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