 2005 (section 7A(4G)), and the Commissioner must provide a sealed copy electronically to the Director, Monetary Penalties Enforcement Service (section 7A(4J)-(4K)). Amounts recovered under section 7A are paid into the Fund (section 7A(5)).
Deductions from awards: the Commissioner may deduct from an award Crown pecuniary penalties owing by the person, compensation levies under the Victims of Crime Compensation Act 1994, unpaid compensation orders under Sentencing Act 1997 s68, and compensation orders made under s7A of this Act (section 6B(1)-(2)). Deductions are treated as payment or discharge to that extent (section 6B(2)).
Forfeiture and vesting: where a judge makes a forfeiture order the property specified vests in the State immediately if not land, or upon registration if land (section 28(a)). The State may take possession (section 28(c)) and money vests and can be paid into the victims fund (section 28(d)). The Attorney-General may then direct disposal and payment of proceeds to the victims fund (section 30(2)(b)), subject to the appeal period constraints (section 30(1)-(3)). The Act requires the Attorney-General to give notice of discharge of forfeiture to registries (section 31(5)).
Setting aside contravening dealings: the Director may seek orders to set aside dispositions that contravened a restraining order where the disposition was in contravention, not for sufficient consideration, or not in favour of a person acting in good faith (section 21(1)-(3)). The judge may set the dealing aside and declare rights between parties affected by the dealing.
Registration obligations: where a restraining or forfeiture order applies to property for which a Tasmanian law provides registration, the responsible authority must record particulars of the order on the register on application by the Director, and in the case of land a priority notice is required for a restraining order to take effect (section 19(1)-(2), section 29).
Administrative enforcement and public funds:
Criminal Injuries Compensation Fund: payments under awards are drawn from the Fund (section 11(3)), which receives recovered amounts, parliamentary appropriations, Crime (Confiscation of Profits) Account credits and compensation levies (section 11(2)). If the Fund lacks sufficient money the Treasurer is required to make up the amount from the Public Account without further appropriation (section 11(4)). This creates a backstop in public finances for honoured awards.
Procedural safeguards tied to enforcement:
Offenders have procedural rights in provisional order proceedings: a 28‑day objection window, a right to be heard if they object, and factors available to the Commissioner on variation, including offender means (section 7A(4)-(4H)). Where the offender does not object the Commissioner may confirm without hearing (section 7A(4A), (4D)).
Interplay with other enforcement regimes:
A confirmed or varied provisional order becomes a fine enforceable under the Monetary Penalties Enforcement Act 2005 (section 7A(4G)). Forfeited property registration and disposal interact with land and title registration mechanisms (sections 19 and 29). The Fund receives proceeds from Crime (Confiscation of Profits) Act 1993 credits as authorised by that Act (section 11(2)(d)).
How it interacts with other laws
The Act explicitly cross-references several other statutes and provides rules that displace, overlap or coordinate with other statutory regimes.
Statutory cross-references and exclusions:
Vehicle and Traffic Act 1999: the Act excludes compensation for death or injury caused by or arising out of the use of a motor vehicle within the meaning of that Act (section 6(1)(a)). This allocates motor vehicle incidents to other statutory schemes.
Commonwealth health legislation: the Act excludes compensation for expenses claimable under Part II of the Health Insurance Act 1973 or from a health benefits organisation registered under the National Health Act 1953 (section 6(1)(e)). This prevents duplication with Commonwealth health benefit entitlements.
Compensation law concept: the Act defines "compensation law" to include other laws relating to employer compensation, and prevents awards that duplicate compensation paid under such laws (section 6(2) and section 6(1)(d)). The Commissioner must take into account amounts recovered by way of damages or compensation in other proceedings (section 5(4)-(5)).
Sentencing Act 1997: unpaid compensation orders under section 68 of the Sentencing Act are specifically deductible from awards (section 6B(1)(c)).
Monetary Penalties Enforcement Act 2005: confirmed or varied provisional orders against offenders become fines payable under that Act (section 7A(4G)), with the Commissioner required to provide a sealed copy to the Director, Monetary Penalties Enforcement Service (section 7A(4J)-(4K)).
Crime (Confiscation of Profits) Act 1993: the Fund may receive money standing to the credit of the Crime (Confiscation of Profits) Account in accordance with section 79(7) of that Act (section 11(2)(d)). The Act therefore coordinates seizure and confiscation proceeds with victims compensation funding.
Land Titles Act 1980: a restraining order applying to land does not take effect until a priority notice is lodged under the Land Titles Act (section 19(2)). Forfeiture registration also interfaces with land title registration (section 29).
Victims of Crime Compensation Act 1994: the Act contemplates compensation levies under that statute being payable and deductible from awards (section 6B(1)(b); section 11(2)(e)).
Relationships Act 2003 and Criminal Code: definitions for "related victim" (section 2(1)) and "serious offence" in Part 3 (section 13) reference those Acts to determine who qualifies and what offences trigger Part 3 powers.
Procedural interactions:
Attorney-General powers and prosecutorial timing: the Attorney-General may apply for adjournment of a Commissioner’s consideration on the ground that prosecution has been or will be brought (section 7(7)). This coordinates criminal prosecutions and administrative compensation decisions.
Finality and judicial review: the Act makes decisions of the Commissioner final and non‑appealable (section 10). This limits ordinary appellate routes and privileges speedier administrative resolution, but the Act does not specify or foreclose prerogative or judicial review remedies (the text supplied contains only the finality clause).
Non‑admissibility protections: documents produced under production orders are not admissible against the producing person in criminal proceedings other than section 37 prosecutions (section 36(2)). Proceedings on restraining or forfeiture orders are not criminal proceedings for the purposes of that protection (section 36(3)), so material may be used in civil or forfeiture proceedings.
Priority and coordination effects:
The Act prioritises payments out of the Criminal Injuries Compensation Fund for awards (section 11(3)), but also channels recovered amounts back into the Fund (sections 7A(5), 9(2B), 11(2)). Forfeited and realised property proceeds are routed to a victims fund to be used as the Attorney‑General directs (sections 28(d), 38(2)-(5)). These mechanisms coordinate confiscation and victims compensation to recycle proceeds into victim support.
Where civil damages are recovered after an award, those sums are deemed held in trust for the Treasurer until the award has been repaid (section 9(2)), and the Treasurer is to pay any such recovered amount into the Fund (section 9(2B)). This creates subrogation-style interaction between civil recoveries and state-funded awards.
Regulatory interaction and delegation:
Regulations: the Governor may make regulations for the Act generally and specifically for matters necessary for Part 3 administration (section 41). Regulations can therefore fill procedural gaps and implement interactions with registry and title systems.
Taken together, the Act is explicitly designed to sit alongside criminal law, civil compensation, land and registry schemes, Commonwealth health benefits, sentencing compensation orders and confiscation regimes. It allocates some matters exclusively to other statutory schemes (motor vehicle incidents, Commonwealth health claims), coordinates recovery and confiscation proceeds into compensation funding, and provides mechanisms to protect title and pursue property connected to serious offending.
Amendment history
The Act’s text contains numerous amendment annotations. The inserted and altered provisions indicate piecemeal reforms to expand eligibility, create Part 3 powers, adjust procedural provisions and modernise recovery mechanisms. Below is a chronological mapping of amendments as recorded in the provided text, with cross‑references to the affected provisions.
Pre‑1996 and 1996 changes:
No. 94 of 1984: inserted section 7A dealing with recovery from offenders (noted as "Section 7A Inserted by No. 94 of 1984, s. 3"), and related subsections in section 9 (section 9(2) and (2A) notation). These establish the Crown’s recovery route and trust mechanism for civil recoveries.
No. 47 of 1996: expressly inserted Part 3 and Part 4 (the heading indicates Part 3 and Part 4 were inserted by No. 47 of 1996, s. 6 and s. 7 repealing a regulation section). Part 3 introduces restraining, forfeiture and production order regimes.
1990s:
No. 24 of 1991: substituted and inserted subsections in section 4 (s4(7) substituted; s4(8) and (9) inserted) indicating mid-1990s amendments to the basis of awards.
No. 15 of 1993: amended section 11 (establishing the Fund) (section 11 noted "Substituted by No. 15 of 1993, s. 7"), and inserted section 40A protections later in 2006 referenced as being inserted by a later Act.
No. 89 of 1994 and No. 94 of 1984 earlier changes are referenced in section 11 and section 7A.
2000s and early 2010s:
No. 10 of 2001: multiple amendments including inserting section 2A (appointment of Commissioners) and changes to section 5 and others (the text marks many s. 10 of 2001 amendments across the Act). Section 3 was substituted by No. 10 of 2001 to remove an application of Supreme Court Act provision to Registrar functions.
No. 23 of 2005: substantial rewrite and substitution of core provisions (section 4 substituted, various changes to section 5, section 6 replaced and section 6A and 6B inserted, section 7 amendments). These amendments crafted the prescribed maximum and limits framework (section 6A) and added deductions (section 6B).
No. 43 of 2006: inserted section 40A protecting Commissioners from liability (section 40A inserted by No. 43 of 2006).
No. 66 of 2007 and No. 76 of 2003: amendments affecting definitions in Part 3 (section 13) including definition of Director and production order definitions.
2012:
No. 13 of 2012: amended section 7A processes significantly (subsections dealing with notice, objection, confirmation and sealing were substituted and inserted, s7A(3) onwards), modernising the recovery order and enforcement interface with the Monetary Penalties Enforcement Act and adding procedural protections and electronic delivery requirements (sections 7A(4J), 4K).
2015:
No. 27 of 2015: inserted section 4(1A)-(1B) (funeral expenses) and amended section 6A with subsections about funeral expense maximums; adjustments to prescribed maximums across victim categories and clarifications about series-of-offences treatment (section 6A(1A)-(1B), (2), (3), (4)).
No. 38 of 2015: added an electronic form reference in section 8(2)(ab) to expand publication prohibitions to electronic media.
2017-2019:
No. 36 of 2017 and No. 4 of 2017: amendments to definitions and appointments (section 2A, section 2(1) and section 11 referencing the Fund were amended), with No. 4 of 2017 noting schedule changes applied 1 July 2019.
No. 90 of 1999 earlier amendments are referenced via footnotes as having changed subsection numbering and wording.
2023:
No. 2 of 2023 (Justice Miscellaneous (Royal Commission Amendments) Act 2023): amended section 7 to insert subsections (1D) and other transitional provisions (section 7(11)-(12)) related to the amendment day and treatment of past causes of action, and adjusted the limitation regime to exclude child sexual abuse claims from the ordinary limitation period (section 7(1D)).
No. 32 of 2023 (Victims of Crime Assistance Amendment Act 2023): inserted section 5(10) and section 40B, affecting how prescribed maximums are applied and saving determinations made from 15 December 2021 with respect to exceeding prior prescribed maximums. Section 40B(1) provides that the amendments apply to determinations whether applications were made before or after commencement, and section 40B(2) provides a limited validation for determinations made on or after 15 December 2021 that exceeded the prescribed maximum at lodgement if they did not exceed the prescribed maximum at determination.
Other scattered amendments:
Various numbered Acts and Schedules are cited across the text (No. 94 of 1984, No. 24 of 1991, No. 15 of 1993, No. 89 of 1994, No. 47 of 1996, No. 90 of 1999, No. 10 of 2001, No. 23 of 2005, No. 43 of 2006, No. 66 of 2007, No. 76 of 2003, No. 13 of 2012, No. 27 of 2015, No. 36 of 2017, No. 4 of 2017, No. 2 of 2023, No. 32 of 2023). Several sections carry explicit notes about applied dates.
What the amendment pattern shows:
The Act has evolved from an initial compensation focus to incorporate robust recovery and forfeiture mechanisms (Part 3 additions in 1996), introduced ceilings on awards and deductions (2005), adjusted procedural protections and appointment arrangements (2001, 2012), and accounted for modern enforcement channels (2012 enforcement via Monetary Penalties Enforcement Act), and recent policy adjustments on funeral expenses and limitation exceptions for child sexual abuse (2015 and 2023 changes). Section 40B (No. 32 of 2023) introduces retrospective application and limited validation for determinations made under transitional circumstances.
This mapping uses only amendment citations and dates recorded within the supplied text and links those amendments to the statutory provisions they changed.
Litigation history
The supplied statute text contains no judicial decisions, reported litigation summaries or case law citations that interpret the Act. The Act itself records only cross-references to provisions in other Acts and internal provisions; it does not list any judicial determinations.
Practical implications of the statutory text for litigation and review:
The Act makes the Commissioner’s decisions final and non‑appealable (section 10). That statutory finality means conventional appeals from administrative determinations under this Act are not available. The Act does not in the supplied text expressly address judicial review jurisdiction; the text only states that no appeal lies from a Commissioner decision (section 10). The absence of appeal rights is a substantive feature and will affect any litigation strategy: challenges directly under appeal grounds are foreclosed by section 10, though the text does not comment on prerogative relief or constitutional remedies.
Part 3 proceedings (restraining and forfeiture orders) are judicial in character: judges make orders and may set aside dealing (sections 16-21, 27-31). Those orders are made by judges, and the Act sets out the processes for notice, registration and application periods (sections 17, 19, 25). The supplied text does not provide statutory appeal routes for forfeiture or restraining orders; standard criminal or civil appeal mechanisms in Tasmanian law (not set out in the supplied Act text) would govern appeals from judicial orders unless otherwise provided. The Act does state forfeiture orders are discharged if a conviction is quashed (section 31(1)), which establishes a direct link between appellate criminal litigation outcome and the status of forfeiture orders.
Section 7A creates a mechanism for recovery from offenders that converts a confirmed provisional order into a fine enforceable under the Monetary Penalties Enforcement Act (sections 7A(4G) and 4J). The Act’s text evidences procedural avenues for offenders to object and be heard (section 7A(4)-(4E)).
Because the statutory text contains no reported litigation, practitioners should not assume any particular judicial interpretation or line of authority from the Act itself. The Act’s procedural and finality features suggest litigation exposure will concentrate around (a) contesting convictions that underpin forfeiture and provisional orders; (b) interlocutory judicial decisions in Part 3; and (c) potential constitutional or prerogative challenges to administrative finality. The supplied text does not supply any precedents or judicial commentary to guide interpretation.
Gotchas
The Act contains several practical traps, timing constraints, procedural pitfalls and interaction effects worth flagging for practitioners and compliance officers. The following points derive directly from the statutory text.
Time limits are nuanced and have exceptions
Standard three‑year limitation to apply for awards (section 7(1A)). For victims under 18 at the time of the offence the limitation runs from the victim’s 18th birthday (section 7(1B)). The Commissioner can extend for special circumstances (section 7(1C)). Critically, applications involving allegations of child sexual abuse are exempt from the three‑year rule (section 7(1D)). Missing the three‑year deadline without establishing "special circumstances" is a likely bar to entitlement.
Commissioner's decision is final; limited review routes
Section 10 provides there is no appeal from a Commissioner’s decision. That concentrates decisive power in the Commissioner and means appellate remedies are not available under the Act; practitioners must plan with finality in mind and focus on robust pre-decision evidence and process. The statute does not set out appeal paths for Commissioner determinations.
Offsets and duplicative compensation
The Commissioner must refuse or reduce an award where an adequate civil remedy exists and must take into account amounts recovered or likely to be recovered (section 5(4)-(5)). Practitioners should identify potential civil claims and insurance recoveries early because the Commissioner will offset them.
Motor vehicle and Commonwealth exclusions
Claims arising from motor vehicle use are excluded (section 6(1)(a)); expenses claimable under specified Commonwealth health schemes are excluded (section 6(1)(e)). Ensure the loss is not precluded by those statutory carve-outs before investing in a claim.
Prescribed maximums and retrospective application complexity
Section 6A caps total awards by reference to prescribed maximums. Section 5(10) (inserted in 2023) determines that the total amount payable is the greater of the prescribed maximum that applied at lodgement or at determination. Section 40B preserves the validity of certain determinations made after 15 December 2021 that exceeded the prescribed maximum at lodgement where they did not exceed the prescribed maximum at determination (section 40B(2)). Practitioners must track which prescribed maximum applies, the timing of lodgement and determination, and the transitional protection in section 40B.
Commissioner’s discretionary bases for refusal
The Commissioner may refuse awards for failure to assist in identification or prosecution of offenders (section 5(3A)) and must consider victim behaviour that contributed to the injury or death (section 5(3)). These discretionary bases can be contested only at the administrative stage since decisions are final (section 10).
Deductions from awards
The Commissioner can deduct Crown penalties, compensation levies, unpaid compensation orders and section 7A orders from awards (section 6B(1)). Applicants with outstanding fines or levies may find awards reduced automatically.
Provisional orders convert to fines enforceable by the Monetary Penalties Enforcement Act
If an offender does not object within 28 days, the provisional order is confirmed and becomes a fine under the Monetary Penalties Enforcement Act (section 7A(4A)-(4G)). Service and the objection process must be followed precisely to preserve rights.
Part 3 thresholds and timing constraints
Restraining and forfeiture orders require judicial satisfaction that awards are likely to exceed $100,000 (sections 18(1)(b), 27(1)(b)); forfeiture applications must be made within six months of conviction (section 25(2)-(3)). The Director must act promptly after conviction to preserve the State’s forfeiture options.
Registration and priority rules for land
A restraining order against land does not take effect until a priority notice is lodged under the Land Titles Act 1980 (section 19(2)). Failure to lodge priority notices promptly can allow intervening transactions to crystallise.
Production orders and privilege/incrimination
The Act removes self-incrimination and confidentiality as excuses for production (section 36(1)) but protects produced material from use in criminal proceedings against the producer (section 36(2)), except in prosecutions under section 37 (contravention of production order). Practitioners must advise clients about narrow protection limits and potential civil or forfeiture uses of produced material.
Privacy and publication prohibition
Proceedings before the Commissioner are private and publication of reports is prohibited, including in electronic media (section 8(1)-(2)). Publication breaches attract fines up to five penalty units, so media and practitioners must be careful in communications.
Fund and public finance backstop
Awards are paid from the Criminal Injuries Compensation Fund, and the Treasurer must top up the Fund from the Public Account without further appropriation if insufficient (section 11(3)-(4)). Although this assures payment, it may permit future policy changes to funding or prescribed maximums to alter relief prospects.
Interactions with civil recoveries
If a claimant recovers damages after receiving an award, those damages are deemed held in trust for the Treasurer until the award is repaid (section 9(2)), and recovered sums must be paid to the Fund (section 9(2B)). This can create unexpected clawback exposure if claimants later recover civil damages.
No special form required for Part 3 applications,substantive evidence still required
Section 39 states no special form is required for Part 3 applications, but the Director must give notice to the defendant and lodge applications within statutory windows (sections 17(2), 25(2)-(3)). Lack of a prescribed form does not reduce the need for timely and detailed evidence to meet judicial thresholds.
Practitioners should treat these as procedure-sensitive statutory duties and plan evidence, notices, timelines and recovery strategies accordingly.
How to comply
Practical compliance steps for each party, drawn from the statutory text, with references to the specific provisions to track obligations, timing, and procedural mechanics.
For victims and claimants (applicants for awards)
Lodge in time: make the application within three years of the offence (section 7(1A)). If under 18 at the time of the offence, apply within three years of turning 18 (section 7(1B)). For child sexual abuse allegations, the usual three-year bar does not apply (section 7(1D)). Apply for an extension early if special circumstances exist (section 7(1C)).
Provide required particulars and any prescribed statutory declaration: regulations may set the manner and particulars required (section 7(1)). Ensure documentary evidence of expenses, medical records and wage loss is included where possible (section 4(2)).
Assist identification/prosecution where reasonable: failure to assist may be a statutory reason for refusal of an award (section 5(3A)). Document reasons if cooperation is not possible; the Commissioner’s view of what is reasonable may affect entitlement.
Expect privacy: proceedings are private and publication is restricted (section 8). Be prepared to appear in private or be represented (section 7(4)).
Be alert to offsets: disclose civil claims and insurance avenues; the Commissioner will take these into account and may refuse or reduce awards where an adequate civil remedy exists (section 5(4)-(5)).
For convicted persons and defendants
Monitor notices for restraining and forfeiture applications: the Director must give notice of applications to defendants and persons with interests (sections 17(2), 25(4), 21(2)(a)). If restrained, comply with orders and seek variation or extension applications to preserve living or defence expenses (sections 16, 18(4), 23, 24).
Respond to provisional orders promptly: if served with a provisional order under section 7A, send a written notice of objection within 28 days giving grounds if you intend to contest it (sections 7A(3)-(4C)). If no objection is lodged the Commissioner may confirm the order and it becomes a fine (section 7A(4A)-(4G)).
Prepare means evidence if seeking variation: the Commissioner may reduce amounts when varying a provisional order having regard to the offender’s financial means (section 7A(4H)).
For land subjects, ensure priority notices and registration matters are managed: restraining orders affecting land do not take effect until a priority notice is lodged under the Land Titles Act (section 19(2)), so respond quickly to applications to preserve interests.
For the Director of Public Prosecutions and prosecutors
Act within statutory windows: apply for forfeiture orders within six months of conviction (section 25(2)-(3)). Apply for restraining orders where likely awards exceed $100,000 and applications have been, or are likely to be, made (sections 17, 18(1)(a)-(b)).
Give written notice to defendants and persons with potential interests: statutory notice requirements are embedded in sections 17(2), 25(4) and 21(2)(a). Use the registration power to memorialise orders on title registers where the relevant law permits (section 19).
Use production orders cautiously and document reasonable grounds: magistrates require further information and satisfaction of reasonable grounds before making production orders (section 34(1)-(2)). Where production is made, preserve chain of custody and provide certified copies or inspection rights if the Director retains documents (section 35(3)).
For registries, Public Trustee and other administrative actors
Register restraining and forfeiture orders on application: where law provides for registration of title or charges, the authority is to record particulars of restraining and forfeiture orders on the register on the Director’s application (section 19(1), section 29(c)). For land restraining orders, check Land Titles Act priority notice requirements (section 19(2)).
Execute restraining orders lawfully: where the judge directs the Public Trustee to take control, that order is sufficient authority (section 18(3)); avoid obstruction and be mindful of section 22 penalties.
For lawyers advising clients
Evidence strategy: prepare admissible evidence meeting the balance-of-probabilities threshold linking injury or death to criminal conduct (section 5(2)). For future care costs under sections 4(2)(b), 4(3)(c) and 4(4)(c), obtain expert medical/psychological forecasts that satisfy the Commissioner.
Financial planning: where clients have outstanding Crown penalties or compensation levies, advise on potential deductions from awards (section 6B(1)). Where civil claims are available, assess the interaction with the Commissioner’s discretion to refuse because of adequate civil remedy (section 5(4)).
Manage timing and procedure: for Part 3 matters ensure application deadlines are met (forfeiture application within six months of conviction, section 25(3)) and consider priority notices for land. For provisional orders under section 7A, ensure timely objection and preparation for the Commissioner hearing to contest confirmation/amount.
For administrators of the Fund and Attorney-General’s office
Account treatment: ensure recovered amounts and parliamentary appropriations are properly credited to the Criminal Injuries Compensation Fund and victims fund per sections 11(2) and 38(2), and that payments are made on the Attorney-General’s advice (section 38(5)).
Disbursement policy: exercise direction over victims fund proceeds in a manner consistent with section 38(3), documenting the basis for any payments for victim benefit.
Regulatory compliance
Check regulations for further particulars: regulations may specify application forms, statutory declarations and further procedural matters for Part 3 (section 7(
Part 2[Part 2 Heading inserted by No. 47 of 1996, s. 5 ]Awards of Compensation
[Section 2 Subsection (1) amended by No. 10 of 2001, s. 4, Applied:24 Oct 2001]Deputy Registrar means Deputy Registrar of the Supreme Court;
[Section 2 Subsection (1) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019]Fund means the Criminal Injuries Compensation Fund continued under section 11 ;
injury has the meaning assigned to that expression by subsection (2) ;
[Section 2 Subsection (1) amended by No. 36 of 2017, s. 21, Applied:19 Sep 2017]
[Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005]offence means an offence that involves violence by one person against another and includes a crime under section 127 , 127A , 185 , 186 , 191A or 192 of theCriminal Code ;
[Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005]offender means a person whose act constitutes criminal conduct;
[Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005]primary victim means a person against whom an offence is committed;
[Section 2 Subsection (1) amended by No. 10 of 2001, s. 4, Applied:24 Oct 2001]Registrar means Registrar of the Supreme Court;
[Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005]related victim means a person who is –
(a) the spouse or a child, stepchild, brother, sister, stepbrother or stepsister of a primary victim; or
(b) a parent or step-parent of a primary victim who was over 18 years of age at the time of the offence; or
(c) in a personal relationship, within the meaning of the Relationships Act 2003 , with a primary victim;
[Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005]
[Section 2 Subsection (1) amended by No. 23 of 2005, s. 5, Applied:24 Jun 2005]secondary victim means –
(a) a person who suffers injury as a result of witnessing an offence; or
(b) a parent, step-parent or guardian of a primary victim who was under 18 years of age at the time of the offence.
(2) For the purposes of this Act, references to an injury shall be construed as including references to any impairment of bodily or mental health, and also to becoming pregnant.
(3) In this Act references to an award made to any person shall be construed as references to any award for the payment of a sum (whether to himself or any other person) for his benefit or to meet the cost of his maintenance or of any services rendered to him.
2A Appointment of Commissioners
2A Appointment of Commissioners
[Section 2A Inserted by No. 10 of 2001, s. 5, Applied:24 Oct 2001]
(1) [Section 2A Subsection (1) amended by No. 36 of 2017, s. 22, Applied:19 Sep 2017][Section 2A Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] The Minister may appoint one or more people who are Australian lawyers of at least 5 years' standing as Australian legal practitioners to be Criminal Injuries Compensation Commissioners.
(2) An appointment under subsection (1) is subject to any terms and conditions the Minister determines.
(3) [Section 2A Subsection (3) amended by No. 36 of 2017, s. 22, Applied:19 Sep 2017] For the purpose of this Act, each Associate Judge, the Registrar and the Deputy Registrar are Commissioners.
3 Provision of Supreme Court Act 1959 not apply
3 Provision of Supreme Court Act 1959 not apply
[Section 3 Substituted by No. 10 of 2001, s. 6, Applied:24 Oct 2001]Section 5K of theSupreme Court Act 1959 does not apply to any functions exercisable by the Registrar under this Act.
Part 2 [Part 2 Heading inserted by No. 47 of 1996, s. 5 ]Awards of Compensation
Part 2 [Part 2 Heading inserted by No. 47 of 1996, s. 5 ]Awards of Compensation
4 Basis of awards of compensation
4 Basis of awards of compensation
[Section 4 Subsection (7) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000][Section 4 Subsection (7) substituted by No. 24 of 1991, s. 4 ][Section 4 Subsection (8) inserted by No. 24 of 1991, s. 4 ][Section 4 Subsection (9) inserted by No. 24 of 1991, s. 4 ][Section 4 Substituted by No. 23 of 2005, s. 6, Applied:24 Jun 2005]
(1) Subject to section 6 , compensation may be awarded under this Act where a person is killed or suffers injury –
(a) as a result of the act of another person that constitutes an offence or would have constituted an offence, but for the fact that that other person had not attained a specified age, or was insane, or had other grounds of excuse or justification at law for his or her act; or
(b) in assisting a police officer in the exercise of the power to arrest a person or to take action to prevent the commission of a crime by a person.
(1A) [Section 4 Subsection (1A) inserted by No. 27 of 2015, s. 4, Applied:01 Nov 2015] Subject to subsection (1B) , in respect of the death of a primary victim as a result of criminal conduct, compensation may be awarded under this Act to a person for funeral expenses actually and reasonably incurred, or reasonably likely to be incurred, by the person in relation to the death of the primary victim.
(1B) [Section 4 Subsection (1B) inserted by No. 27 of 2015, s. 4, Applied:01 Nov 2015] Compensation may only be awarded to a person under subsection (1A) where the criminal conduct, which resulted in the death of the primary victim, occurred on or after the day on which that subsection commenced.
(2) In respect of the injury of a primary victim, compensation awarded under this Act may be awarded to the primary victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the primary victim as a result of the injury;
(b) the cost of medical, dental, psychological or counselling services which the Commissioner is satisfied the primary victim will require in the future;
(c) loss of wages or salary by the primary victim as a result of his or her total or partial incapacity for work arising from the injury;
(d) the pain and suffering of the primary victim arising from the injury;
(e) expenses reasonably incurred by the primary victim in claiming compensation.
(3) In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a secondary victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the secondary victim as a result of his or her own injury;
(b) [Section 4 Subsection (3) amended by No. 27 of 2015, s. 4, Applied:01 Nov 2015] if the secondary victim is a parent, step-parent or guardian of the primary victim, expenses (other than funeral expenses) actually and reasonably incurred by the secondary victim as a result of the death or injury of the primary victim;
(c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the secondary victim will require in the future;
(d) loss of wages or salary by the secondary victim as a result of –
(i) his or her total or partial incapacity for work arising from his or her own injury; or
(ii) his or her total or partial inability to work while providing care to the primary victim;
(e) the pain and suffering of the secondary victim arising from his or her own injury;
(f) expenses reasonably incurred by the secondary victim in claiming compensation.
(4) In respect of the death or injury of a person, compensation awarded under this Act may be awarded to a related victim in respect of any one or more of the following matters:
(a) expenses actually and reasonably incurred by the related victim as a result of his or her own injury;
(b) [Section 4 Subsection (4) amended by No. 27 of 2015, s. 4, Applied:01 Nov 2015] expenses (other than funeral expenses) actually and reasonably incurred by the related victim as a result of the death or injury of the primary victim;
(c) the cost of medical, psychological or counselling services which the Commissioner is satisfied the related victim will require in the future;
(d) loss of wages or salary by the related victim as a result of –
(i) his or her total or partial incapacity for work arising from his or her own injury; or
(ii) his or her total or partial inability to work while providing care to the primary victim;
(e) the pain and suffering of the related victim arising from his or her own injury;
(f) if the primary victim dies, financial loss if the related victim was dependent on the primary victim;
(g) expenses reasonably incurred by the related victim in claiming compensation.
5 Jurisdiction of Commissioner to make awards
5 Jurisdiction of Commissioner to make awards
(1) [Section 5 Subsection (1) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] Awards of compensation are within the discretion of the Commissioner and in exercising his discretion in any particular case he may have regard to any circumstances that he considers relevant.
(2) [Section 5 Subsection (2) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005][Section 5 Subsection (2) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005][Section 5 Subsection (2) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] The Commissioner shall not make an award in respect of a death or injury unless he is satisfied, on a balance of probabilities, that the death or injury was the result of criminal conduct.
(3) [Section 5 Subsection (3) amended by No. 23 of 2005, s. 7, Applied:24 Jun 2005][Section 5 Subsection (3) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] In determining whether or not to make an award and, if so, the amount of the award, the Commissioner shall have regard to any behaviour, condition, attitude, or disposition of the victim that appears to him to have directly or indirectly contributed to the injury or death in relation to which the award is sought.
(3A) [Section 5 Subsection (3A) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] *[Section 5 Subsection (3A) inserted by No. 28 of 1988, s. 4 ]*The Commissioner shall not make an award to a person if that person has failed to do any act or thing which, in the opinion of the Commissioner, that person should reasonably have done to assist in the identification, apprehension, or prosecution of any person alleged to have committed the criminal conduct or alleged criminal conduct for which compensation is claimed.
(4) [Section 5 Subsection (4) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001] The Commissioner may refuse to make an award to any person in respect of any criminal conduct if he is satisfied that that person has, or had, an adequate remedy in civil proceedings in respect of that conduct, and in determining the amount of any such award he shall take into account any amount recovered by or for
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