Part 1 Preliminary
1 Name of Regulation
This Regulation is the Victims Rights and Support Regulation 2013.
2 Commencement
This Regulation commences on the commencement of the Act.
3 Interpretation
(1) In this Regulation:the Act means the Victims Rights and Support Act 2013.(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Approved counselling services
4 Definitions
In this Part:generalist counsellor means a person who is a registered psychologist or is eligible for membership of the Australian Association of Social Workers (other than as a student member).relevant family member means 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.specialist counsellor means a person who holds general registration under the Health Practitioner Regulation National Law to practise as a psychologist, or is eligible for membership of the Australian Association of Social Workers (other than as a student member), and who:(a) 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, or(b) in the opinion of the Commissioner, has specialist counselling skills due to the person’s qualifications or experience.victim means:(a) a family victim, or(b) a primary victim or a secondary victim, orbut does not include a person who is the victim of an act of violence:(c) a relevant family member,(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.
5 Authorisation of payments for approved counselling services
(1) 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 10 hours of counselling (including counselling for the purposes of an application for continued counselling), and(b) for such further periods of counselling as the Commissioner may consider appropriate.(2) The Commissioner may consider a person to be a victim (other than a family victim or relevant family member) referred to in subclause (1), 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.(3) The Commissioner must not authorise payments for more than a total of 22 hours of counselling services for a person described in subclause (1) within Australia unless satisfied that there are exceptional reasons for doing so.(4) The Commissioner must not authorise payments for counselling services provided outside Australia for more than a total of 22 hours or a maximum of $5,500, whichever is the lesser.(5) The Commissioner may, if the Commissioner considers it appropriate, authorise the provision of approved counselling services to a relevant family member.(6) 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 20 hours of counselling, and(b) for such further periods of counselling as may be requested by the family victim or relevant family member.(7) Payments may be made for approved counselling services even though:(a) the victim is entitled to workers compensation or a payment under Part 9B of the Police Act 1990 in respect of the act of violence concerned, or(b) the maximum amount of financial assistance for economic loss is payable in respect of the act of violence concerned.(8) 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 (2) 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.(9) 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.
6 Amount of payments
(1) For the purposes of section 33 of the Act, the amount of the payment to be made or reimbursed for each hour of approved counselling services provided to a victim who is resident in Australia is 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.(2) In addition to the amount approved in accordance with the scale set out in the Table to this clause, the amount so approved is to include the amount of any GST that is payable in respect of the provision of any such approved counselling services.(3) 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.(4) Subclause (2) does not permit the approval of an amount that is greater than 10% of the amount of the costs approved (apart from that subclause).(5) In this clause:GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.Table
Part 3 Financial assistance
7 Calculation of actual loss of earnings
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 the Workers Compensation Act 1987 after the first 26 weeks of incapacity within the meaning of clause 1 of Part 19H of Schedule 6 to that Act.
8 Primary victims
(1) For the purpose of section 26 (1) (b) of the Act, the prescribed amount of financial assistance for immediate needs is an amount not exceeding $5,000.(2) For the purpose of section 26 (1) (c) of the Act, the prescribed amount of financial assistance is an amount in total not exceeding $30,000 for the following economic loss suffered by the primary victim as a direct result of the act of violence concerned:(a) if the victim can demonstrate loss of actual earnings—up to $20,000,(b) if the victim cannot demonstrate loss of actual earnings—up to $5,000 for out-of-pocket expenses,(c) medical and dental expenses (other than expenses for which immediate financial assistance is available under subclause (1)),(d) up to $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,(e) up to $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.
9 Parent, step-parent or guardian of primary victim
For the purpose of section 27 (1) of the Act, a parent, step-parent or guardian who is caring for a child who is the primary victim of an act of violence is eligible for financial assistance of an amount in total not exceeding $30,000 for the following economic loss arising as a direct result of the act of violence concerned:(a) if the parent, step-parent or guardian can demonstrate loss of actual earnings because of the need to care for the child as a direct result of the act of violence—up to $20,000,(b) if the parent, step-parent or guardian cannot demonstrate such a loss of actual earnings—up to $5,000 for out-of-pocket expenses,(c) medical and dental expenses of the child (other than expenses for which immediate financial assistance is available for the child under section 26 (1) (b) of the Act),(d) up to $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,(e) up to $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.
10 Family victim
(1) For the purposes of section 29 (1) (b) of the Act, the prescribed amount of financial assistance for immediate needs is an amount not exceeding $5,000.(2) For the purposes of section 29 (1) (c) of the Act, a family victim of an act of violence is eligible for payment of an amount not exceeding $8,000 in total for funeral expenses described in that paragraph.(3) For the purposes of section 29 (1) (d) of the Act, the prescribed amount of financial assistance is an amount not exceeding $5,000 in total 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.
11 Funeral and other expenses incurred by persons other than family victims
For the purposes of section 47 (3) of the Act, the prescribed amount for expenses incurred for:(a) immediate needs—is an amount not exceeding $5,000, and(b) funeral expenses—is an amount not exceeding $8,000.
12 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
pt 4: Ins 2013 (442), Sch 1.
13 Costs and expenses
Costs and expenses payable with respect to proceedings before the Administrative Decisions Tribunal under the Act relating to victims support are to be determined in accordance with section 88 of the Administrative Decisions Tribunal Act 1997.Note—This clause replaces so much of clause 20 of Schedule 2 to the Act as relates to cost and expenses payable in respect of proceedings for victims support under the Act.Parts 5 (cll 13–16): Ins 2013 (442), Sch 1.
Part 5 Savings and transitional provisions
Parts 5 (cll 13–16): Ins 2013 (442), Sch 1.
14 Definitions
In this Part:statutory compensation means statutory compensation within the meaning of the repealed Act.the repealed Act means the Victims Support and Rehabilitation Act 1996 (and the regulations and rules made under it) as in force immediately before its repeal by the Act.Parts 5 (cll 13–16): Ins 2013 (442), Sch 1.
15 Applications for compensation under statutory compensation scheme
(1) The reference to an application under section 26 (1) (b) or (c) of the Act for victims support in clause 5 (3) of Schedule 2 to the Act extends to an application that would, if it had been made by a family victim for victims support as referred to in section 29 (1) (b) or (d) of the Act, have been duly lodged in accordance with the Act within the prescribed period referred to in that subclause.Note—A family victim may accordingly be eligible for a special grant of $5,000 in the circumstances set out in clause 5 of Schedule 2 to the Act.(2) The amount determined to be payable to an applicant under clause 5 of Schedule 2 to the Act who is a family victim is not, despite clause 5 (6) of that Schedule, to be reduced by the amount of any interim award of statutory compensation made to the applicant under section 33 of the repealed Act in respect of funeral expenses.Parts 5 (cll 13–16): Ins 2013 (442), Sch 1.
16 Appeals against determinations regarding applications for statutory compensation
(1) Despite the repeal of section 36 of the repealed Act, if notice of a determination of a compensation assessor was served before that repeal and an appeal could have been duly made in accordance with section 36 (3) (a) if it were still in force, an appeal may be made after 3 June 2013 as if section 36 (other than section 36 (2) and (3) (b)) were still in force.(2) An appeal referred to in subclause (1) is to be treated as if it were a proceeding referred to in clause 14 of Schedule 2 to the Act.(3) Proceedings to which clause 14 of Schedule 2 to the Act applies (including proceedings referred to in subclause (1)) are, subject to clause 13 of Schedule 2 to the Act, to be determined under section 38 (other than section 38 (5) (b)) of the repealed Act as if the repealed Act were still in force.(4) For those purposes, a reference in the repealed Act:(a) to the Director or a compensation assessor is taken to be a reference to the Commissioner, and(b) to the Victims Compensation Tribunal is taken to be a reference to the Administrative Decisions Tribunal.(5) Despite clause 4 (1) of Schedule 2 to the Act, statutory compensation determined to be payable (less any deductions under section 19A of the repealed Act) pursuant to a determination under section 38 of the repealed Act as provided in accordance with subclause (3) is payable from the Victims Support Fund under the Act.Parts 5 (cll 13–16): Ins 2013 (442), Sch 1.