VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007 (Northern Territory)

These Regulations implement the practical, evidentiary and monetary detail for the Victims of Crime Assistance Act 2006 (the Act) in the Northern Territory. They do not create the primary entitlement to assistance; rather, they prescribe how applications must be made and substantiated, how compensable violent acts and compensable injuries are categorised and valued, what documentary and medical evidence is required, and a number of administrative, procedural and transitional rules that govern decision‑making by the Director and assessors. The Regulations also set formulae for loss‑of‑earnings payments, limits where multiple injuries arise from the same violent act, a set of standard amounts for specified injuries and for categories of violent acts, and rules on legal costs for review proceedings.

Mechanically, the Regulations:

Define key terms used in the Act (reg 3), and specify when a criminal act is a violent act for the purposes of the Act (reg 4 and Schedule 1).
Prescribe what must be included in applications for interim payments and awards (regs 8-10), and the documents that must accompany applications (reg 10(2)).
List compensable violent acts in categories 1-4 and fix standard amounts for each category (reg 14; Schedule 1 Part 5: $10,000, $20,000, $30,000 and $40,000 respectively).
List compensable injuries and attach standard amounts to named injuries (reg 16; Schedule 3), and provide rules about multiple injuries (reg 18) and reduction for pre‑existing conditions (reg 19).
Set the calculation method for loss of earnings (reg 23), including the 75 per cent cap formula and the use of Australian Bureau of Statistics Average Weekly Earnings adjusted for tax.
Establish the process for medical/psychological examination and reports (regs 28-29), including the Director’s power to approve examiners (reg 28) and the assessor’s power to require an approved examiner where a report is inadequate (reg 29).

NORTHERN TERRITORY OF AUSTRALIA VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007 As in force at 25 March 2024 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 Part 2 Interpretation 3 Definitions ........................................................................................ 1 4 Violent acts – sexual offences ......................................................... 2 5 Domestic violence injuries ............................................................... 2 6 Pattern of abuse .............................................................................. 3 7 Factor of aggravation ....................................................................... 3 7A References to offences in Schedules 1 and 2 ................................. 3 Part 3 Applications for interim payments and awards 8 General information required ........................................................... 3 9 Information required for application for interim payment .................. 4 10 Information required for application for award ................................. 4 11 Amendment of application and lodgment of further information....... 5 12 Costs of giving information or documents ........................................ 6 13 Application relating to injury suffered in course of employment ....... 6 Part 4 Compensable violent acts and injuries and standard amounts 14 Compensable violent acts and standard amounts ........................... 6 15 Categories of psychological and psychiatric disorders .................... 7 16 Compensable injuries and standard amounts.................................. 7 Part 5 Awards of financial assistance 18 Award for multiple compensable injuries ......................................... 8 19 Reduction of standard amount because of existing condition .......... 9 20 Assessment of financial assistance in certain circumstances .......... 9 21 Burns and scarring .......................................................................... 9 22 Domestic violence injuries ............................................................. 10 23 Calculation of loss of earnings ....................................................... 10

Victims of Crime Assistance Regulations 2007 ii Part 6 Review proceeding costs 24 Costs allowable to legal practitioner .............................................. 11 25 Territory's liability for applicant's costs in relation to review proceeding ..................................................................................... 11 Part 7 Levy for victims assistance fund 26 Imposition of levy – exceptions ...................................................... 12 Part 8 Administrative matters 27 Supply and lodgment of documents .............................................. 13 28 Approved examiners...................................................................... 13 29 Assessor may require examination by approved examiner ........... 13 Part 9 Transitional matters for Victims of Crime Assistance Amendment Regulations 2013 30 Application of exception to imposition of levy ................................ 14 Part 10 Transitional matters for Victims of Crime Assistance Amendment Regulations 2023 31 Application of amendments ........................................................... 14 Schedule 1 Categories of compensable violent acts and standard amounts Schedule 2 Offences that may result in category 1 or 2 psychological or psychiatric disorder Schedule 3 Compensable injuries and standard amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 25 March 2024

VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007 Regulations under the Victims of Crime Assistance Act 2006 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Victims of Crime Assistance Regulations 2007. 2 Commencement These Regulations commence on the commencement of the Victims of Crime Assistance Act 2006. Part 2 Interpretation 3 Definitions In these Regulations: approved examiner means a psychologist, psychiatrist or other person approved under regulation 28. category, see: (a) for a compensable violent act – regulation 14(1), (2), (3) or (3A); or (b) for a psychological or psychiatric disorder – regulation 15(1) or (2). compensable injury, see regulation 16(1). domestic violence injuries, see regulation 5. harm, see section 1A of the Criminal Code. offensive weapon, see section 1 of the Criminal Code.

Part 2 Interpretation Victims of Crime Assistance Regulations 2007 2 pattern of abuse, see regulation 6. serious harm, see section 1 of the Criminal Code. standard amount, see: (a) for a compensable violent act – regulation 14(4); or (b) for a compensable injury – regulation 16(3). 4 Violent acts – sexual offences (1) For section 5(1)(a) of the Act, a criminal act that constitutes, or under section 5(2)(b) of the Act would otherwise constitute, an offence mentioned in Schedule 1, Part 1, 2, 3 or 4, subject to any qualification specified opposite the offence, is a violent act. Notes for subregulation (1) 1 Under section 5(1)(b) of the Act, other criminal acts are also violent acts. 2 Under section 7(1) of the Act, a violent act prescribed under this regulation is a compensable violent act. (2) To avoid doubt, despite section 43BJA of the Criminal Code, a reference in Schedule 1 to an offence does not include a reference to an offence of attempting, or of conspiracy or incitement, to commit the offence. 5 Domestic violence injuries (1) A victim suffers domestic violence injuries if: (a) the victim suffers 1 or more injuries as a direct result of: (i) a violent act involving a pattern of abuse, committed by an offender with whom the victim is in a domestic relationship; or (ii) a violent act of unlawful stalking under section 189 of the Criminal Code in contravention, or apparent contravention, of a domestic violence order; or (iii) a combination of violent acts mentioned in subparagraphs (i) and (ii) if committed by the same offender; and (b) the injuries are more than transient or trifling, though they need not be serious.

Part 3 Applications for interim payments and awards Victims of Crime Assistance Regulations 2007 3 (2) In this section: domestic relationship, see the Domestic and Family Violence Act 2007. domestic violence order, see the Domestic and Family Violence Act 2007. 6 Pattern of abuse A violent act involves a pattern of abuse if: (a) the violent act is a series of 3 or more related criminal acts that occur over a period of time; and (b) the acts are committed against the same victim by the same offender. Note for regulation 6 See section 5 of the Act for general information about related criminal acts. 7 Factor of aggravation A factor of aggravation applies for an offence if: (a) the victim suffers serious harm as a direct result of the offence; or (b) the offence was committed by the use or threatened use of an offensive weapon; or (c) the offence was committed by a person in the company of another person. 7A References to offences in Schedules 1 and 2 To avoid doubt, despite section 43BJA of the Criminal Code, a reference to an offence in Schedule 1 or 2 does not include a reference to an offence of attempting, or of conspiracy or incitement, to commit the offence. Part 3 Applications for interim payments and awards 8 General information required For sections 26(3)(j) and 32(1)(m) of the Act, an application for an interim payment or award must include the following information: (a) the eligible victim's name, address and date of birth;

Part 3 Applications for interim payments and awards Victims of Crime Assistance Regulations 2007 4 (b) if the application is made for the eligible victim by a person mentioned in section 25(5) of the Act – the person's name, address, date of birth and relationship to the eligible victim; (c) if the application is made because the violent act resulted in the death of the primary victim – the name, date of birth and date of death of the primary victim and the applicant's relationship to the primary victim; (d) if the applicant is applying for financial assistance for the loss of clothing or other personal effects – a description of the personal effects and the expenses incurred in replacing them. 9 Information required for application for interim payment For section 26(3)(j) of the Act, an application for an interim payment must include the following information: (a) a statement of: (i) all expenses or financial loss incurred or likely to be incurred by the applicant, substantiated by copies of relevant documents, including, for example, invoices and receipts; and (ii) reimbursements expected by the applicant for expenses or financial loss incurred or likely to be incurred; (b) if the applicant is a primary victim or secondary victim of the violent act – a statement of whether the applicant has received, or is likely to receive, any refunds from Medicare or a private health insurer for financial loss for medical expenses. 10 Information required for application for award (1) For section 32(1)(m) of the Act, an application for an award must include the following information: (a) a statement of whether the applicant has received, or is likely to receive, any refunds from Medicare or a private health insurer for financial loss for medical expenses; (b) if the applicant has suffered a compensable injury described in Schedule 3 – a description of the injury in accordance with the description in Schedule 3; (c) if the applicant has suffered a compensable injury that is not described in Schedule 3: (i) a description of the injury; and

Part 3 Applications for interim payments and awards Victims of Crime Assistance Regulations 2007 5 (ii) the period for which the injury has caused symptoms or disability; and (iii) the injury described in the Schedule that is most similar to it; (d) if the applicant is applying for financial assistance for more than 1 injury suffered as a result of the same violent act – identification of the most serious injury, second most serious injury and third most serious injury as defined in regulation 18(2); (e) a statement of whether, since the occurrence of the injury described in the application or during the 2 years before the occurrence, the applicant has: (i) suffered another injury as a direct result of a violent act and, if so, the name of the offender (if known); and (ii) made another application for an interim payment or award relating to the other injury. (2) For section 32(3)(c) of the Act, an application for an award must be accompanied by the following documents: (a) if the application is for financial assistance for loss of earnings – copies of all relevant documents to substantiate the loss, including, for example, a statement by the applicant's employer or the applicant's payslips or business records; (b) if the application is for financial assistance for a compensable injury for a category 1 or 2 psychological or psychiatric disorder – a written report about the applicant's condition. Note for regulation 10 Under regulation 29, the assessor may require the victim to undergo an examination by an approved examiner. 11 Amendment of application and lodgment of further information (1) On receiving an application for an award, the Director may require the applicant to amend it so that it complies with the Act and these Regulations. (2) After accepting an application for an award, the Director must accept further relevant information or documents given by the applicant.

Part 4 Compensable violent acts and injuries and standard amounts Victims of Crime Assistance Regulations 2007 6 12 Costs of giving information or documents The reasonable expenses of a person in giving information or documents required under section 36(2) or (4) of the Act are payable by the Territory. 13 Application relating to injury suffered in course of employment (1) This regulation applies in relation to an application for an interim payment or award if: (a) the person who suffered the injury described in the application (the injured person) has made a claim for compensation under the Return to Work Act 1986 for the same (or substantially the same) injury; and (b) the injured person has been notified under that Act of the employer's decision to dispute liability for compensation claimed; and (c) the injured person has referred the dispute to mediation or started a proceeding for a determination (including an interim determination) of the claim; and (d) at the time the application is considered by the Director or assessor, the injured person's entitlement to compensation has not been determined. (2) For section 18 of the Act, the Director or assessor must presume the injured person is not entitled to compensation under the Return to Work Act 1986 for the injury and decide the application accordingly. (3) However, if exceptional circumstances exist, the assessor may defer consideration of the application until the injured person's entitlement to compensation is decided. Example for regulation 13(3) The injured person has applied for an award only a short time before the person's claim for compensation is to be determined. Part 4 Compensable violent acts and injuries and standard amounts 14 Compensable violent acts and standard amounts (1) A violent act mentioned in Schedule 1, Part 1, is a category 1 compensable violent act.

Part 4 Compensable violent acts and injuries and standard amounts Victims of Crime Assistance Regulations 2007 7 (2) A violent act mentioned in Schedule 1, Part 2, is a category 2 compensable violent act. (3) A violent act mentioned in Schedule 1, Part 3, is a category 3 compensable violent act. (3A) A violent act mentioned in Schedule 1, Part 4, is a category 4 compensable violent act. (4) The standard amount for a compensable violent act is specified in Schedule 1, Part 5. 15 Categories of psychological and psychiatric disorders (1) A category 1 psychological or psychiatric disorder is a recognisable psychological or psychiatric disorder that: (a) is moderately disabling and chronic; and (b) is suffered as a direct result of an offence against the Criminal Code specified in Schedule 1 or 2 to which the qualification specified opposite applies. (2) A category 2 psychological or psychiatric disorder is a recognisable psychological or psychiatric disorder that: (a) is severely disabling and chronic; and (b) is suffered as a direct result of: (i) an offence against the Criminal Code specified in Schedule 1 or 2 to which the qualification specified opposite applies; or (ii) a violent act causing domestic violence injuries. 16 Compensable injuries and standard amounts (1) For section 7(2) of the Act, a compensable injury is: (a) an injury described in Schedule 3, Part 2; or (b) an injury other than an injury described in Schedule 3, Part 2 that an assessor is satisfied: (i) is similar to an injury described in Schedule 3, Part 2 (the listed injury); and (ii) has caused symptoms or disability lasting for the duration specified in Schedule 3, Part 2 for the listed injury.

Part 5 Awards of financial assistance Victims of Crime Assistance Regulations 2007 8 (3) The standard amount for a compensable injury is: (a) for an injury described in Schedule 3, Part 2 – the amount specified opposite the injury; or (ab) for an injury described in Schedule 3, Part 2, item 5.1, 5.2, 6.2 to 6.4, 6.7, 7.4(a), 8, 14.1 or 14.4 that occurs on each side of the body – double the amount specified opposite the injury; or (b) for another injury – the standard amount that may be awarded for the most similar compensable injury. Notes for regulation 16(3) 1 Under regulations 18 and 19, the standard amount that may be awarded for compensable injuries may be limited or reduced in certain circumstances. 2 Under regulation 22, a victim may apply for an award for each compensable injury instead of an award of the standard amount for domestic violence injuries. Part 5 Awards of financial assistance 18 Award for multiple compensable injuries (1) If an eligible victim has suffered more than 1 injury as a result of the same violent act, the standard amount that may be awarded for all the injuries is the total of the following amounts: (a) the standard amount for the victim's most serious injury; (b) 30% of the standard amount for the victim's second most serious injury; (c) if there are more than 2 injuries – 15% of the standard amount for the victim's third most serious injury. (2) For subregulation (1): (a) the victim's most serious injury is the injury, or 1 of the injuries, for which is prescribed the highest standard amount out of all the victim's injuries (the first amount); and (b) the victim's second most serious injury is: (i) if there is another injury for which the first amount is prescribed – that injury; or (ii) the injury, or 1 of the injuries, for which is prescribed the second highest standard amount out of all the victim's injuries (the second amount); and

Part 5 Awards of financial assistance Victims of Crime Assistance Regulations 2007 9 (c) the victim's third most serious injury is: (i) if paragraph (b)(i) applies and there is a further injury for which the first amount is prescribed – that injury; or (ii) if paragraph (b)(ii) applies and there is a further injury for which the second amount is prescribed – that injury; or (iii) the injury, or 1 of the injuries, for which is prescribed the third highest standard amount out of all the victim's injuries. (3) No financial assistance may be awarded for another injury suffered by the victim as a result of the same violent act. (4) This regulation does not apply in relation to financial assistance awarded for domestic violence injuries. 19 Reduction of standard amount because of existing condition If a violent act results in a compensable injury because of the aggravation, acceleration, exacerbation or deterioration of an existing condition, the standard amount that may be awarded for the injury must be reduced by the proportionate amount the assessor considers is attributable to the existing condition. 20 Assessment of financial assistance in certain circumstances (1) In deciding the extent of an injury, the assessor must disregard the extent to which the injury, or effect of the injury, may be reduced or limited by an external removable aid or appliance. (2) If the victim has only 1 leg, arm, eye or other body part, an injury to the remaining body part is taken to be an injury to both of the body parts. 21 Burns and scarring (1) An award for burns or scarring is subject to a reasonable inspection of the injury as required by the assessor. (2) The assessor must not award financial assistance for scarring unless the scarring is permanent. (3) The assessor must not award financial assistance for both burns to a part of the body and scarring of that part of the body caused by burns.

Part 5 Awards of financial assistance Victims of Crime Assistance Regulations 2007 10 22 Domestic violence injuries (1) Instead of applying for an award for domestic violence injuries, a victim may apply for an award for each compensable injury (separate domestic injuries) suffered as a direct result of the violent act. (2) The assessor must not award financial assistance to an eligible victim for separate domestic injuries if: (a) the victim has applied for an award for the domestic violence injuries and the separate domestic injuries occurred before the victim made the application; and (b) the same offender is responsible for the domestic violence injuries and the separate domestic injuries. (3) Subregulation (2) does not prevent the assessor from taking the separate domestic injuries into account in making an award for the domestic violence injuries. 23 Calculation of loss of earnings (1) This regulation applies if: (a) a primary victim of a violent act applies for financial assistance for loss of earnings mentioned in section 10(5)(a) of the Act; or (b) a secondary victim of a violent act applies for financial assistance for loss of earnings mentioned in section 12(6)(a) of the Act. (2) The amount of financial assistance to which the applicant is entitled for each week during the period when the loss of earnings is suffered (the relevant period) is calculated as the lesser of the following amounts: (a) 75% of the difference between average weekly earnings at the date of the violent act and the applicant's net weekly earnings during the relevant period; (b) 75% of the difference between the applicant's net weekly earnings at the date of the violent act and the applicant's net weekly earnings during the relevant period. (3) In this regulation: average weekly earnings means the Average Weekly Earnings for Full Time Adult Persons, Weekly Ordinary Time Earnings for the Northern Territory last published by the Australian Statistician

Part 6 Review proceeding costs Victims of Crime Assistance Regulations 2007 11 before the date on which the applicants weekly actual loss of earnings is calculated, less a notional deduction for income tax. Part 6 Review proceeding costs 24 Costs allowable to legal practitioner For section 55(2) of the Act, the costs allowable to a legal practitioner for work done in a review proceeding are 80% of the costs allowable for the work under the Supreme Court Rules 1987. 25 Territory's liability for applicant's costs in relation to review proceeding For section 55(3) of the Act, the Territory is liable to pay the costs of a person who applies to NTCAT for review of a decision in the following circumstances: (a) for an application for review of a decision of an assessor under section 34 of the Act on an application for an award: (i) if NTCAT varies the decision by increasing an amount of an award; or (ii) if NTCAT sets aside a decision refusing to award financial assistance and substitutes a decision awarding financial assistance; (b) for an application for review of a decision of an assessor under section 46(4) of the Act on an application for an increased award: (i) if NTCAT varies the decision by further increasing an amount of an increased award; or (ii) if NTCAT sets aside a decision refusing to increase the award and substitutes a decision increasing the award; (c) for an application for review of a decision of an assessor under section 47(1) of the Act to require a person to refund an amount: (i) if NTCAT varies the decision by decreasing the amount to be refunded; or (ii) if NTCAT sets aside the decision;

Part 7 Levy for victims assistance fund Victims of Crime Assistance Regulations 2007 12 (d) for an application for review of a decision of the Director under section 47E of the Act on an application for funeral expense assistance: (i) if NTCAT varies the decision by increasing the amount of the payment; or (ii) if NTCAT sets aside a decision refusing the application and substitutes a decision granting the application; (e) for an application for review of a decision of the Director under section 47G(1) of the Act to require an individual to refund an amount of funeral expense assistance: (i) if NTCAT varies the decision by decreasing the amount to be refunded; or (ii) if NTCAT sets aside the decision. Part 7 Levy for victims assistance fund 26 Imposition of levy – exceptions For section 61(2) of the Act, a levy is not imposed on any of the following persons: (a) a person found guilty of an offence against any of the following: (i) the Return to Work Act 1986; (ii) the Public Sector Employment and Management Act 1993; (iii) the Public and Environmental Health Act 2011; (iv) the Litter Act 1972; (v) Part 12 of the Australian Road Rules; (vi) a by-law of a local government council; (vii) the Territory Parks and Wildlife Conservation By-Laws 1984; (ix) a by-law or rule made under the Charles Darwin University Act 2003;

Part 8 Administrative matters Victims of Crime Assistance Regulations 2007 13 (b) a person issued a notice under a law of the Territory specified in paragraph (a) providing for the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against the law; (c) a person found guilty of an offence prosecuted by a local government council. Part 8 Administrative matters 27 Supply and lodgment of documents (1) The CVSU must supply approved forms free of charge. (2) No fee is payable for the lodgment of an application or document at an office of the CVSU or with a person acting for the CVSU. 28 Approved examiners For section 35 of the Act, the Director may approve: (a) a medical practitioner, psychologist or psychiatrist to conduct examinations and make reports; and (b) approve other persons to conduct examinations of, and make reports about, victims who may have a recognisable psychological or psychiatric disorder. 29 Assessor may require examination by approved examiner If: (a) a report mentioned in regulation 10(2)(b) is made by a person who is not an approved examiner; and (b) the assessor considers the report does not give sufficient information about the eligible victim's condition; the assessor may, under section 35 of the Act, require the victim to undergo an examination by an approved examiner.

Part 10 Transitional matters for Victims of Crime Assistance Amendment Regulations 2023 Victims of Crime Assistance Regulations 2007 14 Part 9 Transitional matters for Victims of Crime Assistance Amendment Regulations 2013 30 Application of exception to imposition of levy (1) Regulation 26(a)(ix) applies in relation to an offence against a by-law or rule it mentions only if all of the acts, omissions or events constituting the offence occur after the commencement of this regulation. (2) Regulation 26(b) applies in relation to a notice issued under a by-law or rule mentioned in regulation 26(a)(ix) only if the notice is issued after the commencement of this regulation. Part 10 Transitional matters for Victims of Crime Assistance Amendment Regulations 2023 31 Application of amendments The amendments made to these Regulations by the Victims of Crime Assistance Amendment Regulations 2023 apply in relation to: (a) all applications for financial assistance made after the commencement of this Part; and (b) all applications for financial assistance that had not been decided before the commencement of this Part.

Schedule 1 Categories of compensable violent acts and standard amounts Victims of Crime Assistance Regulations 2007 15 Schedule 1 Categories of compensable violent acts and standard amounts regulations 4, 14(1) to (4) and 15(1)(b) and (2)(b) Part 1 Category 1 compensable violent acts Criminal Code Offence An offence against section 208AB An offence of attempting to commit an offence against section 208H or 208HA An offence against section 208HB, 208HC or 208HD An offence of attempting to commit an offence against section 208J or 208JA An offence against section 208JB, 208JC, 208JD, 208JE, 208JF, 208JG or 208JH An offence of attempting to commit an offence against section 208K or 208KA An offence against section 208KB or 208KC An offence of attempting to commit an offence against section 208LB or 208LC An offence against section 208LD or 208LE Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 Offence Qualification An offence of attempting to commit an offence against section 127(1)(a) An offence against section 127(1)(b) An offence of attempting to commit an offence against section 130(2)(a) or (3A)(a) An offence against section 130(2)(b) or (3A)(b)

Schedule 1 Categories of compensable violent acts and standard amounts Victims of Crime Assistance Regulations 2007 16 An offence against section 188 If the circumstances mentioned in section 188(2)(a), (c) and (k) of the Code applied An offence of attempting to commit an offence against section 192(3) or 192B An offence against section 192(6) Part 2 Category 2 compensable violent acts Criminal Code Offence Qualification An offence against section 125D An offence against section 208AB If a factor of aggravation applies for the offence An offence of attempting to commit an offence against section 186B An offence of attempting to commit an offence against section 208H or 208HA If a factor of aggravation applies for the offence An offence against section 208H or 208HA An offence against section 208HB, 208HC or 208HD If a factor of aggravation applies for the offence An offence of attempting to commit an offence against section 208J or 208JA If a factor of aggravation applies for the offence An offence against section 208J or 208JA An offence against section 208JB, 208JC, 208JD, 208JE, 208JF, 208JG or 208JH If a factor of aggravation applies for the offence

Schedule 1 Categories of compensable violent acts and standard amounts Victims of Crime Assistance Regulations 2007 17 An offence of attempting to commit an offence against section 208K or 208KA If a factor of aggravation applies for the offence An offence against section 208K or 208KA An offence against section 208KB or 208KC If a factor of aggravation applies for the offence An offence of attempting to commit an offence against section 208LB or 208LC If a factor of aggravation applies for the offence An offence against section 208LB or 208LC An offence against section 208LD or 208LE If a factor of aggravation applies for the offence Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 Offence Qualification An offence of attempting to commit an offence against section 127(1)(a) If a factor of aggravation applies for the offence An offence against section 127(1)(a) An offence against section 127(1)(b) If a factor of aggravation applies for the offence An offence of attempting to commit an offence against section 130(2)(a) or (3A)(a) If a factor of aggravation applies for the offence An offence against section 130(2)(a) or (3A)(a) An offence against section 130(2)(b) or (3A)(b) If a factor of aggravation applies for the offence An offence against section 188 If the circumstances mentioned in section 188(2)(a), (c) and (k) of the Code applied and a factor of aggravation applies for the offence

Schedule 1 Categories of compensable violent acts and standard amounts Victims of Crime Assistance Regulations 2007 18 An offence of attempting to commit an offence against section 192(3) or 192B If a factor of aggravation applies for the offence An offence against section 192(3) An offence against section 192(6) If a factor of aggravation applies for the offence An offence against section 192B Note for Part 2 Regulation 7 specifies the circumstances in which a factor of aggravation applies for an offence. Part 3 Category 3 compensable violent acts Criminal Code Offence Qualification An offence against section 125D If a factor of aggravation applies for the offence An offence against section 186B An offence against section 208H, 208HA, 208J, 208JA, 208K, 208KA, 208LB or 208LC If a factor of aggravation applies for the offence Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 Offence Qualification An offence against section 127(1)(a) or 130(2)(a) or (3A)(a) If a factor of aggravation applies for the offence An offence against section 192(3) or 192B If a factor of aggravation applies for the offence Note for Part 3 Regulation 7 specifies the circumstances in which a factor of aggravation applies for an offence.

Schedule 1 Categories of compensable violent acts and standard amounts Victims of Crime Assistance Regulations 2007 19 Part 4 Category 4 compensable violent acts Criminal Code Offence Qualification An offence against section 208JI An offence mentioned in Part 1, 2 or 3, or a combination of those offences The offence or offences must involve a pattern of abuse An offence mentioned in Part 3 If at least 2 factors of aggravation apply for the offence Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 An offence against section 131A Part 5 Standard amounts for compensable violent acts The standard amount for a compensable violent act is as follows: (a) for a category 1 compensable violent act – an amount of $10 000; (b) for a category 2 compensable violent act – an amount of $20 000; (c) for a category 3 compensable violent act – an amount of $30 000; (d) for a category 4 compensable violent act – an amount of $40 000.

Schedule 2 Offences that may result in category 1 or 2 psychological or psychiatric disorder Victims of Crime Assistance Regulations 2007 20 Schedule 2 Offences that may result in category 1 or 2 psychological or psychiatric disorder regulation 15(1)(b) and (2)(b) Criminal Code Offence Qualification An offence against section 156, 160, 161A, 162, 165, 189, 194 or 195 An offence against section 196 If committed by a person on the person's unlawful entry of a building under: (a) section 221 of the Code; or (b) section 213 of the Code as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022 An offence against section 202 An offence against section 218 If committed in a circumstance mentioned in section 219(1) of the Code Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 Offence Qualification An offence against section 132(2) An offence against section 188 If the circumstances mentioned in section 188(2)(c) and (k) of the Code applied An offence against section 192(7)

Schedule 2 Offences that may result in category 1 or 2 psychological or psychiatric disorder Victims of Crime Assistance Regulations 2007 21 Criminal Code as in force before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2023 An offence against section 211(1) of the Criminal Code If committed in a circumstance mentioned in section 211(2) of the Code

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 22 Schedule 3 Compensable injuries and standard amounts regulation 16 Part 1 Definitions In this Schedule: functional impairment means a significant impairment that results in any of the following: (a) an inability to work or work without a modified work environment; (b) an inability to walk or walk independently without a walking aid or other assistance; (c) an inability to drive or drive a vehicle without modifications; (d) an inability to perform self-care tasks or perform self-care tasks without assistance or aids; (e) loss of sexual function. TBSA means total body surface area. Part 2 Compensable injuries and standard amounts Description of compensable injury Standard amount of financial assistance ($) 1 Brain injuries 1.1 Concussion (a) Concussion lasting at least 1 week but not more than 13 weeks 3 000 (b) Persistent post concussive syndrome lasting more than 13 weeks 10 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 23 1.2 Impairment (a) Any structural brain injury resulting in functional impairment lasting: (i) at least 1 week but not more than 26 weeks (ii) more than 26 weeks but not more than 52 weeks (iii) more than 52 weeks or permanently 12 000 24 000 40 000 (b) No effective control of functions lasting more than 52 weeks or permanently 40 000 1.3 Vestibular system injury Injury to vestibular system leading to impairment of balance for more than 52 weeks or permanently 15 500 2 Burns (a) Superficial burns covering more than 4.5% TBSA but not affecting the face, genitals or anus 3 000 (b) Superficial burns to the face, genitals or anus covering more than 0.5% TBSA 7 500 (c) Partial/full thickness burns to the face, genitals, anus or hands covering more than 0.5% TBSA 16 000 (d) Partial/full thickness burns covering: (i) more than 0.5% TBSA but not more than 4.5% TBSA 3 000 (ii) more than 4.5% TBSA but not more than 18% TBSA 8 000 (iii) more than 18% TBSA but not more than 27% TBSA 20 000 (iv) more than 27% TBSA 40 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 24 3 Disability (not otherwise mentioned in this Schedule) caused by a disease or other recognised medical illness Disability lasting: (a) more than 4 weeks but not more than 13 weeks 2 000 (b) more than 13 weeks but not more than 26 weeks 8 000 (c) more than 26 weeks but not more than 52 weeks 15 500 (d) more than 52 weeks or permanently 40 000 4 Domestic violence injuries Domestic violence injuries 10 000 5 Facial injuries 5.1 Ear (a) Loss of more than 50% of ear tissue but not whole ear 8 000 (b) Loss of whole ear 20 000 (c) Perforated ear drum 3 500 (d) Partial deafness of ear lasting: (i) more than 13 weeks but not more than 52 weeks 2 500 (ii) more than 52 weeks or permanently 7 500 (e) Total deafness of ear lasting: (i) more than 13 weeks but not more than 52 weeks 6 000 (ii) more than 52 weeks or permanently 20 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 25 (f) Tinnitus lasting: (i) more than 13 weeks but not more than 52 weeks 4 000 (ii) more than 52 weeks or permanently 16 000 5.2 Eye (a) Cataracts 6 000 (b) Detached retina or dislocation of lens 10 000 (c) Double vision (diplopia) lasting: (i) more than 4 weeks but not more than 52 weeks 3 500 (ii) more than 52 weeks or permanently 24 000 (d) Glaucoma 5 000 (e) Hyphaema 5 000 (f) Loss of eye (enucleation) 40 000 (g) Permanent partial loss of vision of eye resulting in: (i) 6/9 vision 2 000 (ii) 6/12 vision 4 000 (iii) 6/24 vision 12 000 (iv) 6/36 vision 20 000 (h) Complete loss of vision of eye, being 6/60 vision or greater, lasting: (i) more than 13 weeks but not permanently 30 000 (ii) permanently 40 000 (i) Vitreous haemorrhage 4 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 26 5.3 Face (a) Facial numbness lasting more than 13 weeks 4 000 (b) Facial weakness significantly impacting facial expression or daily functioning 8 000 (c) Dislocation of jaw (temporomandibular joint) 4 000 (d) Dysfunction of temporomandibular joint lasting more than 52 weeks or permanently 7 500 5.4 Nose (a) Deviated nasal septum 3 000 (b) Partial loss of at least 10% but not more than 50% of nasal tissue 8 000 (c) Partial loss of more than 50% of nasal tissue 12 000 (d) Partial loss of smell or taste or both 10 000 (e) Total loss of smell or taste 20 000 (f) Total loss of smell and taste 30 500 5.5 Teeth (a) One or more chipped or fractured teeth requiring crown 3 000 (b) Slackening of one or more teeth requiring dental treatment 3 000 (c) Loss of no more than 3 teeth 4 000 (d) Loss of more than 3 teeth 7 500 5.6 Tongue (a) Partial impairment of speech lasting: (i) more than 13 weeks but not more than 52 weeks 7 500 (ii) more than 52 weeks or permanently 28 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 27 (b) Complete loss of speech lasting: (i) more than 13 weeks but not more than 52 weeks 24 000 (ii) more than 52 weeks or permanently 40 000 (c) Loss of tongue 40 000 6 Fractures and dislocations 6.1 Facial Fracture of: (a) any facial bone other than nasal bones 6 000 (b) nasal bones 2 500 6.2 Foot Fracture of: (a) one big toe or 2 other toes on one foot 4 000 (b) any bone, other than toes, on one foot 8 000 6.3 Hand (a) Any interphalangeal joint dislocation or fracture of finger or fingers or thumb on one hand 3 000 (b) Fracture of any bone or bones, other than fingers or thumb, on one hand 6 000 6.4 Lower limb (a) Fracture of any bone from distal to femur: (i) not causing inability to walk independently without walking aid or other assistance for more than 52 weeks or permanently 8 000 (ii) causing inability to walk independently without walking aid or other assistance for more than 52 weeks or permanently 16 000 (b) Dislocation of patella 2 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 28 (c) Injury requiring arthroscopy (investigative surgery/repair) 4 000 6.5 Skull Any fracture of skull, other than facial bones: (a) not requiring surgical procedure 5 000 (b) requiring surgical procedure 12 000 6.6 Torso (a) Dislocation of the hip 9 000 (b) Fractured hip or pelvis 15 500 (c) Fracture of: (i) one or more ribs 3 000 (ii) 2 or more ribs in 2 or more places leading to floating segment (flail chest) 12 000 (d) Fracture of tail bone (coccyx), shoulder blade (scapula), sternum (breast bone) or collarbone (clavicle) 5 000 (e) Fracture of one or more vertebra: (i) not requiring surgery 8 000 (ii) requiring surgery 16 000 6.7 Upper limb (a) Fracture of any bone between shoulder and forearm 10 000 (b) Any dislocation from shoulder to metacarpophalangeal joints 6 000 7 Internal organ injuries 7.1 Bowel (a) Bowel injury requiring surgical procedure 12 000 (b) Bowel injury requiring surgical procedure and need for colostomy/ileostomy for more than 4 weeks 24 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 29 7.2 Kidney (a) Traumatic kidney injury requiring one or both of the following but not requiring dialysis: (i) placement of catheter for more than 4 weeks; (ii) any interventional radiology or surgical procedure 10 000 (b) Traumatic kidney injury requiring dialysis for: (i) not more than 13 weeks 10 000 (ii) more than 13 weeks but not more than 26 weeks 20 000 (iii) more than 26 weeks 40 000 (c) Loss of kidney (nephrectomy) 40 000 7.3 Liver Any liver injury: (a) not requiring interventional radiology or surgical intervention 8 000 (b) requiring interventional radiology or surgical intervention 20 000 7.4 Lung (a) Pneumothorax or haemothorax: (i) not requiring chest drain, or surgical procedure, in operating theatre 7 500 (ii) requiring chest drain, or surgical procedure, in operating theatre 15 500 (b) Smoke inhalation leading to acute injury and ongoing symptoms lasting more than 26 weeks 10 000 7.5 Other (a) Hernia 7 500 (b) Traumatic pancreatitis 8 000 (c) Injury requiring laparotomy or thoracotomy 12 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 30 (d) Loss of spleen or other spleen injury requiring interventional radiological procedure (for example embolisation) or open surgery 15 000 8 Loss of body part (a) Loss of one interphalangeal joint of: (i) one or more fingers, other than index finger (ii) index finger 5 000 8 000 (b) Partial loss of big toe or thumb with no loss of interphalangeal joint 8 000 (c) Loss of both interphalangeal joints of: (i) one finger, other than index finger 10 000 (ii) index finger 15 500 (iii) 2 or more fingers 20 000 (d) Loss of one or both interphalangeal joints of one or more toes, other than a big toe, if unable to walk independently without walking aid or other assistance for: (i) more than 4 weeks but not more than 52 weeks (ii) more than 52 weeks or permanently 10 000 20 000 (e) Loss of interphalangeal joint of: (i) big toe 15 500 (ii) thumb 30 500 (f) Loss of arm, hand or leg, being any amputation through the metatarsals or metacarpophalangeal joints or more proximally 40 000 9 Paralysis Paralysis of whole of one or more upper or lower limbs, including quadriparesis, hemiparesis, paraparesis or a single limb paresis, quadriplegia, tetraplegia, hemiplegia, paraplegia or a single limb paralysis (partial or complete paralysis) 40 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 31 10 Post traumatic seizures (a) One or more seizures for not more than 52 weeks 15 500 (b) One or more seizures per year for more than 52 weeks or permanently 25 500 (c) One or more seizures per month for more than 52 weeks or permanently 40 000 11 Injuries affecting genitalia, fertility or pregnancy 11.1 Genitalia (a) Injury to genitalia requiring medical treatment 7 500 (b) Loss of function of genitalia lasting: (i) more than 1 week but not more than 13 weeks 10 000 (ii) more than 13 weeks but not more than 52 weeks 20 000 (iii) more than 52 weeks or permanently 40 000 11.2 Fertility and pregnancy (a) Loss of fertility 40 000 (b) Loss of foetus 40 000 (c) Pregnancy 40 000 12 Psychological or psychiatric disorder (a) Category 1 psychological or psychiatric disorder lasting: (i) more than 13 weeks but not more than 52 weeks (ii) more than 52 weeks or permanently 10 000 20 000 (b) Category 2 psychological or psychiatric disorder lasting: (i) more than 13 weeks but not more than 52 weeks (ii) more than 52 weeks or permanently 30 000 40 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 32 13 Scarring (a) Minor scarring, being scarring of at least 2% but not more than 10%, or more than 5 cm but not more than 10 cm, of the face, head, neck, torso or upper or lower limbs 4 000 (b) Moderate scarring, being scarring of: (i) more than 10% but not more than 25%, or more than 10 cm but not more than 15 cm, of the face or neck; or (ii) more than 10% or 10 cm of the head, torso or upper or lower limbs 7 500 (c) Severe scarring, being scarring of more than 25% or 15 cm of the face or neck 15 500 14 Structural injury / tendons or ligaments 14.1 Lower limb (a) Strain or sprain of lower limb and inability to walk independently without walking aid or other assistance lasting: (i) more than 4 weeks but not more than 26 weeks 3 000 (ii) more than 26 weeks 8 000 (b) Ligamentous tear of lower limb requiring surgical management 10 000 14.2 Neck (a) Demonstrated structural injury to major artery or vein in neck, nerve, oesophagus, trachea, larynx or thyroid: (i) not requiring an interventional radiology or surgical procedure 8 000 (ii) requiring an interventional radiology or surgical procedure 20 000

Schedule 3 Compensable injuries and standard amounts Victims of Crime Assistance Regulations 2007 33 (b) Strain with functional impairment lasting: (i) more than 13 weeks but not more than 52 weeks 6 500 (ii) more than 52 weeks or permanently 16 000 14.3 Torso (a) Strain of back with functional impairment lasting: (i) more than 4 weeks but not more than 26 weeks 5 000 (ii) more than 26 weeks or permanently 12 500 (b) Prolapsed or ruptured invertebral disc or discs 14 000 14.4 Upper limb (a) Frozen shoulder 7 500 (b) Sprain or strain of upper limb with functional impairment lasting: (i) more than 4 weeks but not more than 26 weeks (ii) more than 26 weeks or permanently 3 000 6 000 (c) Ligamentous tear of upper limb requiring surgical management 10 000 (d) Permanently and seriously impaired grip in one arm 15 500

ENDNOTES Victims of Crime Assistance Regulations 2007 34 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Victims of Crime Assistance Regulations (SL No. 11, 2007) Notified 2 May 2007 Commenced 1 May 2007 (r 2, s 2 Victims of Crime Assistance Act 2006 (Act No. 15, 2006) and Gaz G17, 26 April 2007, p 7) Victims of Crime Assistance Amendment Regulations 2007 (SL No. 36, 2007) Notified 19 December 2007 Commenced 19 December 2007 Law Reform (Work Health) Amendment Act 2007 (Act No. 30, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz S29, 25 June 2008) Domestic and Family Violence Act 2007 (Act No. 34, 2007) Assent date 12 December 2007 Commenced 1 July 2008 (Gaz G25, 25 June 2008, p 4) Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) Victims of Crime Assistance Amendment Regulations 2013 (No. 42, 2013) Notified 19 December 2013 Commenced 19 December 2013 Local Government Amendment Act 2014 (Act No. 19, 2014) Assent date 2 June 2014 Commenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014, (s 2)

ENDNOTES Victims of Crime Assistance Regulations 2007 35 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (Act No. 34, 2014) Assent date 13 November 2014 Commenced 1 January 2015 (Gaz G51, 24 December 2014, p 7) Workers Rehabilitation and Compensation Legislation Amendment Act 2015 (Act No. 9, 2015) Assent date 23 April 2015 Commenced ss 3, 4, 5, 24, 25 and pt 4: 22 May 2015; rem: 1 July 2015 (Gaz S50, 22 May 2015) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) Assent date 31 October 2022 Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1) Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) Assent date 17 August 2023 Commenced 25 March 2024 (Gaz S20, 22 March 2024) Victims of Crime Assistance Amendment Regulations 2023 (No. 26, 2023) Date made 21 December 2023 Commenced pt 3: 25 March 2024 (r 2(2), s 2 Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024); rem: 2 January 2024 (r 2(1)), s 2 Victims of Crime Assistance Amendment Act 2023 (Act No. 30, 2023) and Gaz G26, 21 December 2023, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 5, 13, 24 and 26. 4 LIST OF AMENDMENTS r 3 amd No. 26, 2023, r 4; Act No. 20, 2023, s 50 r 4 amd No. 42, 2013, s 5; No. 26, 2023, r 5; Act No. 20, 2023, s 51; No. 26, 2023, r 22 r 5 amd Act No. 34, 2007, s 146 r 6 amd No. 42, 2013, s 5 7A ins No. 26, 2023, r 23 pt 3 hdg amd No. 26, 2023, r 6 r 8 amd No. 26, 2023, r 7 r 9 amd No. 26, 2023, r 8 r 10 amd No. 26, 2023, r 9 r 13 amd Act No. 30, 2007, s 59; Act No. 9, 2015, s 31; Act No. 26, 2020, s 3; No. 26, 2023, r 10 r 14 amd No. 42, 2013, s 5; No. 26, 2023, r 11 r 15 amd No. 26, 2023, r 12; Act No. 20, 2023, s 52; No. 26, 2023, r 24 r 16 amd No. 36, 2007, r 3, No. 42, 2013, s 5; No. 26, 2023, r 13

ENDNOTES Victims of Crime Assistance Regulations 2007 36 r 17 amd No. 45, 2013, s5 rep No. 26, 2023, r 14 pt 6 hdg sub No. 26, 2023, r 15 r 24 amd No. 26, 2023, r 16 r 25 amd Act No. 34, 2014, s 28 sub No. 26, 2023, r 17 r 26 amd Act No. 30, 2007, s 59; Act No. 28, 2008, s 4; No. 42, 2013, s 3; Act No. 19, 2014, s 26; Act No. 9, 2015, s 31; Act No. 26, 2020, s 3 pt 9 hdg ins No. 42, 2013, s 4 r 30 ins No. 40, 2013, s 4 pt 10 hdg ins No. 26, 2023, r 18 r 31 ins No. 26, 2023, r 18 sch 1 amd No. 36, 2007, r 4; No. 26, 2023, r 19 sub Act No. 20, 2023, s 53; No. 26, 2023, r 25 sch 2 amd Act No. 24, 2022 s 35; No. 26, 2023, r 20 sub Act No. 20, 2023, s 53; No. 26, 2023, r 25 sch 3 amd No. 36, 2007, r 5 sub No. 26, 2023, r 21

1 VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007

The Regulations revolve around a small set of legal and administrative concepts that determine eligibility, measurement and payment.

Compensable violent act: A violent act is a criminal act that falls within the schedules listed in regulation 4 and Schedule 1 (and certain offences described in Schedule 2 for psychological harm: reg 15). Regulation 14 maps those Schedule 1 lists into four compensable categories (category 1-4), with prescribed standard amounts (Schedule 1 Part 5: $10,000 for category 1; $20,000 for category 2; $30,000 for category 3; $40,000 for category 4). The schedules include extensive cross‑references to Criminal Code provisions (Schedule 1 Parts 1-4). Regulation 4(2) and 7A make clear the schedules do not include attempts, conspiracy or incitement when the Criminal Code’s section 43BJA would otherwise broaden the reference.

Compensable injury and standard amount: Regulation 16(1) defines compensable injury as either a listed injury in Schedule 3 Part 2 or an injury not listed that an assessor is satisfied is similar to a listed injury and has caused symptoms or disability for the time specified for that listed injury. Regulation 16(3) fixes the method for assigning a standard amount: use the amount specified in Schedule 3 for listed injuries; for mirror injuries on both sides of the body some items are doubled (reg 16(3)(ab)); for unlisted but similar injuries use the amount for the most similar listed injury.

Categories of psychological and psychiatric disorder: Regulation 15 establishes two categories. Category 1 is moderately disabling and chronic; Category 2 is severely disabling and chronic. Category 1 and 2 disorders must be suffered as a direct result of specified Criminal Code offences in Schedule 1 or 2 (with qualifications), and category 2 may also arise from violent acts causing domestic violence injuries (reg 15).

Domestic violence injuries and pattern of abuse: Regulation 5 defines domestic violence injuries as injuries directly caused either by a pattern of abuse by an offender with whom the victim is in a domestic relationship, or by unlawful stalking in contravention (or apparent contravention) of a domestic violence order, or a combination of those acts, provided the injuries are more than transient or trifling though not necessarily serious. “Pattern of abuse” is defined in regulation 6 as a series of three or more related criminal acts over time committed by the same offender against the same victim.

Factor of aggravation: Regulation 7 lists three aggravating factors that elevate an offence for some schedule classifications: (a) victim suffering serious harm as a direct result; (b) offender used or threatened to use an offensive weapon; (c) offence committed by a person in company with another person. Schedule 1 and its Parts frequently qualify entries by reference to whether a factor of aggravation applies.

Multiple injuries and apportionment: Regulation 18 prescribes how multiple injuries from the same violent act are aggregated: full standard amount for the most serious injury; 30 per cent of the standard amount for the second most serious; 15 per cent for the third most serious; no award for other injuries from the same act. This rule does not apply to domestic violence injuries (reg 18(4)), where alternative choices exist (see reg 22).

Loss of earnings: Regulation 23 provides the formula for weekly loss of earnings payments for primary and secondary victims: the payable weekly amount is the lesser of (a) 75 per cent of the difference between average weekly earnings at the date of the violent act and the applicant’s net weekly earnings during the loss period, and (b) 75 per cent of the difference between the applicant’s net weekly earnings at the date of the violent act and their net weekly earnings during the loss period. “Average weekly earnings” is taken from ABS statistics for Northern Territory full‑time adult ordinary time earnings less a notional income tax deduction (reg 23(3)).

Procedural and evidentiary concepts: The Regulations set documentary requirements for interim payments and awards (regs 8-10): personal particulars, receipts and invoices, employer statements or payslips for loss of earnings, and a written report for category 1 or 2 psychological disorders (reg 10(2)). The Director may require applicants to amend applications to comply with the Act and Regulations (reg 11). The assessor may require examination by an approved examiner where reports are insufficient (reg 29). The CVSU must supply approved forms free and accept lodgments free of charge (reg 27).

Administrative finance concepts: The Regulations provide for payment of reasonable expenses incurred in giving information or documents required under the Act (reg 12), and establish exceptions to the levy that funds victims assistance (reg 26). They also allocate review costs: legal practitioner costs are 80 per cent of Supreme Court Rules scale (reg 24) and the Territory must pay applicants’ costs in certain successful NTCAT outcomes (reg 25).

Together, these concepts allocate burdens between applicants (documentary proof, medical reports, choice between single domestic award or separate injury awards), assessors (discretion on similarity of injuries and reduction for pre‑existing conditions), and the Territory (funding awards, paying certain costs and expenses).

Primary affected groups are specified directly by the Regulations: eligible victims and applicants to the CVSU, Director and assessors under the Act, approved medical and psychological examiners, employers and insurers asked to provide documentary evidence, and the Territory as funder and payer of certain costs. The Regulations also create incidental effects on tribunals and other legal actors.

Victims and applicants: The Regulations govern what an eligible victim, or a person applying on an eligible victim’s behalf (see reg 8(b)), must provide to obtain interim payments or awards. Applicants must supply personal details, substantiation of expenses, statements on refunds from Medicare or private health insurers (regs 8-10), and, for psychological claims of Category 1 or 2, a written professional report (reg 10(2)(b)). Applicants who seek loss‑of‑earnings payments must supply employer statements, payslips or business records (reg 10(2)(a)). Victims who suffer domestic violence injuries are given an explicit option: they can apply for a stand‑alone domestic violence injuries award (Schedule 3 item 4, reg 16(3), reg 22(1)) or apply for separate awards for individual compensable injuries arising from the same violent act (reg 22(1)), but there are restrictions if both routes are pursued (reg 22(2)-(3)).

Director and assessors: The Director and assessors exercise decision‑making authority: they may require amendments to incomplete applications (reg 11(1)), request additional information after acceptance (reg 11(2)), require medical examination by approved examiners where reports are insufficient (reg 29), and apply discretionary reductions for aggravation of existing conditions (reg 19). Assessors determine similarity of unlisted injuries to listed injuries under reg 16(1)(b), and decide the extent of injury while disregarding the effect of removable aids (reg 20(1)). They also apply the multiple‑injury aggregation rule (reg 18) and follow special rules for burns and scarring (reg 21).

Approved examiners, medical and psychological professionals: The Director may approve medical practitioners, psychologists, psychiatrists, and other persons to conduct examinations and make reports (reg 28). Assessors may require victims to be examined by approved examiners where reports are insufficient (reg 29). The Regulations thus create an operational class of authorised examiners whose reports will be central to awards, particularly for psychological disorders.

Employers and compensation systems: Where a victim has a concurrent workers’ compensation claim under the Return to Work Act 1986, the Regulations create a presumption that the injured person is not entitled to both awards when the employer disputes liability and the entitlement has not been determined (reg 13(1)-(2)). The injured person can only overcome that presumption in exceptional circumstances, in which case an assessor may defer consideration until the compensation determination is final (reg 13(3)). The requirement to disclose whether refunds are expected from Medicare or private health insurers (regs 9(b), 10(1)(a)) draws in private insurers and public health rebates as relevant to net award calculations.

NTCAT, legal practitioners and costs: The Regulations prescribe costs rules for review proceedings (regs 24-25). Legal practitioners’ allowable costs for review work are limited to 80 per cent of the Supreme Court Rules scale (reg 24). The Territory must pay an applicant’s NTCAT review costs where NTCAT varies or sets aside decisions in certain ways (reg 25(a)-(e)). That creates standing for legal practitioners and a potential financial exposure for the Territory where NTCAT vindicates an applicant.

The Territory and victims assistance fund: The Territory funds awards, pays reasonable expenses incurred in supplying documents (reg 12), and collects a levy to fund victims assistance subject to exceptions listed in reg 26. Regulation 26 excludes certain classes of offences from incurring the levy: contraventions under specified territorial Acts and by‑laws (see reg 26(a)-(c)), and notices under those laws (reg 26(b)).

Indirectly affected parties: Courts and tribunals that determine Criminal Code offences may influence whether a violent act falls within Schedule 1, and hence what category and standard amount apply. Changes to the Criminal Code and related Acts that alter offence numbering or content have been reflected by multiple amending regulations and the endnotes record significant changes (Endnotes and Schedule footnotes).

In short, the Regulations allocate obligations and evidentiary burdens to applicants and define decision and enforcement roles for the Director, assessors and NTCAT, while creating interactions with the workers’ compensation regime, health insurers, approved examiners and the Territory’s finance function.

This section extracts concrete, operational duties imposed by the Regulations and the rights they confer on applicants, examiners and decision‑makers.

Applicant duties

Provide prescribed personal and case information in applications for interim payment or award: applicant’s name, address, date of birth; where acting for a victim, the applicant’s details and relationship to the victim; if the primary victim died, name/date of birth/date of death and relationship (reg 8(a)-(c)).
Substantiate expenses or anticipated expenses for interim payments with copies of relevant documents such as invoices and receipts; state expected reimbursements (reg 9(a)(i)-(ii)).
Disclose whether they have received or likely to receive refunds from Medicare or a private health insurer for medical expenses (reg 9(b), 10(1)(a)).
For awards, identify specific injuries, state the period symptoms/disability have lasted, and identify the most similar listed injury if the injury is not described in Schedule 3 (reg 10(1)(b)-(c)).
If applying for loss of earnings, provide employer statements, payslips or business records to substantiate loss (reg 10(2)(a)).
If applying for category 1 or 2 psychological or psychiatric disorder assistance, provide a written report about their condition (reg 10(2)(b)).

Applicant rights

Supply of approved forms free of charge and no fee for lodgment at a CVSU office or with a person acting for CVSU (reg 27(1)-(2)).
Payment by the Territory of reasonable expenses incurred in giving information or documents required under s 36(2) or (4) of the Act (reg 12).
Right to request an interim payment and to apply for awards; choice to apply for a domestic violence injuries award or separate awards for each compensable injury (reg 22(1)), subject to limitations (reg 22(2)-(3)).
Right to have an application amended by the assessor or Director to comply with the Act and these Regulations, and to lodge further information after acceptance (reg 11(1)-(2)).
Right to have costs paid by the Territory in certain successful NTCAT review outcomes (reg 25).

Decision‑maker duties and powers

The Director may approve examiners (reg 28) and require applicants to amend applications so they comply with the Act and Regulations (reg 11(1)).
Assessors must apply the specified standard amounts and aggregation rules (regs 14, 16, 18), assess similarity of unlisted injuries (reg 16(1)(b)), apply reduction for pre‑existing conditions proportionately (reg 19), disregard removable external aids when assessing extent of injury (reg 20(1)), and inspect burn/scarring injuries prior to award (reg 21(1)-(3)).
Assessors may require an examination by an approved examiner if an existing report (for example a non‑approved examiner report) is insufficient (reg 29).

Rights relating to review and costs

Legal practitioners’ costs in review proceedings are capped at 80 per cent of the costs allowable under the Supreme Court Rules (reg 24).
Applicants who seek review from NTCAT and obtain specified favourable outcomes (increase in award, setting aside refusal, decrease in refund amount, grant of funeral assistance on review etc.) are entitled to have their review costs paid by the Territory (reg 25). The statute lists the precise decision types where the Territory is liable (reg 25(a)-(e)).

Interaction with other statutory duties

If a worker has made a Return to Work Act claim and liability is disputed and unresolved, the assessor or Director must presume the injured person is not entitled to compensation under that Act and decide the victims’ application accordingly; only in exceptional circumstances may an assessor defer consideration (reg 13(1)-(3)). This places an evidentiary and strategic duty on applicants with parallel workers’ compensation claims.

Administrative obligations of the CVSU and Territory

CVSU must supply approved forms free and accept lodgments without fee (reg 27).
The Territory pays reasonable expenses for providing required information and may be liable for applicants’ review costs in the circumstances specified (regs 12, 25).

These duties create concrete compliance steps for applicants (evidence collection, medical reporting, disclosure of other sources of payment) and operational duties for assessors and the Director to follow the statutory assessment scales and procedural rules set out here.

The Regulations themselves are principally administrative and evidentiary; they do not introduce new criminal offences or additional fines beyond the Act’s framework. Enforcement and remedial mechanisms in the Regulations and their interplay with the Act centre on decision‑making, financial recovery, costs, and procedural controls.

Decision and review enforcement

Decision-makers (the Director and assessors) make awards and may require amendments or further evidence (reg 11). Where applicants dispute assessor decisions under the Act they may apply to the Northern Territory Civil and Administrative Tribunal (NTCAT) for review. The Regulations set costs rules for such reviews (regs 24-25). The capacity for NTCAT to vary or set aside decisions functions as the primary institutional enforcement mechanism for applicants who challenge assessor outcomes.

Financial enforcement and refunds

The Regulations reference the Act’s provisions requiring refunds by recipients in certain circumstances (reg 25(c), (e) refer to section 47 decisions under the Act to require refunding amounts). Regulation 25 specifies that if NTCAT reduces the amount to be refunded or sets aside a decision requiring refund, the Territory may be liable for the applicant’s costs; conversely, where the applicant is unsuccessful the Act provides the original decision‑making and refund apparatus (the refund obligation is an Act matter, but the Regulations link review costs to those outcomes). The Regulations do not set out separate civil enforcement mechanisms beyond the Act’s refund provisions.

Costs enforcement

Regulation 24 caps legal practitioner costs to 80 per cent of the Supreme Court Rules scale for work done in a review proceeding. Regulation 25 sets the Territory’s liability for a successful applicant’s review costs in specific categories of NTCAT success. Those provisions create financial enforcement consequences for the Territory and practical incentives for applicants and practitioners to litigate when a decision has been materially altered on review.

Levy imposition and exceptions

The Regulations govern the victims assistance levy by listing categories of offenders not subject to the levy (reg 26). Enforcement of the levy and exceptions will be an administrative and collection function; the Regulations simply carve-out classes of offences/notice payers from levy imposition. The Regulations do not contain seizure, fine or criminal sanction provisions - levy enforcement mechanics would sit under the Act and related financial administration rules.

Medical examination compliance

Assessors may require examination by an approved examiner where a report is by a non‑approved person and the assessor considers it insufficient (reg 29). Non‑compliance with an assessor’s reasonable requirement to attend such an approved examiner will engage the Act’s procedural compliance and may impact the assessment, though the Regulations do not specify sanctions for refusal. The Regulations do, however, provide that reasonable expenses of persons in giving information or documents required under the Act are payable by the Territory (reg 12), which reduces a potential barrier to compliance with examination and documentary requests.

Limits on awards and application of reduction

Enforcement of monetary discipline is achieved by the Regulations’ rules on aggregation (reg 18), reduction for pre‑existing conditions (reg 19), and specific exclusions (for example scarring must be permanent, reg 21(2), and no double award for burns and scarring of the same part, reg 21(3)). Assessors must apply these rules; failure to do so is a ground for review to NTCAT.

Practical observation from the instrument: the Regulations establish clear administrative controls and financial ceilings but rely on the Act and on tribunal review for enforcement and remedial measures. They allocate costs liability and place obligations on decision‑makers to follow prescribed scales, but they do not create criminal penalties beyond existing measures in the Act or other statutes referenced.

The Regulations are tightly cross‑referenced with the Criminal Code, the Victims of Crime Assistance Act 2006 (the Act), the Domestic and Family Violence Act 2007, the Return to Work Act 1986, and procedural instruments affecting reviews (Supreme Court Rules 1987 and NTCAT jurisdiction). The endnotes document later legislative changes that have required amendments to the schedules and cross‑references.

Criminal Code: Numerous Schedule entries are direct references to Criminal Code offences. Regulation 3 adopts definitions from the Criminal Code for “harm”, “offensive weapon” and “serious harm” by reference to s 1 and s 1A of the Criminal Code. Schedule 1 and Schedule 2 list Criminal Code offences that trigger compensable violent acts or psychological disorder considerations (Schedules 1-2). Regulation 4(2) and 7A clarify that, to avoid doubt, references to an offence in the Schedules do not include attempts, conspiracy or incitement despite section 43BJA of the Criminal Code. The schedules also contain qualifications that depend on Criminal Code provisions (for example, section 188 circumstances), linking award categorisation to particular offence elements and aggravating circumstances.

Domestic and Family Violence Act 2007: Regulation 5 defines “domestic relationship” and “domestic violence order” by reference to the Domestic and Family Violence Act 2007 and uses those concepts in the definition of domestic violence injuries (reg 5). That creates an operational intersection: for an injury to qualify as domestic violence injuries it may be necessary to establish a domestic relationship or contravention of a domestic violence order under the separate Act.

Return to Work Act 1986: Regulation 13 deals with concurrent workers’ compensation claims. If a claimant has made a claim under the Return to Work Act and liability is disputed and unresolved, the Director or assessor must presume the injured person is not entitled to compensation under that Act and decide the victims’ assistance application accordingly (reg 13(2)). The assessor may, in exceptional circumstances, defer consideration until the workers’ compensation entitlement is decided (reg 13(3)). This creates a direct procedural overlap and an evidentiary presumption in victims assistance cases where workers’ compensation is also engaged.

NTCAT and Supreme Court Rules: Review of assessor decisions is to NTCAT under the Act; the Regulations specify review cost rules. Regulation 24 fixes allowable legal practitioner costs for review proceedings at 80 per cent of the costs allowable under the Supreme Court Rules 1987. Regulation 25 sets out circumstances where the Territory is liable for applicants’ costs where NTCAT alters or sets aside decisions. The Regulations therefore assume and interact with tribunal review processes and the Supreme Court Rules cost scales.

Criminal Code Amendment and other legislative changes: The endnotes and Schedule footnotes show the Regulations have been amended to reflect changes in the Criminal Code and other Acts (for example Criminal Code Amendment (Property Offences) Act 2022; Criminal Justice Legislation Amendment (Sexual Offences) Act 2023). The Schedules and qualifications therefore operate against the contemporary Criminal Code as amended; the Regulations explicitly note where Schedule entries refer to the Criminal Code as in force before certain amendments. For example, Schedule 1 includes entries under the Criminal Code “as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023”, and the endnotes record commencement dates for those amending Acts (Endnotes, list of legislation).

Health insurance and Medicare: Regulations 9 and 10 require applicants to state whether they have received or are likely to receive refunds from Medicare or private health insurers. That creates an interaction with the health funding and private insurance systems and makes reimbursements relevant to the assessment of financial assistance.

Local government by‑laws and other Territory Acts: Regulation 26 lists exceptions to the victims assistance levy for persons found guilty of offences against a specified list of Territory Acts or by‑laws, including the Return to Work Act 1986, Public Sector Employment and Management Act 1993, Public and Environmental Health Act 2011, Litter Act 1972, certain Australian Road Rules offences, various local government by‑laws, and Charles Darwin University by‑laws (reg 26). This creates an interface between the levy and offences administered under multiple Territory laws.

Administrative law and privacy: While not explicitly setting privacy rules, the Regulations implicate administrative law principles: they permit the Director to require amendments and additional information (reg 11), and they authorise exams and reports (regs 28-29). Those functions will be subject to administrative law norms under Territory law and the Act’s appeal rights, but the Regulations contain the specific documentary, medical and procedural obligations to be followed.

In short, the Regulations operate as a ruleset that sits on top of criminal law (to define violent acts and qualifying offences), workers’ compensation law (to manage overlaps), domestic violence law (to define domestic relationships and orders), health insurance (to account for reimbursements), and administrative and tribunal law (to allocate review rights and costs). Amendments to any of those referenced laws will typically require consequential changes to the Schedules or text of these Regulations, a consequence reflected repeatedly in the endnotes.

The Regulations have been amended multiple times since their initial notification and commencement in 2007. The endnotes and the printed list of legislation set out the amendment chronology and identify the principal instruments and dates that changed the Regulations’ content or cross‑references. The chronology below relies on the Regulations’ own endnotes.

Original making and early amendments:

Victims of Crime Assistance Regulations (SL No. 11, 2007) were notified 2 May 2007 and commenced 1 May 2007 (r 2 references the Act’s commencement) (Endnotes 2).
Victims of Crime Assistance Amendment Regulations 2007 (SL No. 36, 2007) were notified 19 December 2007 and commenced the same day (Endnotes 2).

Subsequent legislative and consequential amendments:

Domestic and Family Violence Act 2007 (Act No. 34, 2007) (assent 12 December 2007, commenced 1 July 2008) required consequential amendments,regulation 5 was amended by that Act (Endnotes and r 5 amended).
Law Reform (Work Health) Amendment Act 2007, Local Government (Consequential Amendments) Act 2008 and others produced consequential changes to the Regulations’ wording and references (Endnotes list).

Major later amendments and modernisation:

Victims of Crime Assistance Amendment Regulations 2013 (No. 42, 2013) were notified and commenced 19 December 2013. These amendments affected multiple provisions, for example regulation 4, regulation 6, parts of Schedule 3 and transitional provisions (Endnotes and list of amendments, r 4 amd No. 42, 2013, r 5; r 6 amd No. 42, 2013, s 5; sch 3 amd No. 36, 2007, r 5; etc.).
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) Act 2014 (Act No. 34, 2014), Workers Rehabilitation and Compensation Legislation Amendment Act 2015, and Local Government Amendment Act 2014 each required intervening changes to reflect jurisdictional, procedural and statutory developments (Endnotes list these Acts and commencement dates).

Recent amendments tied to Criminal Code reform:

Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) (assent 31 October 2022, commenced 30 April 2023) required Schedule changes and qualifications in Schedule 2 (Endnotes list).
Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) (assent 17 August 2023, commenced 25 March 2024) led to a reworking of Schedule 1 entries; the Victims of Crime Assistance Amendment Regulations 2023 (No. 26, 2023) implemented related regulatory changes and commenced Part 3 of those amendments on 25 March 2024 (Endnotes and list of amendments: No. 26, 2023).

Detailed list of amendments recorded in the Regulations (selected):

r 3 amended by No. 26, 2023, r 4; Act No. 20, 2023, s 50.
r 4 amended by No. 42, 2013, s 5; No. 26, 2023, r 5; Act No. 20, 2023, s 51; No. 26, 2023, r 22.
r 13 amended by Act No. 30, 2007, s 59; Act No. 9, 2015, s 31; Act No. 26, 2020, s 3; No. 26, 2023, r 10.
r 14, r 15, r 16 and the Schedules show iterative amendments reflecting that modernisation: r 14 amd No. 42, 2013; No. 26, 2023; r 15 amd No. 26, 2023; Act No. 20, 2023; etc. See the list of amendments in the endnotes for the full tracing (Endnote 4).

Transitional provisions:

Part 9 contains transitional rules for the 2013 amendment (reg 30) limiting application of the levy exception to acts occurring after commencement.
Part 10 (reg 31) provides that the 2023 amendments apply to all applications for financial assistance made after that Part’s commencement and to all applications that were undecided at that time (reg 31(1)-(2)).

Practical consequence of amendment history: the Schedules are frequently the subject of consequential amending instruments because they mirror Criminal Code offence numbering and definitions. The Regulations’ endnotes are therefore a key reference for practitioners to ensure they are applying the correct version of a Schedule entry as modified by amending Acts and Regulations. Where a Schedule entry is qualified as referencing the Criminal Code “as in force before” a particular amendment, practitioners will need to consult the endnotes to determine which offence formulation applies.

The text of these Regulations does not record judicial decisions. The Regulations refer to the review jurisdiction of NTCAT and to legal costs rules (regs 24-25) but do not contain or cite case law. The instrument’s endnotes list amendments and the Acts that have changed cross‑references; they do not identify any litigation. Accordingly, based on the Regulations themselves, there is no litigation history recorded within the instrument.

For operational purposes, the practical litigation pathway created by the Regulations is:

Decisions of assessors may be reviewed at NTCAT (this is implicit throughout and made explicit in reg 25 which prescribes costs liability in NTCAT review outcomes).
Legal costs for review work are tied to the Supreme Court Rules scale (reg 24).
The Territory bears applicants’ review costs in defined successful scenarios at NTCAT (reg 25).

If practitioners require reported tribunal decisions or judicial authorities interpreting the Regulations or the Act, they will need to search NTCAT databases and Northern Territory superior court reports, since the Regulations do not contain such references.

The Regulations include numerous rules and quirks that create practical risk for applicants and advisers. The following are concrete traps and operational pitfalls taken from the Regulations themselves.

Presumption against award where workers’ compensation dispute unresolved (reg 13): If the injured person has a contemporaneous Return to Work Act claim and the employer has disputed liability and referred it to mediation or litigation, the Director/assessor must presume the injured person is not entitled to compensation under that scheme and decide the victims’ application accordingly (reg 13(1)-(2)). Only “exceptional circumstances” allow deferral (reg 13(3)). Practitioners should note that an unresolved workers’ compensation dispute will likely suppress victims’ awards unless exceptional circumstances are established.
Requirement to state expected Medicare/private insurer refunds (regs 9(b), 10(1)(a)): Applicants must disclose if they have received or are likely to receive refunds. Failure to disclose could distort award calculations and later lead to refund/recovery actions tied to the Act’s provisions.
Aggregation limits on multiple injuries (reg 18): When more than one compensable injury arises from the same violent act, only the full standard amount for the most serious injury is payable, plus 30 per cent of the second amount and 15 per cent of the third. No award is payable for further injuries arising from the same act. This cap can produce outcomes significantly below the arithmetic sum of Schedule 3 items and is waived only for domestic violence injuries (reg 18(4)). Applicants need to choose claims carefully and identify which injuries are “most serious” as defined in reg 18(2).
Domestic violence route choice and exclusions (reg 22): A victim can apply for a domestic violence injuries award (Schedule 3 item 4; $10,000) or separate awards for each compensable injury, but if they apply for the domestic award and previously incurred separate domestic injuries that occurred before the domestic award application and involved the same offender, the assessor must not award for the separate injuries (reg 22(2)). That limitation can lock in a lower aggregate outcome if the applicant picks the domestic award after incurring separate injuries.
Reduction for pre‑existing conditions (reg 19): If the violent act aggravated or accelerated a pre‑existing condition, the standard amount must be proportionately reduced by the assessor. The Regulations give assessors a discretion to attribute and apportion causation between the existing condition and the violent act. Evidence is therefore needed to resist reduction.
No award for both burns and scarring of the same part (reg 21(3)), and scarring must be permanent (reg 21(2)): Applicants cannot obtain both a burns award and an award for scarring of the same body part; scarring awards require permanency. Where burns heal to leave permanent scarring, the assessor must choose between awards, not stack them.
Removable aids disregarded in extent assessment (reg 20(1)): When assessing the extent of an injury, an assessor must disregard the extent to which the injury’s effects are reduced by external removable aids or appliances. That affects claims where assistive devices temporarily mask impairment.
Approved examiner requirement for psychological claims (reg 10(2)(b) and reg 29): For category 1 or 2 psychological disorders an applicant must supply a written report; if that report is by a non‑approved examiner and the assessor considers it insufficient, the assessor may order an approved examiner’s examination (reg 29). Reports from non‑approved practitioners may therefore delay or jeopardise a psychological award.
Schedule references exclude attempts, conspiracy and incitement (reg 4(2), 7A): Even if the Criminal Code may treat attempt or conspiracy as part of an offence by s 43BJA, the Regulations expressly exclude those forms from Schedule references. Practitioners must check whether the listed Criminal Code section in the Schedule covers the precise conduct at issue.
Calculation of loss of earnings capped by two alternative bases (reg 23(2)): Loss‑of‑earnings weekly entitlement is the lesser of two 75 per cent measures. Careful calculation is required because the results can differ materially depending on which base is used; the Regulation expressly relies on ABS Average Weekly Earnings for Full Time Adult Persons in the Northern Territory, less a notional income tax deduction (reg 23(3)).
Forms and lodgment free but additional documentary costs recoverable from the Territory (regs 27, 12): While forms and lodgment incur no fee, the applicant still bears the cost of obtaining records, medical reports and other documents unless they fall under “reasonable expenses” repayable by the Territory under reg 12. Practitioners should check the scope of “reasonable expenses” required under the Act to avoid unrecouped outlays.
Levy exemptions are specific and narrow (reg 26): The list of offences exempt from the victims assistance levy includes particular Territory Acts and types of notices. It is not a general exemption for low‑value or non‑violent offences, and the transitional rule reg 30(1) limits application to offending that occurred after commencement where by‑laws are involved.
Transitional and schedule complexity: Changes to Criminal Code numbering and content have led to Schedule entries referencing the Code “as in force before” particular amendments. Advisers must check the relevant historical and current Criminal Code formulation as recorded in the Regulations’ endnotes and schedule footnotes.

These “gotchas” reflect detailed, technical, evidence and sequencing pitfalls embedded in the Regulations. Practitioners must align application strategy, evidence gathering and timing (particularly where workers’ compensation is involved or where a non‑approved psychological report has been obtained) to avoid adverse procedural or substantive outcomes.

This section sets out practical steps and checklists, grounded in the Regulations, for applicants, their advisers and agencies involved in the application and assessment process.

Preliminary eligibility and offence classification

Identify the violent act and check Schedule 1 to determine whether it is a compensable violent act and which category applies (reg 14; Schedule 1 Parts 1-4). Confirm whether any qualification in the Schedule applies (for example, whether a factor of aggravation is required for a category 2 or 3 classification; see reg 7 and Schedule qualifications).
For psychological disorders, verify whether the causal offence is listed in Schedule 1 or Schedule 2 as relevant for category 1 or 2 disorders (reg 15 and Schedule 2).

Gather and lodge required personal and incident details (regs 8-10)

Complete the approved CVSU form (which the CVSU supplies free, reg 27(1)). Include: victim’s name, address, date of birth; if applying on behalf of another, include your own details and relationship to the victim (reg 8).
If the primary victim died, include the primary victim’s name, DOB, date of death and your relationship (reg 8(c)).

Substantiate interim payment claims (reg 9)

For an interim payment application, prepare a statement of all expenses or financial loss incurred or likely to be incurred, and attach supporting documents: invoices, receipts, and supporting evidence (reg 9(a)(i)). Also state expected reimbursements (reg 9(a)(ii)).
If seeking medical expense assistance, explicitly state whether Medicare or private health insurance refunds have been or are likely to be received (reg 9(b)).

Prepare award application documentation (reg 10)

For awards, describe the injury in Schedule 3 terms if it matches a listed injury (reg 10(1)(b)). If it is not listed, provide: description of the injury, duration of symptoms/disability, and which listed injury is most similar (reg 10(1)(c)(i)-(iii)).
If applying for multiple injuries from the same violent act, identify which injuries are the most serious, second and third most serious as required by reg 18(2) (reg 10(1)(d)). This identification affects aggregation under reg 18.
Attach substantiating documents for loss of earnings (employer statement, payslips or business records) (reg 10(2)(a)).
For category 1 or 2 psychological or psychiatric disorder claims, include a written report about the condition (reg 10(2)(b)). Preferably obtain the report from an approved examiner where available to avoid the assessor requiring a further approved examination (reg 28-29).

Medical and psychological examinations

If you provide a report from a non‑approved examiner and the assessor finds it insufficient, the assessor may require examination by an approved examiner (reg 29). To minimise delay, where possible instruct an approved examiner as defined in reg 28 to prepare the initial report.
Be prepared to attend inspection for burns/scarring awards (reg 21(1)) and ensure scarring is demonstrated as permanent when seeking scarring awards (reg 21(2)).

Consider strategy where workers’ compensation is involved (reg 13)

If there is a pending Return to Work Act claim and employer liability is disputed and unresolved, expect the assessor to proceed on a presumption that the injured person is not entitled to compensation under that Act (reg 13(2)). If you believe there are exceptional circumstances that justify deferral of the victims assistance decision until the workers’ compensation claim is resolved, be ready to demonstrate those circumstances to the assessor (reg 13(3)).

Anticipate aggregation and reduction rules (regs 18-19)

For multiple injuries from the same violent act, calculate expected aggregate award using reg 18: full amount for the most serious injury; 30 per cent for the second; 15 per cent for the third; no award for others. Document severity and expected ranking of injuries with medical evidence to support the selection required by reg 18(2).
If the injury relates to an aggravation or exacerbation of a pre‑existing condition, prepare evidence to rebut or limit proportionate reduction under reg 19.

Calculate loss of earnings precisely (reg 23)

Use ABS Average Weekly Earnings for Full Time Adult Persons, Weekly Ordinary Time Earnings for the Northern Territory, last published before the applicant’s weekly actual loss calculation, and apply the notional tax deduction (reg 23(3)). Compute both alternatives in reg 23(2)(a) and (b) and apply the lesser.

Cost management and review considerations (regs 24-25)

If considering legal representation for NTCAT review, note legal practitioner costs are capped at 80 per cent of the Supreme Court Rules scale (reg 24).
If pursuing review, record the specific decision types listed in reg 25 where the Territory will be liable for applicant costs if NTCAT varies or sets aside the original decision. That can affect litigation strategy.

Forms, lodgment and expenses (regs 27, 12)

Use CVSU approved forms and lodge at the CVSU free of charge (reg 27). Keep originals and copies of all substantiating evidence.
Claim reasonable expenses incurred in supplying required information or documents under s 36(2) or (4) through the Territory where appropriate (reg 12).

Levy implications where relevant (reg 26)

If advising offenders about the victims assistance levy, check whether the offence falls within the express exceptions in reg 26(a)-(c), including particular Territory Acts and by‑laws, or relates to a notice issued under those laws (reg 26(b)). Transitional rule reg 30 may limit application to acts occurring after commencement for certain by‑laws.

Check transitional application of amendments (reg 31)

For matters around March 2024 and later, verify whether the application is subject to the 2023 amendments. Reg 31 confirms the 2023 amendments apply to all applications made after the commencement of that Part and to applications that were undecided at that time.

In short, compliance requires careful front‑end evidence gathering (clinical reports, employer records, receipts), strategising about whether to seek domestic violence awards or separate injury awards, anticipating reductions for pre‑existing conditions and aggregation caps, and preparing for approved examiner examinations when psychological injury is asserted. Use CVSU forms, ensure required disclosures about other insurers and Medicare are made, and, where workers’ compensation is in play, be ready to either press for exceptional‑circumstance deferral or to accept the presumption in reg 13.

VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007

Plain English Summary

Deep Dive

What it does

Current sections

VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007

Source text: opening excerpt

1 VICTIMS OF CRIME ASSISTANCE REGULATIONS 2007

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply