Criminal Injuries Compensation Amendment Regulations 2005

Criminal Injuries Compensation Amendment Regulations 2005

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 .

23 May 2005

W. J. E. COX

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Criminal Injuries Compensation Amendment Regulations 2005 .

2.   Commencement

These regulations take effect on the day on which the Criminal Injuries Compensation Amendment Act 2005 commences.

3.   Principal Regulations

In these regulations, the Criminal Injuries Compensation Regulations 2000 are referred to as the Principal Regulations.

4.    Regulation 1 substituted

Regulation 1 of the Principal Regulations is rescinded and the following regulation is substituted:

1.   Short title

These regulations may be cited as the Victims of Crime Assistance Regulations 2000 .

5.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended by omitting the definition of Court and substituting the following definition:

VAU means the Victims Assistance Unit in the Department.

6.    Regulation 4 substituted

Regulation 4 of the Principal Regulations is rescinded and the following regulation is substituted:

4.   Maximum award of compensation

(1)  For the purposes of section 6A(1) of the Act, the prescribed maximum is –

(a) $30 000 for a primary victim where there is a single offence; and

(b) $50 000 for a primary victim where there is more than one offence; and

(c) $20 000 for a secondary victim; and

(d) subject to subregulation (2) , $10 000 for a related victim.

(2)  The total amount awarded to related victims in respect of any particular criminal conduct is not to exceed $50 000.

7.    Regulation 5 amended (Application for award)

Regulation 5 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1)(a) "Court" and substituting "VAU";

(b) by omitting subsubparagraphs (A) and (B) from subregulation (1)(b)(iv) and substituting the following subsubparagraphs:

(A) a single offence; or

(B) a series of offences committed by the same offender; or

(C) a series of offences committed simultaneously or consecutively by offenders acting in concert;

(c) by inserting the following subsubparagraph after subsubparagraph (A) in subregulation (1)(b)(xii) :

(AA) by the conduct of a hearing in respect of a matter other than the amount of the award; or

(d) by omitting from subregulation (1)(b)(xii)(B) "filed in Court" and substituting "lodged with the VAU";

(e) by omitting from subregulation (1)(b)(xiii)(B) "number of incidents or occurrences of criminal conduct" and substituting "occurrence of a single offence or a series of offences";

(f) by omitting from subregulation (1)(b)(xiii)(D) " section 5 " and substituting "section 6";

(g) by omitting from subregulation (5)(c) "Court" first occurring and substituting "VAU";

(h) by omitting from subregulation (5)(c)(i) "filing" and substituting "lodging";

(i) by omitting from subregulation (5)(c)(ii) "filing" and substituting "lodging";

(j) by omitting from subregulation (5)(c)(ii) "Court" and substituting "VAU".

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

Notified in the Gazette on 1 June 2005

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Criminal Injuries Compensation Regulations 2000 by –

(a) renaming the regulations; and

(b) prescribing the maximum award payable in respect of criminal conduct; and

(c) making minor amendments to the requirements for applications for such awards.