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Victims of Crime (Financial Assistance) Act 2016
25CPI indexation of certain prescribed amounts
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25 CPI indexation of certain prescribed amounts
(1) An amount prescribed by regulation under the following sections
must be amended each year in line with variations in the CPI that
happen after the commencement of the regulation in which the
amount is prescribed:
(a) section 24 (Maximum total financial assistance);
(b) section 28 (Recognition payment for primary victim);
(c) section 29 (Recognition payment for class A related victim);
(d) section 30 (Recognition payment for class B related victim).
Financial assistance Division 3.3
(2) However, if an amount required to be amended in accordance with
subsection (1) would be reduced because of a reduction in the CPI (a
negative adjustment), the amount must not be amended in line with
the negative adjustment.
(3) An amount that, in accordance with subsection (2), is not reduced
may be increased in line with an adjustment in the CPI that would
increase the amount only to the extent that the increase, or part of the
increase, is not one that would cancel out the effect of the negative
adjustment.
(4) Subsection (3) does not apply to a negative adjustment once the effect
of the negative adjustment has been offset against an increase in line
with an adjustment in the CPI.
Example—adjustments
An amount prescribed by regulation is $100. There is a 20% increase in the CPI
after the section commences. The amount prescribed becomes $120 ($100 + 20%).
There is then a 10% drop in the CPI. The amount does not change from $120
(although if it had changed it would be $108).
There is a 20% increase in the CPI. The 20% increase is not to the $120, but to the
$108. $108 + 20% = $129.60. So the $120 becomes $129.60. This is the amount
($120) increased by so much of the 20% increase that did not cancel out the effect
of the adjustment down to $108.
CPI means the All Groups Consumer Price Index (Canberra) issued
by the Australian statistician.
26 Immediate need payment
(1) A financial payment (an immediate need payment) may be made to
a person for reasonable expenses incurred, or expected to be incurred,
for an immediate need that is related to an act of violence.
(2) For this section, an expense is a reasonable expense if payment of the
expense, at the time the application is made, is likely to—
(a) promote the recovery of the person; or
(b) prevent further harm to the person; or
(c) limit further threats to the safety of the person.
(3) A regulation may prescribe the following:
(a) a particular immediate need for which an immediate need
payment may be made;
(b) a condition, if any, to making the immediate need payment;
(c) the maximum amount, if any, of the payment for the need;
(d) the maximum amount, if any, of all immediate need payments
that may be made in relation to a single act of violence.