Victims of Crime (Financial Assistance Scheme) Regulations 2024
S.R. No. 127/2024
Version as at
18 November 2024
TABLE OF PROVISIONS
Regulation Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Definitions 1
5 Relevant offences 3
6 Categories of acts of violence 4
7 Minimum and maximum amounts of special financial assistance 4
Schedule 1—Categories of acts of violence 6
═════════════
Endnotes 11
1 General information 11
2 Table of Amendments 13
3 Explanatory details 14
Version No.001
Victims of Crime (Financial Assistance Scheme) Regulations 2024
S.R. No. 127/2024
Version as at
18 November 2024
1 Objective
The objective of these Regulations is to prescribe matters for the purposes of the Victims of Crime (Financial Assistance Scheme) Act 2022.
2 Authorising provision
These Regulations are made under section 73 of the Victims of Crime (Financial Assistance Scheme) Act 2022.
3 Commencement
These Regulations come into operation on 18 November 2024.
4 Definitions
In these Regulations—
Aboriginal person means a person who—
(a) is descended from an Aboriginal person or Torres Strait Islander; and
(b) identifies as an Aboriginal person or Torres Strait Islander; and
(c) is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Island community;
commercial sexual services offence means an offence against section 53H, 53K or 53L of the Crimes Act 1958;
elderly means—
(a) in relation to an Aboriginal person, 55 years of age or older; or
(b) in relation to any other person, 65 years of age or older;
means—
impaired mental functioning
(a) a mental illness within the meaning of the Mental Health and Wellbeing Act 2022; or
(b) an intellectual disability within the meaning of the Disability Act 2006; or
(c) an acquired brain injury; or
(d) an autism spectrum disorder; or
(e) a neurological impairment, including dementia;
intimate image has the meaning given by section 53O of the Crimes Act 1958;
serious injury means an injury (including the cumulative effect of more than one injury) that—
(a) endangers life; or
(b) is substantial and protracted;
sexual activity means an activity that is sexual within the meaning of section 35D of the Crimes Act 1958;
sexual assault means conduct that would constitute an offence against section 40(1) of the Crimes Act 1958;
sexual penetration—see section 35A of the Crimes Act 1958;
sexual servitudeoffence means an offence against section 53B, 53C or 53E of the Crimes Act 1958;
specified victim means a victim who, on the date of an act of violence or the date of a criminal act forming part of an act of violence—
(a) is under 18 years of age; or
(b) is elderly; or
(c) has impaired mental functioning;
the Act means the Victims of Crime (Financial Assistance Scheme) Act 2022;
threat to commit a sexual offence means conduct that would constitute an offence against section 43(1) of the Crimes Act 1958;
very serious physical injury means an injury constituted by actual physical harm that is permanent or of long-term duration and involves—
(a) loss of a bodily function; or
(b) disfigurement of a part of the body; or
(c) total or partial loss of a part of the body; or
(d) loss of a foetus; or
(e) loss of fertility; or
(f) infection with a life-threatening disease.
5 Relevant offences
For the purposes of paragraph (g) of the definition of relevant offence in section 3(1) of the Act, an offence against Subdivision (8FAA) or (8FAAB) of Division 1 of Part I of the Crimes Act 1958 is a prescribed offence.
6 Categories of acts of violence
For the purposes of section 11 of the Act—
(a) the prescribed categories of acts of violence are those specified in Schedule 1; and
(b) the prescribed acts of violence and classes of acts of violence in a category of acts of violence are those specified in Schedule 1 for that category.
7 Minimum and maximum amounts of special financial assistance
For the purposes of section 11 of the Act, the prescribed minimum and maximum amounts of special financial assistance in relation to each category of acts of violence are—
(a) for an act of violence that consists of a single criminal act, the amounts set out in Table 1; and
(b) for an act of violence that consists of a series of related criminal acts, the amounts set out in Table 2.
Table 1
Category of act of violence
Minimum amount for an act of violence that consists of a single criminal act
Maximum amount for an act of violence that consists of a single criminal act
A
$9334
$20 000
B
$2600
$6500
C
$1300
$2600
D
$260
$1300
Table 2
Category of act of violence
Minimum amount for an act of violence that consists of a series of related criminal acts
Maximum amount for an act of violence that consists of a series of related criminal acts
A
$11 668
$25 000
B
$3250
$8125
C
$1625
$3250
D
$325
$1625
Schedule 1—Categories of acts of violence
Regulation 6
1 Category A acts of violence
A category A act of violence is—
(a) an act of violence that is an offence involving—
(i) sexual penetration; or
(ii) attempted murder; or
(b) an act of violence that directly results in death; or
(c) an act of violence—
(i) that directly results in a very serious physical injury; and
(ii) that would otherwise be a category B, C or D act of violence; or
(d) an act of violence—
(i) that consists of related criminal acts that occur in the context of a pattern of family violence; and
(ii) that would otherwise be a category B act of violence; or
(e) an act of violence—
(i) that consists of related criminal acts that are acts of sexual penetration or sexual assault; and
(ii) that would otherwise be a category B act of violence.
2 Category B acts of violence
A category B act of violence is—
(a) an act of violence that is an offence involving—
(i) attempted sexual penetration; or
(ii) sexual assault; or
(iii) non-fatal strangulation; or
(iv) armed robbery; or
(v) aggravated burglary; or
(vi) aggravated carjacking; or
(vii) aggravated home invasion; or
(viii) home invasion; or
(ix) kidnapping; or
(x) deprivation of liberty of a person for the purpose of—
(A) sexual penetration; or
(B) demanding any ransom for their release; or
(b) an act of violence that is an offence involving—
(i) sexual activity with a specified victim; or
(ii) administration of an intoxicating substance to a specified victim; or
(c) an act of violence that is a sexual servitude offence; or
(d) an act of violence that is a commercial sexual services offence; or
(e) an act of violence—
(i) that directly results in a specified victim—
(A) suffering a serious injury; or
(B) becoming a victim of related criminal acts; or
(C) suffering a deprivation of their liberty; and
(ii) that would otherwise be a category C or D act of violence; or
(f) an act of violence—
(i) that consists of related criminal acts that occur in the context of a pattern of family violence; and
(ii) that would otherwise be a category C act of violence.
3 Category C acts of violence
A category C act of violence is—
(a) an act of violence that is an offence involving—
(i) an attempt to commit a category B act of violence (other than attempted sexual penetration); or
(ii) a threat of death; or
(iii) a threat to commit a sexual offence; or
(iv) conduct endangering life; or
(v) conduct inflicting serious injury; or
(vi) robbery; or
(vii) carjacking; or
(b) an act of violence that is an offence involving—
(i) sexual activity with a person who is not a specified victim; or
(ii) administration of an intoxicating substance to a person who is not a specified victim; or
(c) an act of violence—
(i) that consists of related criminal acts; and
(ii) that would otherwise be a category D act of violence; or
(d) an act of violence—
(i) in respect of which a person is a specified victim; and
(ii) that would otherwise be a category D act of violence; or
(e) an act of violence—
(i) that consists of related criminal acts that occur in the context of a pattern of family violence; and
(ii) that would otherwise be a category D act of violence.
4 Category D acts of violence
A category D act of violence is—
(a) an act of violence that is an offence involving—
(i) an attempt to commit a category C act of violence (other than an attempt to commit a category B act of violence); or
(ii) a threat of injury; or
(iii) production or distribution of an intimate image; or
(iv) assault; or
(v) attempted assault; or
(vi) deprivation of liberty of a person other than for the purpose of—
(A) sexual penetration; or
(B) demanding any ransom for their release; or
(b) an act of violence that is an offence against Division 4A of Part I of the Summary Offences Act 1966; or
(c) an act of violence not otherwise specified as a category A, B, C or D act of violence.
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Victims of Crime (Financial Assistance Scheme) Regulations 2024, S.R. No. 127/2024 were made on 12 November 2024 by the Governor in Council under section 73 of the Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022 and came into operation on 18 November 2024: regulation 3.
The Victims of Crime (Financial Assistance Scheme) Regulations 2024 will sunset 10 years after the day of making on 12 November 2034 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Victims of Crime (Financial Assistance Scheme) Regulations 2024 by statutory rules, subordinate instruments and Acts.