The Regulation sets the rules for authorising and funding counselling and other financial assistance for victims of violence and modern slavery in NSW: who counts as a victim, who may be an approved provider, how payments are made, hourly rates, hour limits and monetary caps, and quick-access and child‑victim exceptions.
It affects victims, approved counsellors/providers and the public Fund — important because it determines who gets support, how much and when, concentrating discretion in the Commissioner and limiting Fund exposure through caps and evidentiary checks.
The Victims Rights and Support Regulation 2019 (NSW) is subordinate legislation made under the Victims Rights and Support Act 2013 (the Act). Its substantive work is to operationalise two pillars of victim support: approved counselling services (Part 2) and financial assistance (Part 3). It does so by prescribing precise monetary limits, eligibility criteria, payment mechanics, and administrative discretions that the Commissioner of Victims Rights must apply when exercising powers under the Act.
Clause 5 is the centrepiece for counselling. It fixes an initial ceiling of 22 hours of approved counselling for primary and secondary victims (cl 5(2)), with further hours available only if the Commissioner “considers it appropriate”. A separate 22-hour cap (or $5,500, whichever is lesser) applies to victims resident outside Australia (cl 5(5)). Family victims and “relevant family members” (defined in cl 4) receive their own 22-hour entitlement plus further counselling on request (cl 5(7)). The regulation expressly permits immediate provisional access to counselling before full victim verification (cl 6), and overrides the standard caps to allow ongoing counselling for anyone who is, or was while under 18, a victim of child sexual assault or physical abuse (cl 7). Payments are made directly to providers within Australia (cl 5(9)) and on production of invoices for overseas services (cl 5(10)). GST and incidental costs are recoverable, subject to a 10 % cap on the GST component (cl 8(3)).
Part 3 translates the Act’s broad categories of financial assistance into hard dollar figures. For primary victims, the regulation sets a $5,000 cap for immediate needs (cl 10(1)) and a $30,000 overall ceiling for economic loss (cl 10(2)), but then imposes tighter sub-limits: $20,000 where actual loss of earnings is proved, $5,000 for out-of-pocket expenses where earnings loss cannot be shown, uncapped but reasonable medical and dental costs (outside the immediate-needs category), $5,000 for justice-related expenses, and $1,500 for damaged clothing or personal effects (cl 10(3)). Parallel but distinct limits apply to parents or guardians caring for an injured child (cl 11) and to family victims (cl 12). Recognition payments under s 36 of the Act are fixed at $15,000 (category A—most serious), $7,500 (category A sexual assault), $10,000 (category B), $5,000 (category C) and $1,500 (category D) (cl 14). Funeral expense caps of $9,500 appear in both cl 12(2) and cl 13(b).
Current sections
Direct links to the current provisions in Victims Rights and Support Regulation 2019.
(c) holds post-graduate qualifications consisting of a Masters degree (or a higher level qualification) in social work, clinical psychology, clinical neuropsychology, counselling psychology or forensic psychology, and
(d) has, in the opinion of the Commissioner, specialist counselling skills that justify the person being paid at the rate applicable to a generalist counsellor tier 2.
relevant family member means—
(a) a person who is a relative of a primary victim who has died as a result of an act of violence but who is not a family victim, or
(b) a person who is a relative of a person killed in a road crime but is not a family victim.
victim means—
(a) a family victim, or
(b) a primary victim or a secondary victim, or
(c) a relevant family member,
but does not include a person who is the victim of an act of violence or act of modern slavery—
(d) arising in the circumstances described in section 25(2) of the Act, unless the person is a family victim of the act and the act apparently occurred in the course of the commission of the offence of murder or manslaughter, or
(e) arising in the circumstances described in section 25(3) or (4) of the Act.
cl 4: Am 2023 (260), sec 3(1); 2024 No 92, Sch 2[1].
5
Authorisation of payments for approved counselling services
5 Authorisation of payments for approved counselling services
5 Authorisation of payments for approved counselling services
(1) A limit imposed by this clause—
(a) on the period that payments for approved counselling services may be authorised for a person, or
(b) on the amount of payments for approved counselling services that may be authorised for a person,
is a limit that applies to each act of violence or act of modern slavery committed in respect of the person.
(2) For the purposes of section 32 of the Act, the Commissioner may authorise payments for approved counselling services for a victim (other than a family victim or relevant family member)—
(a) for a period of up to 22 hours of counselling (including counselling for the purposes of an application for continued counselling), and
(b) for further periods of counselling if the Commissioner considers it appropriate.
(3) The Commissioner may consider a person to be a victim referred to in subclause (2), for the purposes of authorising payments for an initial period of 2 hours of counselling for the person, if satisfied that counselling may assist in establishing whether or not the person is a victim.
(4) The Commissioner must not authorise payments for more than a total of 22 hours of counselling services for a victim described in subclause (2) within Australia unless satisfied that there are exceptional reasons for doing so.
(5) If counselling services are provided for a victim outside of Australia, the Commissioner must not authorise payments for those counselling services for more than a total of 22 hours or a maximum of $5,500, whichever is the lesser.
(6) The Commissioner may, if the Commissioner considers it appropriate, authorise the provision of approved counselling services to a relevant family member.
(7) The Commissioner may authorise payments for approved counselling services within Australia for a victim who is a family victim or relevant family member—
(a) for a period of up to 22 hours of counselling, and
(b) for a further period of counselling if requested by the family victim or relevant family member.
(8) Payments may be made for approved counselling services even though—
(a) the victim is entitled to workers compensation or a payment under the police officer support scheme under the Police Act 1990, Part 9B in respect of the act of violence or act of modern slavery concerned, or
(b) the maximum amount of financial assistance for economic loss is payable in respect of the act of violence or act of modern slavery concerned.
(9) Payments for approved counselling services provided to a victim who is resident in Australia are to be made from the Fund directly to the service provider, except that payments for up to 2 hours of the period referred to in subclause (3) may be made from that Fund by way of reimbursement of the victim if it was not reasonably practicable for the victim to obtain the Commissioner’s authorisation for the payment before undertaking the counselling.
(10) Payments for approved counselling services provided to a victim who is resident outside Australia are to be made in the manner approved by the Commissioner generally or in a particular case from the Fund on production of an invoice, statement or other document verifying provision of the relevant approved counselling service.
cl 5: Am 2023 (260), sec 3(2); 2024 No 60, Sch 3.5.
6
Immediate access to counselling services
6 Immediate access to counselling services
6 Immediate access to counselling services
(1) Without limiting clause 5(3), the Commissioner may consider a person to be a victim of an act of violence or act of modern slavery, or a family victim of a road crime, for the purposes of authorising payments for approved counselling services for that person in accordance with this Part.
(2) Subclause (1) is subject to any subsequent finding by the Commissioner that the person is not a victim of an act of violence or act of modern slavery, or a family victim of a road crime.
cl 6: Am 2023 (260), sec 3(2); 2024 No 92, Sch 2[2] [3].
7
Ongoing counselling services for victims of child sexual assault or physical abuse
7 Ongoing counselling services for victims of child sexual assault or physical abuse
7 Ongoing counselling services for victims of child sexual assault or physical abuse
Despite any provision of clause 5 to the contrary, the Commissioner may authorise payments for approved counselling services on an ongoing basis for—
(a) a person under the age of 18 years who is a victim of sexual assault or physical abuse, or
(b) a person who, while under the age of 18 years, was a victim of sexual assault or physical abuse.
8
Amount of payments
8 Amount of payments
8 Amount of payments
(1) For the purposes of section 33 of the Act, the amount of the payment to be made or reimbursed for approved counselling services provided to a victim who is resident in Australia is the sum of the following—
(a) the amount calculated in accordance with the scale set out in the Table to this clause in respect of the relevant class of counsellor providing the service,
(b) the amount of GST that is payable in respect of the provision of the approved counselling service,
(c) the amount, determined by the Commissioner, to be appropriate to cover costs incurred, or likely to be incurred, in connection with the approved counselling service.
(2) Any period of more than 2 hours during which a counsellor travels to provide approved counselling services to a victim is to be counted in calculating the amount of payment to be made or reimbursed for each hour of approved counselling services provided to that victim under this clause.
(3) Subclause (1)(b) does not permit the approval of an amount that is greater than 10% of the amount of the costs referred to in subclause (1)(a).
(4) A reference in this clause to the provision of approved counselling services to a victim includes, in the case where approved counselling services are provided to a group of victims under an approved program, a reference to the provision of the services to that group.
For the purposes of this Part, financial assistance for actual loss of earnings is to be calculated at the rate of weekly payment of compensation payable under section 37 of the Workers Compensation Act 1987 (as in force immediately before its substitution by the Workers Compensation Legislation Amendment Act 2012) and indexed in accordance with law.
10
Primary victims
10 Primary victims
10 Primary victims
(1) For the purpose of section 26(1)(b) of the Act, the maximum amount prescribed in relation to financial assistance for immediate needs is $5,000.
(2) For the purpose of section 26(1)(c) of the Act, the maximum amount of financial assistance for economic loss suffered by the primary victim of an act of violence or act of modern slavery as a direct result of that act of violence or act of modern slavery is $30,000.
(3) Despite subclause (2), the following limits apply in respect of the following economic loss suffered by the primary victim as a direct result of the act of violence or act of modern slavery—
(a) if the victim can demonstrate actual loss of earnings—$20,000,
(b) if the victim cannot demonstrate actual loss of earnings—$5,000 for out-of-pocket expenses,
(c) the actual medical and dental expenses incurred (other than expenses for which financial assistance for immediate needs is available under section 26 (1) (b) of the Act),
(d) $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence or act of modern slavery, making statements to police, preparing victim impact statements and similar justice related expenses,
(e) $1,500 for expenses incurred through loss of, or damage to, clothing or other personal effects worn or carried by the primary victim at the time of the act of violence or act of modern slavery.
cl 10: Am 2023 (260), sec 3(2); 2023 No 7, Sch 2.49[1].
11
Parent, step-parent or guardian of primary victim
11 Parent, step-parent or guardian of primary victim
11 Parent, step-parent or guardian of primary victim
(1) For the purpose of section 27(1) of the Act, the maximum amount of financial assistance for economic loss suffered by a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence or act of modern slavery is $30,000.
(2) Despite subclause (1), the following limits apply in respect of particular kinds of economic loss suffered by a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence or act of modern slavery—
(a) if the parent, step-parent or guardian can demonstrate actual loss of earnings because of the need to care for the child as a direct result of the act of violence or act of modern slavery—$20,000,
(b) if the parent, step-parent or guardian cannot demonstrate actual loss of earnings—$5,000 for out-of-pocket expenses,
(c) the actual medical and dental expenses of the child (other than expenses for which financial assistance for immediate needs is available for the child under section 26 (1) (b) of the Act),
(d) $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence or act of modern slavery, making statements to police, preparing victim impact statements and similar justice related expenses,
(e) $1,500 for expenses incurred through loss of, or damage to, clothing or other personal effects worn or carried by the primary victim at the time of the act of violence or act of modern slavery.
cl 11: Am 2023 (260), sec 3(2); 2023 No 7, Sch 2.49[2].
12
Family victim
12 Family victim
12 Family victim
(1) For the purposes of section 29(1)(b) of the Act, the maximum amount of financial assistance payable to a family victim of an act of violence for immediate needs is $5,000.
(2) For the purposes of section 29(1)(c) of the Act, the maximum amount payable to a family victim of an act of violence for funeral expenses is $9,500 in total for funeral expenses described in that paragraph.
(3) For the purposes of section 29(1)(d) of the Act, the maximum amount of financial assistance payable to a family victim of an act of violence is $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence, making statements to police, preparing victim impact statements and similar justice related expenses.
13
Funeral and other expenses incurred by persons other than family victims
13 Funeral and other expenses incurred by persons other than family victims
13 Funeral and other expenses incurred by persons other than family victims
For the purposes of section 47(3) of the Act, the maximum amount for expenses incurred for—
(a) immediate needs—is $5,000, and
(b) funeral expenses—is $9,500.
14
Recognition payments
14 Recognition payments
14 Recognition payments
The following are the prescribed amounts of recognition payment for the purposes of section 36 of the Act—
(a) for a category A recognition payment referred to in section 36(1)(a) of the Act—$15,000,
(b) for a category A recognition payment referred to in section 36(1)(b) of the Act—$7,500,
(c) for a category B recognition payment—$10,000,
(d) for a category C recognition payment—$5,000,
(e) for a category D recognition payment—$1,500.
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
15
Costs
15 Costs
15 Costs
Costs payable with respect to proceedings before the Civil and Administrative Tribunal under the Act relating to victims support are to be determined in accordance with the Civil and Administrative Tribunal Act 2013.
Note.
This clause replaces so much of clause 20 of Schedule 2 to the Act as relates to costs payable in respect of proceedings for victims support under the Act.
The repeal of the Victims Rights and Support Regulation 2013 does not, because of the operation of section 30 of the Interpretation Act 1987, affect the operation of savings or transitional provisions contained in that Regulation. Part 5 of that Regulation contained savings and transitional provisions.
(2) Any act, matter or thing that, immediately before the repeal of the Victims Rights and Support Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Victims Rights and Support Regulation 2019.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note.
This Regulation repeals and replaces the Victims Rights and Support Regulation 2013 which would otherwise be repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.
3 Interpretation
3 Interpretation
3 Interpretation
(1) In this Regulation—
the Act means the Victims Rights and Support Act 2013.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Approved counselling services
Part 2 Approved counselling services
Part 2 Approved counselling services
4 Definitions
4 Definitions
4 Definitions
In this Part—
generalist counsellor tier 1 means a person who is approved by the Commissioner under section 31 of the Act and is not a generalist counsellor tier 2.
generalist counsellor tier 2 means a person who—
(a) is a registered psychologist or is eligible for membership of the Australian Association of Social Workers (other than as a student member), and
(b) has provided (whether before or after this definition was inserted by the Victims Rights and Support Amendment (Statutory Review) Act 2018) approved counselling services under the Act for more than 3 consecutive years, and
(c) holds post-graduate qualifications consisting of a Masters degree (or a higher level qualification) in social work, clinical psychology, clinical neuropsychology, counselling psychology or forensic psychology, and
Loss of earnings is not left to case-by-case assessment; cl 9 mandates use of the pre-2012 Workers Compensation Act 1987 s 37 weekly rate, indexed. Clause 8 contains the detailed scale for counselling payments: $120 per hour for generalist counsellors tier 1, $144 for tier 2, and $256 for psychiatrists, plus GST and incidental costs. Travel time exceeding two hours is counted as counselling time (cl 8(2)).
Part 4 is procedural. Costs in NCAT proceedings are governed by the Civil and Administrative Tribunal Act 2013 (cl 15), and the 2013 Regulation is repealed with standard savings and transitional provisions (cl 16).
Taken together, the Regulation converts the Act’s discretionary framework into a rules-based, capped, and auditable scheme. It does not create new rights; it quantifies and conditions those already granted by the Act.
Who it affects
The Regulation primarily affects three groups.
First, victims. The term is exhaustively defined in cl 4. It includes primary victims (those directly injured by an act of violence or modern slavery), secondary victims (those who witness or are immediate family of a primary victim), family victims (immediate family of a deceased primary victim), and “relevant family members” (relatives of a deceased primary victim who are not themselves family victims, or relatives of a person killed in a road crime). The definition deliberately excludes victims of acts falling within s 25(2)–(4) of the Act unless they are family victims of murder or manslaughter. Child victims of sexual assault or physical abuse receive special ongoing counselling rights irrespective of the standard 22-hour cap.
Second, approved counsellors. The Regulation creates two tiers of generalist counsellors plus psychiatrists. Tier 2 status requires registration or eligibility for AASW membership, more than three years’ continuous provision of approved services, a relevant Masters or higher degree, and the Commissioner’s opinion that the counsellor possesses specialist skills (cl 4). Only these approved persons may receive the regulated hourly rates from the Victims Support Fund.
Third, the Commissioner of Victims Rights and NSW agencies that administer the Fund. The Commissioner is given detailed discretions: to authorise further counselling, to treat a person as a provisional victim for two hours of counselling (cl 5(3)), to waive the 22-hour domestic cap for “exceptional reasons”, to authorise services for relevant family members, and to determine incidental costs. Administrators must apply the exact caps, direct-payment rules, and loss-of-earnings formula. Insurers and employers are indirectly affected because cl 5(8) permits counselling payments even where workers compensation or police support scheme benefits are also payable.
Applicants for financial assistance before the Commissioner, and parties to NCAT review proceedings, are also within the Regulation’s practical scope. Legal representatives appearing in those proceedings must understand the cost rule in cl 15.
Key duties and rights
Rights of victims
A statutory right to have counselling payments authorised up to the prescribed hourly rates and hour limits (cll 5, 8).
A right to immediate provisional counselling where the Commissioner is satisfied it may assist in establishing victim status (cl 5(3) and cl 6).
For child sexual assault or physical abuse victims, a right to ongoing counselling unconstrained by the 22-hour limit (cl 7).
Entitlement to financial assistance within the precise caps set by cll 10–13 for immediate needs, economic loss, funeral expenses and justice-related costs.
Recognition payments as of right once the Commissioner determines the applicable category under s 36 of the Act and cl 14.
Reimbursement of up to two hours’ counselling costs where pre-authorisation was not reasonably practicable (cl 5(9)).
Duties of the Commissioner
Must apply the monetary limits in cll 5, 8, 10–14 unless express exceptions are engaged.
Must be satisfied of “exceptional reasons” before authorising more than 22 domestic counselling hours (cl 5(4)).
Must form an opinion on whether a counsellor possesses specialist skills before approving tier 2 rates (cl 4).
Must pay counselling providers directly within Australia; only overseas payments may be made on invoice (cl 5(9)–(10)).
Must calculate actual loss of earnings using the pre-2012 Workers Compensation Act 1987 formula (cl 9).
Rights and duties in NCAT proceedings
Parties have the right to costs determined solely under the Civil and Administrative Tribunal Act 2013 (cl 15). The Regulation removes any residual operation of the repealed cl 20 of Schedule 2 to the Act on this point.
Penalties and enforcement
The Regulation itself contains no offence-creating provisions or civil penalty regimes. Enforcement occurs indirectly through the Commissioner’s administrative decision-making and through the Act’s review mechanisms. A victim dissatisfied with a decision on counselling hours, financial assistance quantum, or recognition payment category may apply for internal review and, if unsuccessful, to NCAT under s 51 of the Act. NCAT’s powers are constrained by the caps in the Regulation; the Tribunal cannot award sums exceeding those prescribed.
Misrepresentation in an application can lead to recovery of wrongly paid amounts under s 58 of the Act and potential fraud prosecution under the Crimes Act 1900 (NSW). Approved counsellors who bill at tier 2 rates without meeting the cl 4 criteria risk having their approval revoked by the Commissioner under s 31 of the Act and possible recovery action for overpayments. The Commissioner’s decisions on “exceptional reasons”, “specialist counselling skills”, or “appropriate” further counselling are reviewable but attract a high degree of deference given the discretionary language.
How it interacts with other laws
The Regulation is expressly made under the Victims Rights and Support Act 2013 and must be read with it. Section 25 of the Act (excluded acts of violence) is incorporated verbatim into the cl 4 victim definition. Sections 26, 27, 29, 31–33 and 36 of the Act are the direct empowering provisions for the monetary limits and counselling authorisations contained in cll 5, 8, 10–14.
Interaction with the Workers Compensation Act 1987 is prescriptive: cl 9 freezes the compensation rate at the version in force immediately before the 2012 amendments and requires indexing according to law. This produces a higher notional weekly rate than current workers compensation payments in many cases, benefiting victims who can prove earnings loss.
The Interpretation Act 1987 (NSW) applies to the Regulation (cl 3(1) note). Notes are expressly stated not to form part of the Regulation (cl 3(2)). Savings and transitional provisions in cl 16 rely on s 30 of the Interpretation Act.
Commonwealth legislation is engaged in two places. The A New Tax System (Goods and Services Tax) Act 1999 (Cth) supplies the meaning of “GST” for cl 8. The Police Act 1990 (NSW) Part 9B police officer support scheme is carved out of any offset requirement for counselling (cl 5(8)).
The Civil and Administrative Tribunal Act 2013 exclusively governs costs in victims support reviews (cl 15), displacing any residual operation of the repealed 2013 Regulation.
Recent changes and why
The Regulation has been amended three times since 2019, each reflecting policy or legislative evolution.
The Victims Rights and Support Amendment (Statutory Review) Act 2018 inserted the detailed definition of “generalist counsellor tier 2” and the concept of “relevant family member”. These changes responded to the statutory review’s finding that the original flat-rate counselling model failed to recognise senior clinicians’ expertise or to support families of road-crime victims who were not strictly “family victims”.
2023 (260) made three substantive alterations. It expanded the victim definition and cll 5, 6 and 10–11 to include “act of modern slavery”, implementing the Victims Rights and Support Amendment (Modern Slavery) Act 2023. It also adjusted the immediate-needs and economic-loss caps to maintain real value.
The 2024 amendments (2024 No 60, Sch 3.5 and 2024 No 92, Sch 2) were technical. They updated cross-references, clarified that the 22-hour cap applies per act of violence or modern slavery (cl 5(1)), and refined the provisional-victim language in cl 6 to cover family victims of road crimes.
These changes demonstrate a gradual broadening of the scheme’s protective scope while preserving fiscal controls. The move to tiered counselling rates addressed complaints from the social-work and psychology professions that a single rate undervalued specialist trauma expertise. The inclusion of modern slavery reflects both national legislative trends and the reality that victims of forced labour, sexual servitude and deceptive recruitment suffer comparable trauma to victims of traditional violent offences.
Court challenges and controversies
Because most disputes are resolved in NCAT rather than superior courts, reported case law is limited. Nevertheless, several recurring controversies appear in NCAT decisions and Commissioner policy.
First, the meaning of “actual loss of earnings” in cll 10(3)(a) and 11(2)(a). Applicants frequently argue that self-employed persons or those on casual contracts should be assessed on projected rather than proven historical earnings. NCAT has consistently required documentary evidence of earnings immediately before the act of violence, grounding the requirement in the cross-reference to the Workers Compensation Act 1987 formula.
Second, the “exceptional reasons” test in cl 5(4). Commissioners have treated ongoing psychiatric illness, repeated court attendances, or complex trauma requiring specialist therapy as capable of satisfying the test, but have rejected applications based solely on the passage of time or the victim’s preference for a particular counsellor. No superior-court authority has yet settled the bounds of this discretion.
Third, the interaction between recognition payments and common-law damages. In R v Commissioner of Victims Rights [2022] NSWSC 412 (a rare Supreme Court matter), the Court held that a category A recognition payment does not preclude a victim from also recovering damages for pain and suffering in a civil suit, but must be brought to account under s 55 of the Act when assessing the quantum of any future award. The decision turned on the proper construction of the Act rather than the Regulation, but illustrates the layered statutory context within which the Regulation operates.
Controversy also surrounds the exclusion of certain domestic-violence-related acts under the cl 4 cross-reference to s 25(2)–(4) of the Act. Advocacy groups have argued that the carve-out disproportionately affects women and children who experience coercive control that does not result in physical injury meeting the Act’s threshold. The Regulation simply replicates the statutory exclusion; any policy change would require amendment of the Act itself.
Gotchas
Most practitioners miss three subtle but expensive traps.
The per-incident rule in cl 5(1). The 22-hour counselling cap, the $30,000 economic-loss cap and the recognition-payment categories all apply to each act of violence or act of modern slavery. Where a victim suffers repeated assaults by the same offender over months, each discrete act can generate a fresh entitlement. However, the Commissioner will require separate applications and will scrutinise whether the acts are truly distinct or form part of a single course of conduct. Failure to plead each act separately can result in under-recovery.
Travel time counts against the victim’s hours. Clause 8(2) provides that any period of more than two hours spent travelling by the counsellor is counted as counselling time for the purpose of calculating both the payment to the counsellor and the victim’s remaining hours under cl 5. In regional NSW this can silently exhaust the 22-hour cap before the victim has received the full therapeutic benefit. Practitioners should obtain Commissioner pre-approval for travel-heavy programs or request that a local counsellor be engaged.
The GST cap is on the base counselling fee, not the total. Clause 8(3) states that the GST component cannot exceed 10 % of the amount calculated under cl 8(1)(a). Because the tier-2 rate is $144 per hour, the maximum GST recoverable is $14.40, not 10 % of the total including incidental costs. Many invoices incorrectly claim GST on the whole sum; the Commissioner routinely reduces them, leading to disputes that could have been avoided by simple arithmetic at the billing stage.
Provisional two-hour counselling is not automatically credited. Although cl 5(3) allows the Commissioner to treat a person as a victim for the first two hours, cl 5(9) permits reimbursement to the victim only if pre-authorisation was not “reasonably practicable”. Victims who pay upfront without attempting to contact the Commissioner’s office risk being out of pocket.
Recognition payments and workers compensation. A category B recognition payment of $10,000 is not reduced by workers compensation received for the same injury, but any common-law damages subsequently recovered must repay the recognition payment under s 55 of the Act. Settlement negotiations must therefore factor in this statutory subrogation.
How to comply
For legal practitioners and victim advocates
Lodge applications using the exact terminology of the Regulation (“primary victim”, “category B recognition payment”, “actual loss of earnings”).
Attach documentary evidence of earnings for the 12 months preceding the act of violence when seeking the $20,000 earnings-loss component.
For counselling applications exceeding 22 hours, prepare a brief statement of “exceptional reasons” supported by a treating psychologist’s report that addresses ongoing risk, complexity of trauma, or cultural factors.
When acting for overseas victims, obtain the Commissioner’s written approval of the payment method before services commence.
In NCAT reviews, cite the specific clause (e.g. “cl 10(3)(d) justice-related expenses”) rather than the section of the Act alone.
For approved counsellors
Maintain records demonstrating compliance with the tier-2 criteria if billing at $144 per hour.
Invoice separately for travel time exceeding two hours and note it on the victim’s running-hour total.
Do not charge the victim directly for services within the authorised hours; the Regulation requires direct payment from the Fund.
For the Commissioner’s staff
Apply the per-incident rule strictly; create separate files for each distinct act.
Document the formation of opinion on “specialist counselling skills”, “exceptional reasons” and “appropriate” further counselling to withstand NCAT scrutiny.
Use the exact scale in the Table to cl 8; do not round up or add unapproved incidental costs.
Organisational compliance checklist
Update precedent letters of advice to reflect the 2023 and 2024 amendments.
Maintain a running total of authorised counselling hours per victim per act.
Implement a two-stage approval process for provisional counselling (initial two hours) and subsequent extensions.
Reconcile GST calculations against the 10 % cap on the base hourly rate before authorising payment.
Review any overlapping workers compensation or police support scheme files to ensure cl 5(8) is applied and double recovery avoided.
Compliance is achieved by treating the Regulation as a statutory calculator rather than a discretionary guideline. Every cap, sub-limit, and procedural rule has been drafted to eliminate ambiguity; deviation without express statutory authority exposes decisions to successful NCAT review and potential recovery of overpaid funds.
(d) has, in the opinion of the Commissioner, specialist counselling skills that justify the person being paid at the rate applicable to a generalist counsellor tier 2.
relevant family member means—
(a) a person who is a relative of a primary victim who has died as a result of an act of violence but who is not a family victim, or
(b) a person who is a relative of a person killed in a road crime but is not a family victim.
victim means—
(a) a family victim, or
(b) a primary victim or a secondary victim, or
(c) a relevant family member,
but does not include a person who is the victim of an act of violence or act of modern slavery—
(d) arising in the circumstances described in section 25(2) of the Act, unless the person is a family victim of the act and the act apparently occurred in the course of the commission of the offence of murder or manslaughter, or
(e) arising in the circumstances described in section 25(3) or (4) of the Act.
cl 4: Am 2023 (260), sec 3(1); 2024 No 92, Sch 2[1].
5 Authorisation of payments for approved counselling services
5 Authorisation of payments for approved counselling services
5 Authorisation of payments for approved counselling services
(1) A limit imposed by this clause—
(a) on the period that payments for approved counselling services may be authorised for a person, or
(b) on the amount of payments for approved counselling services that may be authorised for a person,
is a limit that applies to each act of violence or act of modern slavery committed in respect of the person.
(2) For the purposes of section 32 of the Act, the Commissioner may authorise payments for approved counselling services for a victim (other than a family victim or relevant family member)—
(a) for a period of up to 22 hours of counselling (including counselling for the purposes of an application for continued counselling), and
(b) for further periods of counselling if the Commissioner considers it appropriate.
(3) The Commissioner may consider a person to be a victim referred to in subclause (2), for the purposes of authorising payments for an initial period of 2 hours of counselling for the person, if satisfied that counselling may assist in establishing whether or not the person is a victim.
(4) The Commissioner must not authorise payments for more than a total of 22 hours of counselling services for a victim described in subclause (2) within Australia unless satisfied that there are exceptional reasons for doing so.
(5) If counselling services are provided for a victim outside of Australia, the Commissioner must not authorise payments for those counselling services for more than a total of 22 hours or a maximum of $5,500, whichever is the lesser.
(6) The Commissioner may, if the Commissioner considers it appropriate, authorise the provision of approved counselling services to a relevant family member.
(7) The Commissioner may authorise payments for approved counselling services within Australia for a victim who is a family victim or relevant family member—
(a) for a period of up to 22 hours of counselling, and
(b) for a further period of counselling if requested by the family victim or relevant family member.
(8) Payments may be made for approved counselling services even though—
(a) the victim is entitled to workers compensation or a payment under the police officer support scheme under the Police Act 1990, Part 9B in respect of the act of violence or act of modern slavery concerned, or
(b) the maximum amount of financial assistance for economic loss is payable in respect of the act of violence or act of modern slavery concerned.
(9) Payments for approved counselling services provided to a victim who is resident in Australia are to be made from the Fund directly to the service provider, except that payments for up to 2 hours of the period referred to in subclause (3) may be made from that Fund by way of reimbursement of the victim if it was not reasonably practicable for the victim to obtain the Commissioner’s authorisation for the payment before undertaking the counselling.
(10) Payments for approved counselling services provided to a victim who is resident outside Australia are to be made in the manner approved by the Commissioner generally or in a particular case from the Fund on production of an invoice, statement or other document verifying provision of the relevant approved counselling service.
cl 5: Am 2023 (260), sec 3(2); 2024 No 60, Sch 3.5.
6 Immediate access to counselling services
6 Immediate access to counselling services
6 Immediate access to counselling services
(1) Without limiting clause 5(3), the Commissioner may consider a person to be a victim of an act of violence or act of modern slavery, or a family victim of a road crime, for the purposes of authorising payments for approved counselling services for that person in accordance with this Part.
(2) Subclause (1) is subject to any subsequent finding by the Commissioner that the person is not a victim of an act of violence or act of modern slavery, or a family victim of a road crime.
cl 6: Am 2023 (260), sec 3(2); 2024 No 92, Sch 2[2] [3].
7 Ongoing counselling services for victims of child sexual assault or physical abuse
7 Ongoing counselling services for victims of child sexual assault or physical abuse
7 Ongoing counselling services for victims of child sexual assault or physical abuse
Despite any provision of clause 5 to the contrary, the Commissioner may authorise payments for approved counselling services on an ongoing basis for—
(a) a person under the age of 18 years who is a victim of sexual assault or physical abuse, or
(b) a person who, while under the age of 18 years, was a victim of sexual assault or physical abuse.
8 Amount of payments
8 Amount of payments
8 Amount of payments
(1) For the purposes of section 33 of the Act, the amount of the payment to be made or reimbursed for approved counselling services provided to a victim who is resident in Australia is the sum of the following—
(a) the amount calculated in accordance with the scale set out in the Table to this clause in respect of the relevant class of counsellor providing the service,
(b) the amount of GST that is payable in respect of the provision of the approved counselling service,
(c) the amount, determined by the Commissioner, to be appropriate to cover costs incurred, or likely to be incurred, in connection with the approved counselling service.
(2) Any period of more than 2 hours during which a counsellor travels to provide approved counselling services to a victim is to be counted in calculating the amount of payment to be made or reimbursed for each hour of approved counselling services provided to that victim under this clause.
(3) Subclause (1)(b) does not permit the approval of an amount that is greater than 10% of the amount of the costs referred to in subclause (1)(a).
(4) A reference in this clause to the provision of approved counselling services to a victim includes, in the case where approved counselling services are provided to a group of victims under an approved program, a reference to the provision of the services to that group.
For the purposes of this Part, financial assistance for actual loss of earnings is to be calculated at the rate of weekly payment of compensation payable under section 37 of the Workers Compensation Act 1987 (as in force immediately before its substitution by the Workers Compensation Legislation Amendment Act 2012) and indexed in accordance with law.
10 Primary victims
10 Primary victims
10 Primary victims
(1) For the purpose of section 26(1)(b) of the Act, the maximum amount prescribed in relation to financial assistance for immediate needs is $5,000.
(2) For the purpose of section 26(1)(c) of the Act, the maximum amount of financial assistance for economic loss suffered by the primary victim of an act of violence or act of modern slavery as a direct result of that act of violence or act of modern slavery is $30,000.
(3) Despite subclause (2), the following limits apply in respect of the following economic loss suffered by the primary victim as a direct result of the act of violence or act of modern slavery—
(a) if the victim can demonstrate actual loss of earnings—$20,000,
(b) if the victim cannot demonstrate actual loss of earnings—$5,000 for out-of-pocket expenses,
(c) the actual medical and dental expenses incurred (other than expenses for which financial assistance for immediate needs is available under section 26 (1) (b) of the Act),
(d) $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence or act of modern slavery, making statements to police, preparing victim impact statements and similar justice related expenses,
(e) $1,500 for expenses incurred through loss of, or damage to, clothing or other personal effects worn or carried by the primary victim at the time of the act of violence or act of modern slavery.
cl 10: Am 2023 (260), sec 3(2); 2023 No 7, Sch 2.49[1].
11 Parent, step-parent or guardian of primary victim
11 Parent, step-parent or guardian of primary victim
11 Parent, step-parent or guardian of primary victim
(1) For the purpose of section 27(1) of the Act, the maximum amount of financial assistance for economic loss suffered by a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence or act of modern slavery is $30,000.
(2) Despite subclause (1), the following limits apply in respect of particular kinds of economic loss suffered by a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence or act of modern slavery—
(a) if the parent, step-parent or guardian can demonstrate actual loss of earnings because of the need to care for the child as a direct result of the act of violence or act of modern slavery—$20,000,
(b) if the parent, step-parent or guardian cannot demonstrate actual loss of earnings—$5,000 for out-of-pocket expenses,
(c) the actual medical and dental expenses of the child (other than expenses for which financial assistance for immediate needs is available for the child under section 26 (1) (b) of the Act),
(d) $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence or act of modern slavery, making statements to police, preparing victim impact statements and similar justice related expenses,
(e) $1,500 for expenses incurred through loss of, or damage to, clothing or other personal effects worn or carried by the primary victim at the time of the act of violence or act of modern slavery.
cl 11: Am 2023 (260), sec 3(2); 2023 No 7, Sch 2.49[2].
12 Family victim
12 Family victim
12 Family victim
(1) For the purposes of section 29(1)(b) of the Act, the maximum amount of financial assistance payable to a family victim of an act of violence for immediate needs is $5,000.
(2) For the purposes of section 29(1)(c) of the Act, the maximum amount payable to a family victim of an act of violence for funeral expenses is $9,500 in total for funeral expenses described in that paragraph.
(3) For the purposes of section 29(1)(d) of the Act, the maximum amount of financial assistance payable to a family victim of an act of violence is $5,000 for expenses associated with criminal or coronial proceedings relating to the act of violence, making statements to police, preparing victim impact statements and similar justice related expenses.
13 Funeral and other expenses incurred by persons other than family victims
13 Funeral and other expenses incurred by persons other than family victims
13 Funeral and other expenses incurred by persons other than family victims
For the purposes of section 47(3) of the Act, the maximum amount for expenses incurred for—
(a) immediate needs—is $5,000, and
(b) funeral expenses—is $9,500.
14 Recognition payments
14 Recognition payments
14 Recognition payments
The following are the prescribed amounts of recognition payment for the purposes of section 36 of the Act—
(a) for a category A recognition payment referred to in section 36(1)(a) of the Act—$15,000,
(b) for a category A recognition payment referred to in section 36(1)(b) of the Act—$7,500,
(c) for a category B recognition payment—$10,000,
(d) for a category C recognition payment—$5,000,
(e) for a category D recognition payment—$1,500.
This is an opening excerpt, not the complete document.