Criminal Injuries Compensation Regulations 2000

Criminal Injuries Compensation Regulations 2000

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Criminal Injuries Compensation Act 1976 .

11 December 2000

G. S. M. GREEN

Governor

By His Excellency's Command,

P. PATMORE

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Criminal Injuries Compensation Regulations 2000 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

In these regulations –

Act means the Criminal Injuries Compensation Act 1976 ;

Court means the Supreme Court.

4.   Maximum award of compensation

For the purposes of section 6(1) of the Act, the prescribed maximum is $20 000.

5.   Application for award

(1)  An application for an award –

(a) is to be lodged with the Court; and

(b) is to include the following particulars:

(i) the applicant's full name and address;

(ii) the applicant's date of birth;

(iii) a statement whether the application is for an interim or final award;

(iv) a statement whether the application arises from –

(A) a single incident or a single occurrence within the meaning of section 6 of the Act; or

(B) a number of separate incidents or occurrences;

(v) details of the criminal conduct giving rise to the application, including –

(A) the date of the offence; and

(B) the nature of the offence; and

(C) details of the offence; and

(D) the name of the offender;

(vi) details of any criminal proceedings taken against the offender, including –

(A) whether the offender was charged; and

(B) whether those proceedings have been completed; and

(C) the outcome of those proceedings; and

(D) details of any penalties imposed on the offender;

(vii) details of any claim for damages made against the offender, including –

(A) whether a claim for damages has been made against the offender and, if so, the current status or result of that claim; and

(B) whether a claim for compensation was made in any criminal proceedings taken against the offender and, if so, the current status or result of that claim;

(viii) details of the injuries suffered which form the basis of this application, including –

(A) physical injuries; and

(B) psychiatric or psychological injuries; and

(C) the impact of these injuries on the applicant, including details of any pain and suffering;

(ix) details of expenses incurred as a result of any relevant injury, including –

(A) details of any medical, pharmaceutical, counselling or other treatment expenses not recoverable; and

(B) the cost of purchase and installation of any security, safety or therapeutic devices; and

(C) the cost of travel for required medical treatment or other treatment; and

(D) any other costs incurred as a result of the injury;

(x) details of any loss of income arising from any total or partial incapacity to work arising from a relevant injury;

(xi) details of the costs incurred in making the application, including –

(A) costs of legal representation; and

(B) costs of medical or other reports obtained to support the application; and

(C) any other costs incurred in making the application;

(xii) a statement whether the applicant wishes to have the matter dealt with –

(A) by the conduct of a hearing; or

(B) on the basis of the materials filed in Court without the need for a hearing;

(xiii) a statement whether the Crown has notice of the application and, if so, whether the Crown has –

(A) conceded that criminal conduct occurred; or

(B) conceded the number of incidents or occurrences of criminal conduct as specified in subparagraph (iv) ; or

(C) conceded the absence of an adequate civil remedy; or

(D) claimed that an award should be reduced or should not be made at all by virtue of section 5 of the Act; or

(E) indicated that it seeks an order against the offender under section 7A of the Act; or

(F) indicated that it seeks to be represented at any hearing; and

(c) is to be accompanied by a statutory declaration made by the applicant in accordance with the form in Schedule 1 .

(2)  Where an application for an award is made by an applicant on behalf of another person, the application is also to include the following information:

(a) the full name of the person on whose behalf compensation is sought ("the claimant");

(b) the relationship of the applicant to the claimant;

(c) the claimant's date of birth.

(3)  Where an application for an award is made by an applicant as a result of the death of a person, the application is also to include the following information:

(a) the full name of the deceased;

(b) the relationship of the applicant to the deceased;

(c) details of expenses incurred as a result of the death, including –

(i) details of any medical, pharmaceutical or other treatment expenses not recoverable; and

(ii) details of funeral expenses; and

(iii) any costs of travel arising from the death; and

(iv) any other costs incurred as a result of the death;

(d) if the applicant was a dependant of the deceased, details of any other financial loss suffered by the applicant as a result of the death.

(4)  Where an application for an award is made as a result of an injury incurred in the provision of assistance to a police officer, the application is also to include the following information:

(a) the name and rank of the police officer to whom assistance was provided;

(b) details of the circumstances giving rise to the provision of assistance;

(c) details of the assistance provided.

(5)  An applicant for an award may adduce evidence in support of an application –

(a) by filing a statutory declaration by any other person; or

(b) by filing a document, or a copy of a document, relevant to the application, including any invoice, account, medical report or similar document; or

(c) by lodging any exhibit or other thing, other than a document, with the Court –

(i) at the time of filing the application; or

(ii) at any time after filing the application, with the leave of the Court.

SCHEDULE 1 - Statutory declaration

Regulation 5(1)(c)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 20 December 2000

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe the maximum amount of an award of compensation under the Criminal Injuries Compensation Act 1976 and the information to be included in an application for such an award.