Australian Capital Territory
Victims of Crime (Financial Assistance) Act 1983    
A1983-11
Republication No 29
Effective:  27 December 2007 – 28 July 2008
Republication date: 27 December 2007
Last amendment made by A2007-39

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Victims of Crime (Financial Assistance) Act 1983 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 27 December 2007.  It also includes any amendment, repeal or expiry affecting the republished law to 27 December 2007.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Victims of Crime (Financial Assistance) Act 1983

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	2A	Notes	2
	3	What is a violent crime?	2
	4	What is a criminal injury?	4
	5	References to applications and awards made on behalf of other people	4
	6	References to convictions—finding of proof without proceeding to conviction	5
	7	Evidence of criminal conduct	6
	8	Legal incapacity—criminal intent	6
Part 2	Eligibility for financial assistance
Division 2.1	Financial assistance for primary victims and responsible people
	9	Who is a primary victim?	7
	10	Financial assistance for primary victims and responsible people	7
	11	What is an extremely serious injury?	9
	12	No financial assistance for primary victims or responsible people	10
	13	Exhaustion of workers compensation remedies	11
	14	Maximum award—primary victims and responsible people	11
	15	Victims services scheme—primary victims	12
Division 2.2	Financial assistance for related victims
	16	Who is a related victim?	12
	17	Financial assistance for related victims	12
	18	No financial assistance for related victims	13
	19	Maximum award—related victims	14
	20	Victims services scheme—related victims	14
Division 2.3	Financial assistance for eligible property owners
	21	Who is an eligible property owner?	14
	22	Financial assistance for eligible property owners	15
	23	Maximum award—eligible property owners	15
	24	No financial assistance for eligible property owners	15
	25	Victims services scheme—eligible property owners	15
Part 3	Award of financial assistance
Division 3.1	Procedure
	26	Jurisdiction of Magistrates Court	16
	27	Application for financial assistance	16
	28	Proceedings on applications	17
	29	Civil standard of proof	18
	30	Medical examinations	18
Division 3.2	General criteria
	31	Relevant considerations	18
	32	Expenses—victims services scheme	19
	33	Dismissal of application—set-offs exceeding entitlements	19
Division 3.3	Set-offs—primary victims, responsible people and eligible property owners
	34	Application of div 3.3—primary victims, responsible people and eligible property owners	20
	35	Set-offs—other entitlements of primary victims, responsible people and eligible property owners	20
	36	Set-offs—special assistance for primary victims	21
	37	Set-offs—intoxication of primary victims	22
	38	Set-offs—minor crimes by primary victims and eligible property owners	22
Division 3.4	Set-offs—related victims
	39	Application of div 3.4—related victims	23
	40	Set-offs—other entitlements of related victims	23
	41	Set-offs—special assistance for related victims	24
Division 3.5	Miscellaneous
	42	Adjournment of proceedings pending ascertainment of set-off amounts	25
	43	Interim awards	25
	44	Conditions of awards of financial assistance	26
	45	Restriction on publication	26
	46	Variation of final awards of financial assistance	27
	47	Legal fees	28
	48	Territory liability to pay financial assistance	28
	49	Copies of awards and arrangements for payment	28
	50	Prohibition on financial assistance being applied to other purposes by operation of law or in the course of civil proceedings	29
	51	Other rights not affected	29
Part 4	Recovery of financial assistance
Division 4.1	Preliminary
	52	Definitions—pt 4	30
Division 4.2	Recovery from assisted people
	53	Repayment of financial assistance if civil damages recovered	31
Division 4.3	Recovery from offenders
	54	Provisional order for restitution	32
	55	Notice of objection by defendant	33
	56	Confirmation of provisional order—no recovery proceedings	33
	57	Confirmation of provisional order—recovery proceedings in Magistrates Court	34
	58	Arrangements for payment under order for restitution	35
	59	Confirmed order for restitution	35
	60	Effect of appeals against award of financial assistance, and variations of awards	36
	61	Appeals to Supreme Court	37
	61A	Order for restitution—judgment debt	37
	61B	Recovery under restitution orders—Confiscation of Criminal Assets Act	37
	62	Effect of order for restitution on civil proceedings	38
	63	Access to information about defendant’s whereabouts	38
Division 4.4	Reimbursement of offenders
	64	Reimbursement of offender if amounts paid under div 4.2 and div 4.3	38
Part 5	Compensation levy
	65	Meaning of levy—pt 5	40
	66	Application—pt 5	40
	67	Extended meaning of conviction—pt 5	41
	68	Imposition of levy	41
	69	Exemptions	41
	70	Effect of appeal etc	42
Part 6	Miscellaneous
	71	Registrar’s annual report	43
	73	Approved forms	43
	73A	Regulation-making power	43
Dictionary		44
Endnotes
	1	About the endnotes	50
	2	Abbreviation key	50
	3	Legislation history	51
	4	Amendment history	56
	5	Earlier republications	68

Australian Capital Territory
Victims of Crime (Financial Assistance) Act 1983

An Act relating to financial assistance for victims of crime and certain other people

    

Part 1	Preliminary
    
1	Name of Act
This Act is the Victims of Crime (Financial Assistance) Act 1983.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘criminal injury—see section 4.’ means that the term ‘criminal injury’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2A	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
3	What is a violent crime?
Each of the following is a violent crime:
	(a)	an offence against a section of the Crimes Act 1900 mentioned in table 3, column 2;
	(b)	an offence against the Criminal Code, section 309 (Robbery) or section 310 (Aggravated robbery);
	(c)	an offence against any other law prescribed by regulation.
Note	A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) that relates to the ACT law (see Legislation Act, s 189).
Table 3	Violent crimes—Crimes Act
column 1
item	column 2
section	column 3
description	
1	12	murder	
2	15	manslaughter	
3	19, 20, 25, 31	grievous bodily harm offences	
4	21	wounding	
5	22, 26	assault offences	
6	23, 24	actual bodily harm offences	
7	27	endangering life	
8	28	endangering health	
9	30	threat to kill	
10	32	demands with threats	
11	34	forcible confinement	
12	35	stalking	
13	36	torture	
14	37	abduction of young person	
15	38	kidnapping	
16	40	unlawfully taking child	
17	41	exposing or abandoning child	
18	42	child destruction	
19	43	childbirth—grievous bodily harm	
20	51, 52, 53	sexual assault offences	
21	54	sexual intercourse without consent	
22	55	sexual intercourse with young person	
23	56	sexual relationship with young person	
24	57 to 61	indecency offences	
25	62	incest	
26	63	abduction	
27	74, 75	female genital mutilation offences	
4	What is a criminal injury?
	(1)	A criminal injury is an injury—
	(a)	because of which the person who has sustained the injury is a primary victim; and
	(b)	sustained in the ACT; and
	(c)	sustained after 30 June 1983.
	(2)	For this Act, if a primary victim sustains 2 or more criminal injuries, they must be taken to be a single criminal injury if—
	(a)	the injuries were sustained at approximately the same time; or
	(b)	the injuries resulted from the criminal conduct of each of 2 or more people acting together; or
	(c)	the injuries otherwise arose out of the same circumstances.
5	References to applications and awards made on behalf of other people 
	(1)	This section applies if—
	(a)	an application is made by a person on behalf of another person; or
	(b)	an amount of financial assistance is awarded, or is to be awarded, for the benefit of a person on such an application.
	(2)	If this section applies, in this Act—
	(a)	a reference to an applicant is a reference to the person on whose behalf the application is made; and
	(b)	a reference to an application by a person is a reference to the application made on behalf of that person by another person; and
	(c)	a reference to an amount of financial assistance awarded (or to be awarded) to a person is a reference to the amount of financial assistance awarded (or to be awarded) for the benefit of that person.
6	References to convictions—finding of proof without proceeding to conviction
	(1)	This section applies if—
	(a)	a person has been charged before a court with an offence against another law; and
	(b)	the court has found the offence to be proved; and
	(c)	the court did not proceed to a conviction for that offence.
	(2)	In this Act—
	(a)	a reference to a person who has been convicted of an offence against another law includes a reference to a person to whom this section applies in relation to the offence; and
	(b)	a reference to a conviction for an offence against another law includes a reference to a finding by the court to which this section applies. 
7	Evidence of criminal conduct
	(1)	This section applies if a person has been convicted of an offence and—
	(a)	no appeal against the conviction has been instituted; or
	(b)	an appeal against the conviction has been decided without setting aside the conviction.
	(2)	For the purpose of proceedings on an application, a conviction of a person to which this section applies is taken to be conclusive evidence that the person did every act, and made every omission, that constituted or was an element of the offence of which the person was convicted.
8	Legal incapacity—criminal intent
For this Act, a person is taken to have intended an act or omission that, if done or made with intent, would have constituted criminal conduct even if he or she was legally incapable of forming that intent (whether because of age, mental condition, intoxication or otherwise).

Part 2	Eligibility for financial assistance
Division 2.1	Financial assistance for primary victims and responsible people
9	Who is a primary victim?
A primary victim is a person who is injured as a direct result of—
	(a)	a violent crime committed against him or her; or
	(b)	assisting a police officer in the course of any of the following actions by the police officer:
	(i)	an attempt to prevent the commission of an act or omission that the police officer believes on reasonable grounds would constitute an offence;
	(ii)	an attempt to arrest another person whom the police officer believes on reasonable grounds to have committed an offence;
	(iii)	an attempt to aid or rescue another person against whom the police officer believes on reasonable grounds an offence has been committed.
10	Financial assistance for primary victims and responsible people
	(1)	On an application by a primary victim who has sustained a criminal injury, the Magistrates Court may, by order, award financial assistance to the victim in an amount equal to the sum of the following amounts:
	(a)	the expense reasonably incurred by or on behalf of the victim as a consequence of the injury;
	(b)	the pecuniary loss suffered by the victim as a consequence of total or partial incapacity for work because of the injury;
	(c)	the expense incurred in making the application for financial assistance, other than by way of fees paid to a lawyer;
	(d)	unless paragraph (e) or (f) applies, special assistance in an amount of $30 000;
	(e)	if the victim is a police officer, ambulance officer or firefighter, and the criminal injury was sustained in the course of the exercise of his or her functions as a police officer, ambulance officer or firefighter—special assistance by way of reasonable compensation for pain and suffering in an amount of no more than $50 000;
	(f)	if the criminal injury was sustained as a result of a violent crime consisting of an offence against the Crimes Act 1900, sections 51 to 62 (in part 3 ‘Sexual offences’)—special assistance by way of reasonable compensation for pain and suffering in an amount of no more than $50 000.
	(2)	Special assistance for a primary victim may only be awarded by the Magistrates Court under subsection (1) (d) if—
	(a)	the criminal injury is an extremely serious injury; and
	(b)	the victim has obtained the assistance from the victims services scheme that is reasonably available, unless the person is physically incapable of benefiting from the scheme.
	(3)	On an application by a person responsible for the maintenance of a primary victim who has sustained a criminal injury, the Magistrates Court may, by order, award financial assistance to the applicant in an amount equal to the sum of the following amounts:
	(a)	the expense reasonably incurred by the person as a consequence of the injury;
	(b)	the pecuniary loss suffered by the person as a consequence of the injury, to the extent only that the loss is a result of the person’s inability to work.
	(4)	An applicant under this section in relation to a criminal injury must serve a copy of the application on each other person whom the applicant believes to be entitled to financial assistance under this section in relation to that injury.
	(5)	In this section:
ambulance officer means a member of the ambulance service. 
firefighter means—
	(a)	the chief officer (fire brigade); or
	(b)	any other member of the fire brigade; or
	(c)	the chief officer (rural fire service); or
	(d)	any other member of the rural fire service; or
	(e)	a member of an interstate or overseas emergency service (within the meaning of the Emergencies Act 2004) assisting at or immediately after a fire in the ACT.
11	What is an extremely serious injury?
	(1)	An extremely serious injury is a criminal injury that results in any of the following consequences:
	(a)	a permanent impairment of a bodily function that is extremely serious and will remain so permanently;
	(b)	a permanent loss of a bodily function that is extremely serious and will remain so permanently;
	(c)	a permanent disfigurement that is extremely serious and will remain so permanently;
	(d)	a permanent mental or behavioural disturbance or disorder that is extremely serious and will remain so permanently;
	(e)	the loss of a foetus.
	(2)	An impairment, loss, disfigurement, disturbance or disorder is only to be taken to be extremely serious if—
	(a)	it results in a great and permanent reduction in the injured person’s quality of life; and
	(b)	it is otherwise extremely serious.
	(3)	An impairment, loss, disfigurement, disturbance or disorder is not to be taken to be extremely serious, if the injured person were to undergo suitable medical or other treatment at any time—
	(a)	it would cease to be extremely serious because of an alleviation of the reduction in the injured person’s quality of life occasioned by the injury; or
	(b)	it would otherwise cease to be extremely serious.
12	No financial assistance for primary victims or responsible people
	(1)	The Magistrates Court must not award financial assistance to a primary victim or a person responsible for the maintenance of a primary victim—
	(a)	if the criminal injury arose out of the use of a motor vehicle; or
	(b)	if the amount of the assistance that would be awarded but for this subsection is less than $100; or
	(c)	if the primary victim is such a victim because of the commission of a violent crime against him or her—unless a report of the violent crime is made to a police officer.
	(2)	The Magistrates Court must not award financial assistance to a primary victim if, at the time the criminal injury was sustained, the primary victim was engaged in the commission of a serious crime.
13	Exhaustion of workers compensation remedies
	(1)	If a criminal injury arises out of or in the course of the primary victim’s employment, the victim may not apply for financial assistance until—
	(a)	an application has been made by the victim, or on the victim’s behalf, for workers compensation under the applicable workers compensation law; and
	(b)	either workers compensation is awarded to the victim, or workers compensation is refused following any applicable arbitration procedure under that workers compensation law.
	(2)	In this section:
workers compensation law means the Workers Compensation Act 1951, or any other law applying in the ACT that provides for the payment of compensation for injuries arising out of or in the course of employment.
Note	Under this Act, s 35 and s 36 if a primary victim has received, or is entitled to receive, an amount of workers compensation in relation to his or her criminal injury, any amount of financial assistance the primary victim might otherwise be awarded under this Act is reduced by that amount.  Under this Act, s 33 if the amount of workers compensation exceeds the amount of financial assistance that would otherwise be awarded, no financial assistance is payable under this Act.
14	Maximum award—primary victims and responsible people
The maximum aggregate financial assistance that may be awarded under this division in relation to a criminal injury is $50 000 (including any award of special assistance and any award to a person responsible for the maintenance of the primary victim).
15	Victims services scheme—primary victims
A primary victim is eligible for assistance under the victims services scheme, subject to the Victims of Crime Act 1994.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Division 2.2	Financial assistance for related victims
16	Who is a related victim?
A related victim in relation to a deceased primary victim is a person who, at the time of the primary victim’s death, had any of the following relationships with him or her:
	(a)	the person was a close family member in relation to the primary victim;
	(b)	the person was a dependant of the primary victim;
	(c)	the person had an intimate personal relationship with the primary victim.
17	Financial assistance for related victims
	(1)	If a primary victim dies as a result of sustaining a criminal injury, the Magistrates Court may, on a single or joint application by a related victim or related victims in relation to the primary victim, by order, award financial assistance to each related victim in an amount equal to the sum of the following amounts:
	(a)	the expense reasonably incurred by or on behalf of the related victim as a consequence of the primary victim’s criminal injury and death;
	(b)	the pecuniary loss suffered by or on behalf of the related victim as a consequence of the primary victim’s criminal injury and death;
	(c)	the expense incurred in making the application for financial assistance, other than by way of fees paid to a lawyer;
	(d)	special assistance in an amount calculated in accordance with section 19 (2).
	(2)	A related victim applying for financial assistance in relation to the death of a primary victim must serve a copy of the application on each other person whom the applicant believes to be another related victim in relation to the deceased primary victim.
18	No financial assistance for related victims
	(1)	The Magistrates Court must not award financial assistance to any related victim—
	(a)	if the criminal injury arose out of the use of a motor vehicle; or
	(b)	if the amount of the assistance that would be awarded but for this subsection is less than $100; or
	(c)	if, at the time the criminal injury was sustained, the primary victim was engaged in the commission of a serious crime; or
	(d)	if the primary victim was such a victim because of the commission of a violent crime against him or her—unless a report of the violent crime is made to a police officer.
	(2)	The Magistrates Court must not award financial assistance to a particular related victim if criminal conduct by that related victim contributed substantially towards the criminal injury that resulted in the death of the primary victim.
19	Maximum award—related victims
	(1)	The maximum aggregate financial assistance that may be awarded under this division in relation to the death of a primary victim is $50 000.
	(2)	The amount of special assistance to be awarded to each related victim as part of an award under this division must be—
	(a)	if financial assistance is awarded to only 1 related victim—$30 000; or
	(b)	if financial assistance is awarded to 2 or more related victims—the proportion of $30 000 that the Magistrates Court considers appropriate, such that the total amount of special assistance awarded is $30 000.
20	Victims services scheme—related victims
A related victim is eligible for assistance under the victims services scheme, subject to the Victims of Crime Act 1994.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Division 2.3	Financial assistance for eligible property owners
21	Who is an eligible property owner?
An eligible property owner is a person whose property is damaged while the person was assisting a police officer in course of any of the following actions by the police officer:
	(a)	an attempt to prevent the commission of an act or omission that the police officer believes on reasonable grounds would constitute an offence;
	(b)	an attempt to arrest another person whom the police officer believes on reasonable grounds to have committed an offence;
	(c)	an attempt to aid or rescue another person against whom the police officer believes on reasonable grounds an offence has been committed.
22	Financial assistance for eligible property owners
The Magistrates Court may, by order, award financial assistance to an eligible property owner in relation to reasonable costs incurred by the property owner as a result of the eligible property damage.
23	Maximum award—eligible property owners
The maximum aggregate financial assistance that may be awarded under this division in relation to any eligible property damage is $50 000.
24	No financial assistance for eligible property owners
The Magistrates Court must not award financial assistance to an eligible property owner if, at the time the eligible property damage occurred, the eligible property owner was engaged in the commission of a serious crime.
25	Victims services scheme—eligible property owners
An eligible property owner is eligible for assistance under the victims services scheme, subject to the Victims of Crime Act 1994.
Note 	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Part 3	Award of financial assistance
Division 3.1	Procedure
26	Jurisdiction of Magistrates Court
The Magistrates Court has jurisdiction to decide an application for financial assistance under this Act.
27	Application for financial assistance
	(1)	An application must—
	(a)	be in writing, supported by a statutory declaration; and
	(b)	be accompanied by a copy of—
	(i)	any relevant medical report; and
	(ii)	any relevant statement made to a police officer; and
	(iii)	any document showing the receipt of an amount payable under another law in relation to the relevant injury or property damage, or that is relevant to a claim for such a payment; and
	(iv)	any document showing the receipt of any damages for the relevant injury or property damage, or that is relevant to a claim for such damages; and
	(v)	if special assistance is applied for by a primary victim—a brief statement of any assistance obtained from the victims services scheme, certified as accurate by the person in charge of the responsible service agency prescribed by regulation under the Victims of Crime Act 1994, or, if the victim is physically incapable of benefiting from the scheme, a statement explaining why the victim is so incapable.
Note	If a form is approved under s 73 (Approved forms) for an application, the form must be used.
	(2)	An application, together with the required statutory declaration and each accompanying document, must be filed in the Magistrates Court within 12 months after the day when the relevant injury or property damage was sustained.
	(3)	The Magistrates Court may, on application made at any time (whether before or after the end of the period mentioned in subsection (2)), extend the time for the filing of an application if the court considers it just to do so.
	(4)	Within 14 days after an application is filed, the registrar must—
	(a)	forward a copy of the application, statutory declaration and each accompanying document to the government solicitor; and
	(b)	by written notice to the person for whom financial assistance is sought (or to the person making the application, if that is a different person) and to the government solicitor, fix a date, time and place for deciding the application.
28	Proceedings on applications
	(1)	The Territory has a right of appearance in a proceeding on an application.
	(2)	If the Territory enters an appearance, it is a party to the proceeding.
29	Civil standard of proof
It is sufficient for the Magistrates Court to be satisfied on the balance of probabilities in relation to any matter to be decided in proceedings on an application, including whether an offence has been committed if no conviction has been recorded.
30	Medical examinations
	(1)	If the Territory is a party to an application by a primary victim or a person responsible for the maintenance of a primary victim, it may require the primary victim to undergo examination by a health professional chosen by the victim from a list of health professionals approved by the Minister as having suitable expertise for examining and treating injuries of the type allegedly suffered by the victim.
	(2)	The costs of an examination undertaken under subsection (1) must be borne by the Territory.
	(3)	If a primary victim refuses to submit to a requirement made under subsection (1), the Magistrates Court must not award any financial assistance in accordance with the application.
Division 3.2	General criteria
31	Relevant considerations
	(1)	On an application, the Magistrates Court must take into account the relevant considerations specified in subsection (2) in deciding—
	(a)	whether to award financial assistance; and
	(b)	the amount of financial assistance to be awarded.
	(2)	The relevant considerations in relation to an application are as follows:
	(a)	the behaviour, condition, attitude and disposition, before and at the time the criminal injury or eligible property damage was sustained, of—
	(i)	for an application to which division 2.2 applies—the primary victim and any person responsible for the maintenance of the victim; or
	(ii)	for an application by a related victim—the related victim; or
	(iii)	for an application by an eligible property owner—the eligible property owner;
	(b)	any other considerations the Magistrates Court considers relevant.
32	Expenses—victims services scheme
On an application, the Magistrates Court must, in deciding whether an expense for a service has been reasonably incurred, take into account the availability of such a service to the victim under the victims services scheme.
33	Dismissal of application—set-offs exceeding entitlements
The Magistrates Court may dismiss an application if the amount by which a potential award of financial assistance to an applicant would be reduced under division 3.3 or 3.4 would equal or exceed the amount of the award of financial assistance that the court would otherwise order.
Division 3.3	Set-offs—primary victims, responsible people and eligible property owners
34	Application of div 3.3—primary victims, responsible people and eligible property owners
This division applies in relation to an application by a primary victim, a person responsible for the maintenance of a primary victim or an eligible property owner in relation to a criminal injury or eligible property damage.
35	Set-offs—other entitlements of primary victims, responsible people and eligible property owners
	(1)	If this section applies, the Magistrates Court must reduce the amount of the financial assistance (other than any amount by way of special assistance) that it would otherwise award to the applicant by the aggregate of the amounts in relation to which this section applies.
	(2)	This section applies if an applicant in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of 1 or more of the following amounts:
	(a)	such portion of any amount of damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage;
	(b)	such portion of any amount payable under another law that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage;
	(c)	an amount of reparation in relation to the injury or damage payable in the applicant’s favour under a reparation order under the Crimes (Sentencing) Act 2005;
Note	A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).
	(d)	an amount in relation to the injury or damage payable—
	(i)	as a medicare benefit under the Health Insurance Act 1973 (Cwlth); or
	(ii)	under a contract of insurance;
	(e)	for an application by a primary victim or a person responsible for the maintenance of a primary victim—the amount of any pension or allowance under the Social Security Act 1991 (Cwlth) payable as a consequence of the injury.
36	Set-offs—special assistance for primary victims
	(1)	If this section applies, the Magistrates Court must reduce the amount of any special assistance that it would otherwise award to the primary victim by the aggregate of the amounts in relation to which this section applies.
	(2)	This section applies if a primary victim in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of either or both of the following amounts:
	(a)	an amount of damages in relation to the injury or damage less any amount of those damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage;
	(b)	an amount payable under another law less any amount that is attributable to the expenses and pecuniary loss incurred by or on behalf of the applicant as a consequence of the injury or damage.
37	Set-offs—intoxication of primary victims
	(1)	On an application by a primary victim who is a primary victim solely because of having had a violent crime committed against him or her, if the victim was intoxicated at the time the criminal injury was sustained, the Magistrates Court must calculate the amount of financial assistance to be awarded to the victim by reference to the degree of injury the court considers that the victim would have sustained if he or she had not been intoxicated at that time.
	(2)	Subsection (1) does not apply to an application by a primary victim if the criminal injury resulted from criminal conduct in relation to a sexual crime committed against the primary victim.
	(3)	In this section:
intoxicated means intoxicated as a result of the voluntary consumption of alcohol or the voluntary administration of a drug of dependence, or a prohibited substance, within the meaning of the Drugs of Dependence Act 1989.
38	Set-offs—minor crimes by primary victims and eligible property owners
On an application by a primary victim or an eligible property owner, if the applicant  was engaged in the commission of a minor crime at the time the injury or damage was sustained, the Magistrates Court must calculate the amount of financial assistance to be awarded by reference to the degree of injury or damage the court considers that the applicant would have sustained if he or she had not been so engaged at that time.
Division 3.4	Set-offs—related victims
39	Application of div 3.4—related victims
This division applies in relation to an application to the Magistrates Court by a related victim or related victims for financial assistance in relation to a criminal injury.
40	Set-offs—other entitlements of related victims
	(1)	If this section applies in relation to an application, the Magistrates Court must reduce the aggregate amount of the financial assistance (other than any amount by way of special assistance) that it would otherwise award to all related victims in relation to whom the application is made by the aggregate of the amounts in relation to which this section applies.
	(2)	This section applies if any related victim in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of 1 or more of the following amounts:
	(a)	such portion of any amount of damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury;
	(b)	such portion of any amount payable under another law that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury;
	(c)	an amount of reparation in relation to the injury or damage payable under an order under a reparation order under the Crimes (Sentencing) Act 2005;
Note	A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).
	(d)	an amount in relation to the injury payable—
	(i)	as a medicare benefit under the Health Insurance Act 1973 (Cwlth); or
	(ii)	under a contract of insurance;
	(e)	the amount of any pension or allowance under the Social Security Act 1991 (Cwlth) payable as a consequence of the injury.
41	Set-offs—special assistance for related victims
	(1)	If this section applies in relation to an application, the Magistrates Court must reduce the aggregate amount of any special assistance that it would otherwise award to all the related victims in relation to whom the application is made by the aggregate of the amounts in relation to which this section applies.
	(2)	This section applies if any related victim in relation to whom this division applies has received, or is entitled to receive, payment (or the benefit of payment) of either or both of the following amounts:
	(a)	an amount of damages in relation to the injury less any amount of those damages that the Magistrates Court is satisfied is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury;
	(b)	an amount payable under another law less any amount that is attributable to the expenses and pecuniary loss incurred by or on behalf of the related victim as a consequence of the injury.
Division 3.5	Miscellaneous
42	Adjournment of proceedings pending ascertainment of set-off amounts
	(1)	This section applies if, in proceedings on an application—
	(a)	the applicant has not received, and is not entitled to receive, an amount that is liable to be set-off under division 3.3 or 3.4 in relation to the relevant injury or damage, other than an amount of damages; and
	(b)	the Magistrates Court considers that the applicant would become entitled to that amount if appropriate action were taken.
	(2)	If this section applies, the Magistrates Court must, by order, adjourn proceedings on the application until the time that the outcome of any appropriate action to claim the relevant amount is known.
43	Interim awards
	(1)	The Magistrates Court may, if it thinks just, by order, make an interim award of financial assistance to an applicant pending the making of a final award to the applicant if the court—
	(a)	is satisfied that financial assistance should be awarded to the applicant; and
	(b)	does not have sufficient information before it to enable the court to decide the amount of a final award to the applicant.
	(2)	An interim award to an applicant ceases to have effect when a final award is made to the applicant.
	(3)	The Magistrates Court must take into account the amount of an interim award to an applicant in deciding the amount of a final award to the applicant.
44	Conditions of awards of financial assistance
	(1)	An award of financial assistance may be made subject to the conditions the Magistrates Court decides.
	(2)	Without limiting subsection (1), an award may be made subject to conditions relating to—
	(a)	the disposal or apportionment of any amount to be paid under the award; and
	(b)	the holding of any amount to be paid under the award in trust for a person entitled to the benefit of that amount.
	(3)	If the Magistrates Court makes an award subject to the condition that any amount of the assistance awarded is to be held in trust for a person entitled to the benefit of that amount, the award must require that the amount to be held in trust be apportioned as follows:
	(a)	a specified amount (if any) is to be paid towards expenses reasonably incurred by or on behalf of the beneficiary of the trust as a consequence of the relevant criminal injury or eligible property damage;
	(b)	a specified amount (if any) is to be paid towards the pecuniary loss suffered by the beneficiary;
	(c)	any amount of special assistance awarded is to be paid towards the maintenance, education or benefit of the beneficiary.
45	Restriction on publication
	(1)	The Magistrates Court may make an order prohibiting the publication of any report or account of proceedings on an application, or any part of the proceedings, if satisfied that it is necessary in the public interest.
	(2)	In proceedings on an application, the Magistrates Court may make an order prohibiting the publication of a person’s name or any particulars likely to lead to his or her identification for any of the following people:
	(a)	the primary victim;
	(b)	the applicant;
	(c)	a person whose criminal conduct is relevant to the proceedings.
	(3)	The Magistrates Court may only make an order under subsection (2) if—
	(a)	the person has not been convicted of any offence relevant to the proceedings; or
	(b)	the court is satisfied that the making of the order is necessary in the interests of the administration of justice.
	(4)	In considering whether to make an order under this section, the Magistrates Court must have regard to the desirability of the public being made aware of the principles applied by the court with regard to applications.
	(5)	A person must not contravene an order made under this section.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
46	Variation of final awards of financial assistance
	(1)	The Magistrates Court may, on application by the government solicitor or the person in whose favour a final award was made, by order, vary a final award by increasing or reducing the amount of financial assistance awarded, or otherwise.
	(2)	In considering an application for the variation of a final award, the Magistrates Court must have regard to the following considerations:
	(a)	any further evidence that has become available since the date when the award was made in relation to the circumstances in which a criminal injury or eligible property damage was sustained, or criminal conduct occurred;
	(b)	any change in the economic circumstances of the successful applicant that has occurred since the date when the award was made;
	(c)	any other matter the court considers relevant.
47	Legal fees
A lawyer must neither charge nor seek to recover in relation to a proceeding under this Act an amount by way of fees that exceeds the amount allowable under a regulation.
48	Territory liability to pay financial assistance
If an interim or final award of financial assistance is made to a person, an amount equal to the amount of the assistance is payable by the Territory to that person, subject to this Act.
49	Copies of awards and arrangements for payment
	(1)	Following the making of an order for an interim or final award, the registrar must give a copy of the order to the following people:
	(a)	the person or persons in whose favour the award is made, or to the person making the application (if that is a different person);
	(b)	if an amount of financial assistance is awarded to be held in trust—the trustee;
	(c)	the government solicitor.
	(2)	On receiving a copy of an order for an interim or final award, the government solicitor must make arrangements for the payment of financial assistance in accordance with the order.
50	Prohibition on financial assistance being applied to other purposes by operation of law or in the course of civil proceedings
Financial assistance, whether paid or payable, is not subject to any of the following:
	(a)	attachment under a law in force in the ACT, other than a Commonwealth Act;
	(b)	assignment, charge or being taken in execution;
	(c)	being set off in any proceedings.
51	Other rights not affected
The making of an interim or final award does not affect the rights or liabilities of any person under any other law in force in the ACT in relation to the relevant criminal injury or eligible property damage, or the relevant criminal conduct. 

Part 4	Recovery of financial assistance
Division 4.1	Preliminary
52	Definitions—pt 4
In this part:
assisted person means a person to whom a final award has been made.
defendant means the person on whom a provisional order for restitution is served.
notice of objection means notice by the defendant under section 55 of objection to the confirmation of a provisional restitution order.
order for restitution means a provisional order for restitution that is confirmed by the Magistrates Court under section 56 or section 57.
provisional order for restitution means a provisional order for restitution that is made by the registrar under section 54.
recovery proceedings means proceedings of the Magistrates Court concerning the confirmation of a provisional order for restitution.
related crime, in relation to an award of financial assistance in relation to criminal conduct, means—
	(a)	an offence arising from substantially the same facts as those constituting that conduct; or
	(b)	any other offence if an offence mentioned in paragraph (a) was taken into account by a court when sentence was passed on the offender for that other offence.
Division 4.2	Recovery from assisted people
53	Repayment of financial assistance if civil damages recovered
	(1)	This section applies to an assisted person who has recovered either or both of the following amounts:
	(a)	an amount of damages in relation to the relevant criminal injury or eligible property damage;
	(b)	an amount under another law in relation to that injury or damage;
unless the amount of financial assistance awarded to the person was set off under division 3.3 or 3.4 by the amount or amounts mentioned in paragraph (a) or (b).
	(2)	An assisted person to whom this section applies is liable to pay the Territory—
	(a)	if the amount (or the aggregate of the amounts) mentioned in subsection (1) is less than the amount of financial assistance awarded to the person—an amount equal to the amount (or the aggregate of the amounts) mentioned in subsection (1); or
	(b)	if the amount (or the aggregate of the amounts) mentioned in subsection (1) is equal to or greater than the amount of financial assistance awarded to the person—an amount equal to the amount of financial assistance.
	(3)	A person who is liable under subsection (2) to pay an amount to the Territory must, within 28 days after the date when the liability to pay that amount arose, notify the chief executive in writing accordingly.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(4)	The chief executive must file with the Magistrates Court—
	(a)	a copy of a notice received under subsection (3); and
	(b)	if an amount is paid to the Territory under subsection (2)—notice of the payment.
Division 4.3	Recovery from offenders
54	Provisional order for restitution
	(1)	If the registrar considers that, before or after a final award is made in relation to criminal conduct, a person has been convicted of a related crime, the registrar may make a provisional order for the restitution of the amount of the award to the Territory by the person so convicted.
	(2)	However, the registrar must not make the provisional order only because the person’s property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003.
	(3)	A provisional order for restitution may only be made on an application to the registrar by the Territory that is filed in the Magistrates Court within 2 years after the date of the final award.
	(4)	The registrar must serve notice of a provisional order on the convicted person in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.
	(5)	A notice of a provisional order must—
	(a)	set out the terms of the order; and
	(b)	specify the date when the final award was made and the facts on which the award was based; and
	(c)	specify the related crime to which the order relates and the date when it is alleged that the person was convicted of that crime; and
	(d)	state that the person has 28 days in which to object to the order by a notice filed in the Magistrates Court; and
	(e)	state that if the person does not object, the order will be confirmed by the Magistrates Court and become a judgment debt payable by the person; and
	(f)	state that if the person files a notice of objection, the court will conduct a hearing into whether the order should be confirmed; and
	(g)	contain any other particulars that may be prescribed by regulation.
55	Notice of objection by defendant
	(1)	A defendant served with a provisional order for restitution may, within 28 days after service, file in the Magistrates Court a notice of objection to the confirmation of the order.
	(2)	A notice of objection must—
	(a)	include a statement of the grounds of objection on which the defendant intends to rely; and
	(b)	otherwise comply with the regulations.
56	Confirmation of provisional order—no recovery proceedings
	(1)	On application by the Territory, the Magistrates Court may confirm a provisional order for restitution without conducting a hearing if satisfied that the defendant has not filed a notice of objection within 28 days after notice of the provisional order was duly served on the defendant.
	(2)	If the Magistrates Court is satisfied that the assisted person has paid the Territory an amount under division 4.2 in relation to the relevant criminal conduct— 
	(a)	if the amount paid under division 4.2 is equal to or greater than the amount of restitution under the provisional order—the court must discharge the order; or
	(b)	if the amount paid under division 4.2 is less than the amount of restitution under the provisional order—if the provisional order is confirmed, the court must vary the order to reduce the amount of restitution so that it is equal to the difference between the amount paid under division 4.2 and the amount of the relevant final award.
57	Confirmation of provisional order—recovery proceedings in Magistrates Court
	(1)	If the defendant files a notice of objection to a provisional order for restitution within 28 days after notice of the provisional order was duly served on the defendant, the Magistrates Court must conduct a hearing to decide whether the provisional order should be confirmed.
	(2)	The Magistrates Court may confirm a provisional order for restitution in relation to a final award if satisfied that the defendant has been convicted of a related crime.
	(3)	The Magistrates Court may vary a provisional order for restitution that it confirms.
	(4)	If the Magistrates Court is satisfied that the assisted person has paid the Territory an amount under division 4.2 in relation to the relevant criminal conduct—
	(a)	if the amount paid under division 4.2 is equal to or greater than the amount of restitution under the provisional order—the court must discharge the order; or
	(b)	if the amount paid under division 4.2 is less than the amount of restitution under the provisional order—if the provisional order is confirmed, the court must vary the order to reduce the amount of restitution so that it is equal to the difference between the amount paid under division 4.2 and the amount of the relevant final award.
58	Arrangements for payment under order for restitution
	(1)	The Territory and a defendant may enter into an arrangement about payment under a provisional order for restitution or any such order that is confirmed.
	(2)	An arrangement may relate to the time for payment or to a reduction in the total amount payable under the order, or both.
	(3)	For the purpose of enabling the Territory and the defendant to come to an arrangement, the Magistrates Court may adjourn recovery proceedings for any period that it considers appropriate.
	(4)	If the defendant does not comply with an arrangement, the Territory may take or continue recovery proceedings for the purposes of confirming the provisional order for restitution for the total amount payable under the order.
59	Confirmed order for restitution
	(1)	The Magistrates Court may, when it confirms a provisional order for restitution, reduce the amount to be paid under the provisional order having regard to—
	(a)	the financial means of the defendant; and
	(b)	any other matters that are, in the opinion of the court, relevant to the decision.
	(2)	The maximum amount that may be ordered to be paid under an order for restitution (whether made against 1 or more defendants) is the amount that has been paid to the assisted person under the final award to which the order relates.
	(3)	If an order for restitution is made against 2 or more defendants in relation to the same final award, each of the defendants is jointly and severally liable under the order.
	(4)	If the Magistrates Court decides under subsection (1) to reduce the amount payable by a defendant under an order made against 2 or more defendants, the court may confirm the order subject to the liability of the defendant concerned being limited under the order to an amount specified in the order.
60	Effect of appeals against award of financial assistance, and variations of awards
	(1)	An order for restitution does not have any effect—
	(a)	until the period within which an appeal may be made against the final award from which it arises has ended; or
	(b)	if such an appeal is duly made within that period—until the appeal is finally disposed of.
	(2)	If the final award to which such an appeal relates is set aside as a result of the appeal, the order for restitution ceases to have effect.
	(3)	If the effect of such an appeal is to vary the amount of financial assistance awarded, on application by the Territory or the defendant the Magistrates Court may, by order, amend the order for restitution accordingly and make the ancillary orders that are necessary as a consequence.
	(4)	If a final award is varied as a result of an application under section 46 after an order for restitution has been made in relation to the award, on application by the Territory or the defendant, the Magistrates Court may, by order, amend the order for restitution accordingly and make the ancillary orders that are necessary as a consequence.
61	Appeals to Supreme Court
The defendant against whom an order for restitution is made, or the Territory, may appeal to the Supreme Court against the order.
Note	See the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).
61A	Order for restitution—judgment debt
The amount ordered to be paid by a court under an order for restitution is a judgment debt owing to the Territory.
Note	An amount owing under a law may be recovered as a debt in a court of competent jurisdiction (see Legislation Act, s 177).
61B	Recovery under restitution orders—Confiscation of Criminal Assets Act
	(1)	This section applies in relation to the recovery from a defendant (including under an arrangement under section 58) of an amount under a provisional order for restitution or a provisional order for restitution that is confirmed.
	(2)	To remove any doubt, the amount cannot be recovered from property that has been restrained or forfeited under the Confiscation of Criminal Assets Act 2003.
Note 1	Restrained property may be dealt with only in accordance with the Confiscation of Criminal Assets Act 2003 (the confiscation Act) (see that Act, s 19, def restraining order and s 33 (1)).  For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.
Note 2	For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5.
	(3)	In this section:
restrained—see the Crimes (Sentencing) Act 2005, section 112 (3).
62	Effect of order for restitution on civil proceedings
	(1)	This section applies to civil proceedings by or on behalf of an assisted person for the recovery of damages in relation to the criminal injury or eligible property damage in relation to which financial assistance was awarded.
	(2)	The making of an order for restitution does not affect a person’s right to commence or maintain civil proceedings to which this section applies, and damages in the proceedings must be assessed without regard to the order.
63	Access to information about defendant’s whereabouts
For the purposes of serving a provisional order for restitution on a defendant, or taking any action against the defendant to enforce an order for restitution, the registrar may, in writing, require any of the following people to give the registrar information about the address of the defendant:
	(a)	the chief police officer;
	(b)	the housing commissioner; 
	(c)	the chief executive (however described) of a government agency.
Division 4.4	Reimbursement of offenders
64	Reimbursement of offender if amounts paid under div 4.2 and div 4.3
	(1)	This section applies if—
	(a)	a defendant has fully complied with an order for restitution made under division 4.3 in relation to a final award to an assisted person; and
	(b)	on or after the date of the order, payment is made to the Territory in full satisfaction of the assisted person’s liability under division 4.2 in relation to that award.
	(2)	If this section applies, the Territory is liable to pay to the defendant the lesser of the following amounts:
	(a)	the amount of the defendant’s liability under division 4.3 under the order for restitution;
	(b)	the amount of the assisted person’s liability under division 4.2 in relation to the final award.
	(3)	On the written request of the defendant, the Territory may pay an amount equal to part or all of the applicable amount under subsection (2) to another person or persons nominated by the defendant, instead of paying the amount to the defendant.

Part 5	Compensation levy
    
65	Meaning of levy—pt 5
In this part:
levy means the levy imposed under section 68 (1).
66	Application—pt 5
	(1)	Subject to subsection (2), this part applies to all offences that are dealt with by the Supreme Court, the Magistrates Court, or the Childrens Court.
	(2)	This part does not apply to an offence—
	(a)	in relation to which a reparation order is made under—
	(i)	the Crimes (Sentencing) Act 2005; or
Note	A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142).
	(ii)	the Children and Young People Act 1999, section 96 (Disposition of young offenders); or
	(iii)	the Crimes Act 1914 (Cwlth), section 21B; or
	(b)	in relation to which an infringement notice has been served.
	(3)	In this section:
infringement notice includes an offence notice under the Drugs of Dependence Act 1989.
Note	The Legislation Act dict, pt 1 defines infringement notice as including an infringement notice under the Magistrates Court Act 1930 or the Road Transport (General) Act 1999.
67	Extended meaning of conviction—pt 5
	(1)	For this part, a person is taken to have been convicted of an offence if—
	(a)	the person is found guilty of the offence; or
	(b)	the offence was taken into account by a court when sentencing the person for another offence.
Note	Found guilty is defined in the Legislation Act, dict, pt 1.
	(2)	For this section, a person is taken to have been found guilty of an offence if an order is made in relation to the offence under the Crimes Act 1914 (Cwlth), section 19B (1).
68	Imposition of levy
	(1)	If a person is convicted of an offence to which this part applies, the person is liable to pay the Territory a levy of $50.
	(2)	The levy is in addition to, and does not form part of, any pecuniary penalty imposed in relation to the offence.
	(3)	Any money paid to the Territory in respect of an offence to which this part applies is to be applied towards the discharge of liability for the levy before it is applied towards the discharge of liability for any pecuniary penalty imposed in relation to the offence.
69	Exemptions
	(1)	A person who is under 18 years of age is not liable to pay the levy if the court by which the person is convicted directs (whether at the time of conviction or at any later time) that the person is exempt from liability to pay the levy.
	(2)	The court before which a person is convicted of an offence may exempt the person from liability to pay the levy in relation to—
	(a)	that offence if, earlier on the same day, the court had convicted the person of another offence; or
	(b)	any other offence that the court has taken into account in passing sentence for the first mentioned offence.
70	Effect of appeal etc
	(1)	The commencement of any proceedings by way of appeal against, or review of, a conviction for an offence in relation to which a levy is imposed on a person stays the liability of the person to pay the levy.
	(2)	The setting aside of a conviction of a person annuls the liability of the person to pay the levy.
	(3)	The dismissal of proceedings by way of appeal against, or review of, a conviction removes the stay of liability.

Part 6	Miscellaneous
    
71	Registrar’s annual report
A report prepared by the registrar under the Annual Reports (Government Agencies) Act 2004 for a financial year must include details of the following during the year:
	(a)	the number of applications made;
	(b)	particulars of awards made on the applications;
	(c)	a brief description of the facts and circumstances to which the applications related;
	(d)	any other particulars relating to the operation of this Act that the registrar considers appropriate.
Note	Financial year has an extended meaning in the Annual Reports (Government Agencies) Act 2004.
73	Approved forms
	(1)	The Minister may approve forms for this Act.
	(2)	If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
Not 	For other provisions about forms, see the Legislation Act, s 255.
	(3)	An approved form is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
73A	Regulation-making power
The Executive may make regulations for this Act.
Note	A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	chief officer (fire brigade)
·	chief officer (rural fire service)
·	Criminal Code
·	fire brigade
·	individual
·	Magistrates Court
·	person
·	Supreme Court
·	the Territory.
amount of financial assistance—see section 5 (2) (c).
another law means a territory law other than this law, or a law of the Commonwealth, a State or another Territory.
applicant—see section 5 (2) (a).
application means an application to the Magistrates Court for an award of financial assistance under this Act.
application—see section 5 (2) (b).
assisted person—see section 52.
close family member, in relation to a deceased primary victim, means a person who had a genuine personal relationship with the victim at the time of the victim’s death, and who was, at that time—
	(a)	the domestic partner of the victim; or
Note	For the meaning of domestic partner, see Legislation Act, s 169.
	(b)	a parent, guardian or step-parent of the victim; or
	(c)	a child or stepchild of the victim, or some other child of whom the victim is the guardian; or
	(d)	a brother, sister, stepbrother, stepsister, half-brother or half-sister of the victim.
convicted—see section 6 (2) (a).
conviction—
	(a)	for this Act generally—see section 6 (2) (b); and
	(b)	for part 5 (Compensation levy)—see section 67.
court means the Magistrates Court.
criminal conduct means—
	(a)	an act or omission that constitutes, or is an element of, an offence; or
	(b)	in relation to an offence believed on reasonable grounds by a police officer to be about to be committed, or to have been committed—an act or omission that the police officer believes on reasonable grounds would constitute, or constitutes, an offence, or an element of an offence.
criminal injury—see section 4.
damage, in relation to property, includes the loss or destruction of the property.
damages means an amount of damages recovered or recoverable in the ACT or elsewhere, and—
	(a)	includes an amount paid under a compromise or settlement of a claim for damages, whether legal proceedings had been instituted or not; but
	(b)	does not include an amount paid for costs incurred in connection with proceedings in a court.
defendant—see section 52.
dependant, in relation to a deceased primary victim, means—
	(a)	a person who was wholly or partly dependent for economic support on the victim at the time of the victim’s death; or
	(b)	a person who would have been wholly or partly dependent for economic support on the victim’s income at the time of the victim’s death but for the incapacity of the victim because of the criminal injury that resulted in the victim’s death; or
	(c)	a child of the victim born after the victim’s death who would have been a dependant of the victim under paragraph (a) or (b) if he or she had been born before the victim’s death.
eligible property damage, in relation to an eligible property owner, means the damage because of which the person is an eligible property owner.
eligible property owner—see section 21.
extremely serious injury—see section 11.
final award means an award of financial assistance under part 2, but does not include an interim award.
financial assistance means financial assistance awarded under an application, including any amount of special assistance forming part of that award.
guardian does not include the chief executive responsible for administering the Children and Young People Act 1999, chapter 2 (General objects, principles and parental responsibility) or any other person who is a guardian because of the person’s occupation of a statutory office, whether within the ACT or elsewhere.
health professional—see the Health Professionals Act 2004, section 14.
injury means a physical or mental injury, and includes—
	(a)	mental shock or nervous shock; and
	(b)	pregnancy; and
	(c)	the aggravation, acceleration or recurrence of any physical or mental injury; and
	(d)	the contraction, aggravation, acceleration or recurrence of a disease; and
	(e)	damage to spectacles, a contact lens, a hearing aid, artificial teeth, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance.
interim award means an interim award of financial assistance under section 43.
levy—for part 5 (Compensation levy)—see section 65.
minor crime means an offence against another law other than—
	(a)	a violent crime; or
	(b)	a serious crime.
notice of objection—see section 52.
offence means an offence against a law in force in the ACT.
order for restriction—see section 52.
primary victim—see section 9.
provisional order for restriction—see section 52.
recovery proceedings—see section 52.
registrar means the registrar of the Magistrates Court.
related crime—see section 52.
related victim—see section 16.
serious crime means any of the following offences against another law:
	(a)	an offence against the person;
	(b)	an offence relating to property;
	(c)	an offence against the Criminal Code, chapter 6 (Serious drug offences) other than section 618 (Cultivating controlled plant);
	(d)	an offence involving dishonesty;
	(e)	an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraphs (a) to (d).
Note	A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
sexual crime means any of the following offences:
	(a)	an offence against the Crimes Act 1900, part 3 (an ACT sexual offence);
	(b)	an offence against a law of the Commonwealth, a State or another Territory corresponding to an ACT sexual offence;
	(c)	an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (b).
Note	A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
victim means a primary victim, a related victim or an eligible property owner.
victims services scheme means the scheme for providing services to victims of crime provided for under the Victims of Crime Act 1994.
violent crime—see section 3.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This Act was originally a Commonwealth ordinance—the Criminal Injuries Compensation Ordinance 1983 No 11 (Cwlth).
The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted some former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1990. The Act was later renamed by the Victims of Crime (Financial Assistance) (Amendment) Act 1999 (see pt 2).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 25).
	Legislation before becoming Territory enactment
Victims of Crime (Financial Assistance) Act 1983 No 11
notified 30 June 1983
commenced 30 June 1983
as amended by
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Gaz 1986 No 3)
Criminal Injuries Compensation (Amendment) Ordinance 1986 No 28
notified 31 July 1986
commenced 31 July 1986
Criminal Injuries Compensation (Amendment) Ordinance 1988 No 89
notified 21 December 1988
commenced 21 December 1988
Self-Government (Consequential Amendments) Ordinance 1990 No 5 sch 1
notified 27 June 1990
s 1, s 2 commenced 27 June 1990 (s 2 (1))
sch 1 commenced 1 July 1990 (s 2 (2))
	Legislation after becoming Territory enactment
Criminal Injuries Compensation (Amendment) Act 1991 No 13
notified 30 April 1991 (Gaz 1991 No S30)
commenced 30 April 1991
Magistrates and Coroner’s Courts (Registrar) Act 1991 No 44 s 7
notified 20 September 1991 (Gaz 1991 No S95)
s 1, s 2 commenced 20 September 1991 (s 2 (1))
s 7 commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103)
Criminal Injuries Compensation (Amendment) Act 1992 No 7
notified 28 May 1992 (Gaz 1992 No S59)
commenced 28 May 1992
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 23 
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
sch 1 pt 23 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Criminal Injuries Compensation (Amendment) Act 1996 No 68
notified 20 December 1996 (Gaz 1996 No S328)
s 1, s 2 and s 3 commenced 20 December 1996 (s 2 (1))
remainder commenced 1 January 1997 (s 2 (2) and Gaz 1996 No S352)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))
Motor Traffic (Amendment) Act (No 2) 1999 No 50 sch
notified 17 September 1999 (Gaz 1999 No S54)
s 1, s 2 and s 3 commenced 17 September 1999 (s 2 (1))
sch commenced 6 October 1999 (s 2 (2) and Gaz 1999 No S58)
Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2
notified 10 November 1999 (Gaz 1999 No 45)
s 1, s 2 commenced 10 November 1999 (s 2 (1))
sch 2 commenced 11 May 2000 (s 2 (2))
Road Transport Legislation Amendment Act 1999 No 79 sch 3
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (IA s 10B)
sch 3 commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)
Victims of Crime (Financial Assistance) (Amendment) Act 1999 No 91
notified 23 December 1999 (Gaz 1999 No S65)
s 1, s 2 commenced 23 December 1999 (s 2 (1))
remainder commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)
Victims of Crime (Financial Assistance) Amendment Act 2000 No 32
notified 6 July 2000 (Gaz 2000 No S33)
commenced 6 July 2000 (s 2)
Statute Law Amendment Act 2000 No 80 sch 3
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2 (1))
Statute Law Amendment Act 2001 No 11 sch 3
notified 29 March 2001 (Gaz 2001 No 13)
commenced 29 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 409
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 409 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Road Transport (Public Passenger Services) Act 2001 No 62 pt 1.8
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 1.8 commenced 1 December 2001 (s 2 and CN 2001 No 2)
Legislation Amendment Act 2002 No 11 pt 2.50
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.50 commenced 28 May 2002 (s 2 (1))
Criminal Code 2002 No 51 pt 1.26
notified LR 20 December 2002 
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.26 commenced 1 January 2003 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.35
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.35 commenced 28 March 2003 (s 2)
Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.37
notified LR 19 March 2004
s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
sch 1 pt 1.37 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 3 pt 3.5
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 3 pt 3.5 commenced 9 April 2004 (s 2 (1))
Emergencies Act 2004 A2004-28 sch 3 pt 3.25
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
sch 3 pt 3.25 commenced 1 July 2004 (s 2 (1) and CN2004-11)
Health Professionals Legislation Amendment Act 2004 A2004-39 sch 11 pt 11.1
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))
sch 11 pt 11.1 commenced 9 January 2007 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 as am by A2005-28 amdt 1.1; A2006-27 s 12)
Criminal Code (Serious Drug Offences) Amendment Act 2004 
A2004-56 sch 1 pt 1.7
notified LR 6 September 2004
s 1, s 2 commenced 6 September 2004 (LA s 75 (1))
sch 1 pt 1.7 commenced 6 March 2005 (s 2 and LA s 79)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.73
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))
sch 1 pt 1.73 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.71
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.71 commenced 2 June 2005 (s 2 (1))
Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.30
notified LR 26 October 2005
s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
sch 1 pt 1.30 commenced 23 November 2005 (s 2)
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.37
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.37 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.31
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))
sch 2 pt 2.31 commenced 29 September 2006 (s 2 (1))
Housing Assistance Act 2007 A2007-8 sch 1 pt 1.11
notified LR 10 May 2007
s 1, s 2 commenced 10 May 2007 (LA s 75 (1))
sch 1 pt 1.11 commenced 10 November 2007 (s 2 and LA s 79)
Justice and Community Safety Legislation Amendment Act 2007 A2007‑22 sch 1 pt 1.16
notified LR 5 September 2007
s 1, s 2 commenced 5 September 2007 (LA s 75 (1))
sch 1 pt 1.16 commenced 6 September 2007 (s 2)
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.28
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.28 commenced 27 December 2007 (s 2)
4	Amendment history
Title
title	am 1999 No 91 s 4
Preliminary
pt 1 hdg	ins 1996 No 68 s 4
	sub 1999 No 91 s 5
Name of Act
s 1	sub 1999 No 91 s 5
Dictionary
s 2	am 1991 No 13 s 3
	sub 1999 No 91 s 5
	defs reloc to dict A2007-39 amdt 3.127
	sub A2007-39 amdt 3.128
	def clerk am 1985 No 67 sch pt 1
	om 1991 No 44 s 7
	def file ins 1999 No 91 s 5
	om A2004-60 amdt 1.688
	def inquiry am 1992 No 7 s 6
	om 1991 No 91 s 5
	def prescribed injury om 1991 No 91 s 5
	def prescribed property damage om 1991 No 91 s 5
	def secretary om ord 1990 No 5 sch 1
Notes
s 2A	ins A2007-39 amdt 3.128
What is a violent crime?
s 3	am 1991 No 13 s 4
	sub 1999 No 91 s 5
	am A2004-15 amdts 3.21-3.23
	sub A2007-39 amdt 3.129
What is a criminal injury?
s 4	am ord 1990 No 5 sch 1
	sub 1999 No 91 s 5
References to applications and awards made on behalf of other people
s 5	am ord 1990 No 5 sch 1; 1997 No 96 sch 1
	sub 1999 No 91 s 5
	am 2000 No 80 amdt 3.31
References to convictions—finding of proof without proceeding to conviction
s 6	am ord 1990 No 5 sch 1
	sub 1999 No 91 s 5
Evidence of criminal conduct
s 7	am 1986 No 28 s 2; 1991 No 13 s 5
	sub 1999 No 91 s 5
	am A2004-60 amdt 1.689
Legal incapacity—criminal intent
s 8	sub 1999 No 91 s 5
Eligibility for financial assistance
pt 2 hdg	ins 1996 No 68 s 5
pt 2	sub 1999 No 91 s 5
Financial assistance for primary victims and responsible people
div 2.1 hdg	(prev pt 2 div hdg) ins 1999 No 91 s 5
	renum R6 LA
Who is a primary victim?
s 9	sub 1999 No 91 s 5
Financial assistance for primary victims and responsible people
s 10	am 1985 No 67 sch pt 1; ord 1990 No 5 sch 1; 1991 No 13 s 6; 1991 No 44 s 7; 1992 No 7 ss 4-6; 2000 No 80 amdt 3.32, amdt 3.33
	sub 1999 No 91 s 5
	am A2004-28 amdt 3.68
What is an extremely serious injury?
s 11	am 1985 No 67 sch pt 1; 1988 No 89 s 3; 1992 No 7 s 6
	sub 1999 No 91 s 5
No financial assistance for primary victims or responsible people
s 12	am 1985 No 67 sch pt 1; ord 1990 No 5 sch 1; 1991 No 44 s 7; 1992 No 7 s 5; 1994 No 38 sch 1 pt 23
	sub 1999 No 91 s 5
Exhaustion of workers compensation remedies
s 13	sub 1999 No 91 s 5
Maximum award—primary victims and responsible people
s 14	am ord 1990 No 5 sch 1
	om 1991 No 13 s 7
	ins 1999 No 91 s 5
Victims services scheme—primary victims
s 15	am ord 1990 No 5 sch 1; 1991 No 13 s 8
	sub 1999 No 91 s 5
	am 2001 No 44 amdt 1.4240, amdt 1.4241
Financial assistance for related victims
div 2.2 hdg	(prev pt 2 div 2 hdg) ins 1999 No 91 s 5
	renum R6 LA
Who is a related victim?
s 16	sub 1999 No 91 s 5
Financial assistance for related victims
s 17	am 1994 No 81 sch
	sub 1999 No 91 s 5
No financial assistance for related victims
s 18	am 1991 No 13 s 11; 1992 No 7 s 6
	sub 1999 No 91 s 5
Maximum award—related victims
s 19	am 1992 No 7 s 6
	sub 1999 No 91 s 5
Victims services scheme—related victims
s 20	am 1992 No 7 s 6
	sub 1999 No 91 s 5
	am 2001 No 44 amdt 1.4242, amdt 1.4243
Financial assistance for eligible property owners
div 2.3 hdg	(prev pt 2 div 3 hdg) ins 1999 No 91 s 5
	renum R6 LA
Who is an eligible property owner?
s 21	am ord 1990 No 5 sch 1; 1991 No 13 s 11; 1992 No 7 s 6
	sub 1999 No 91 s 5
Financial assistance for eligible property owners
s 22	am ord 1990 No 5; 1992 No 7 s 6
	sub 1999 No 91 s 5
Maximum award—eligible property owners
s 23	am 1992 No 7 s 6; 1994 No 81 sch
	sub 1999 No 91 s 5
No financial assistance for eligible property owners
s 24	am ord 1990 No 5 sch 1; 1992 No 7 s 6; 1994 No 81 sch
	sub 1999 No 91 s 5
Victims services scheme—eligible property owners
s 25	am 1992 No 7 s 6
	sub 1999 No 91 s 5
	am 2001 No 44 amdt 1.4244, amdt 1.4245
Award of financial assistance
pt 3 hdg	orig pt 3 hdg ins 1996 No 68 s 6
	renum as pt 5 hdg 1999 No 91 s 7
	pres pt 3 hdg ins 1999 No 91 s 5
Procedure
div 3.1 hdg	(prev pt 3 div 1 hdg) ins 1999 No 91 s 5
	renum R6 LA
Jurisdiction of Magistrates Court
s 26	am 1992 No 7 s 6
	sub 1999 No 91 s 5
	am A2004-60 amdt 1.689
Application for financial assistance
s 27	am ord 1990 No 5 sch 1
	sub 1999 No 91 s 5
	am 2001 No 44 amdts 1.4246-1.4248; A2004-60 amdt 1.690, amdt 1.691
Procedure on applications
s 28	am ord 1990 No 5 sch 1; 1992 No 7 s 6
	sub 1999 No 91 s 5; A2004-60 amdt 1.692
	(1), (4) exp 1 July 2006 (s 28 (4))
	ss renum R24 LA
Civil standard of proof
s 29	am ord 1990 No 5 sch 1; 1994 No 38 sch 1 pt 23; 1994 No 81 sch
	sub 1999 No 91 s 5
	am A2004-60 amdt 1.693
Recovery of compensation from offenders
s 29A	ins 1991 No 13 s 9
	om 1999 No 91 s 5
Reimbursement of offender
s 29B	ins 1991 No 13 s 9
	om 1999 No 91 s 5
Medical examinations
s 30	am 1985 No 67 sch pt 1; ord 1990 No 5 sch 1; 1991 No 13 s 11; 1991 No 44 s 7; 1992 No 7 s 5, s 6
	sub 1999 No 91 s 5
General criteria
div 3.2 hdg	(prev pt 3 div 2 hdg) ins 1999 No 91 s 5
	renum R6 LA
Relevant considerations
s 31	am ord 1990 No 5 sch 1
	sub 1999 No 91 s 5
	am A2004-60 amdt 1.694
Expenses—victims services scheme
s 32	sub 1999 No 91 s 5
	am A2004-60 amdt 1.694
Dismissal of application—set-offs exceeding entitlements
s 33	am ord 1990 No 5 sch 1
	sub 1999 No 91 s 5
Set-offs—primary victims, responsible persons and eligible property owners
div 3.3 hdg	(prev pt 3 div 3 hdg) ins 1999 No 91 s 5
	renum R6 LA
Application of div 3.3—primary victims, responsible people and eligible property owners
s 34	am ord 1990 No 5 sch 1; 1992 No 7 s 6
	sub 1999 No 91 s 5
Interpretation
s 34A	ins 1996 No 68 s 6
	renum as s 65 1999 No 91 s 7
Application of part
s 34B	ins 1996 No 68 s 6
	renum as s 66 1999 No 91 s 7
Extended meaning of conviction
s 34C	ins 1996 No 68 s 6
	renum as s 67 1999 No 91 s 7
Imposition of levy
s 34D	ins 1996 No 68 s 6
	renum as s 68 1999 No 91 s 7
Exemptions
s 34E	ins 1996 No 68 s 6
	renum as s 69 1999 No 91 s 7
Effect of appeal etc
s 34F	ins 1996 No 68 s 6
	renum as s 70 1999 No 91 s 7
Set-offs—other entitlements of primary victims, responsible people and eligible property owners
s 35	orig s 35 renum as s 71 1999 No 91 s 7
	pres s 35 ins 1999 No 91 s 5
	am A2006-23 amdt 1.301
	(2) (c) note exp 2 June 2011 (see A2005-58 s 147 (2) (c))
Set-offs—special assistance for primary victims
s 36	orig s 36 renum as s 73 1999 No 91 s 7
	pres s 36 ins 1999 No 91 s 5
Set-offs—intoxication of primary victims
s 37	ins 1999 No 91 s 5
Set-offs—minor crimes by primary victims and eligible property owners
s 38	ins 1999 No 91 s 5
Set-offs—related victims
div 3.4 hdg	(prev pt 3 div 4 hdg) ins 1999 No 91 s 5
	renum R6 LA
Application of div 3.4—related victims
s 39	ins 1999 No 91 s 5
Set-offs—other entitlements of related victims
s 40	ins 1999 No 91 s 5
	am A2006-23 amdt 1.302
	(2) (c) note exp 2 June 2011 (see A2005-58 s 147 (2) (c))
Set-offs—special assistance for related victims
s 41	ins 1999 No 91 s 5
Miscellaneous
div 3.5 hdg	(prev pt 3 div 5 hdg) ins 1999 No 91 s 5
	renum R6 LA
Adjournment of proceedings pending ascertainment of set-off amounts
s 42	ins 1999 No 91 s 5
Interim awards
s 43	ins 1999 No 91 s 5
	am A2004-60 amdt 1.695, amdt 1.696
Conditions of awards of financial assistance
s 44	ins 1999 No 91 s 5
	am A2004-60 amdt 1.697
Restriction on publication
s 45	ins 1999 No 91 s 5
Variation of final awards of financial assistance
s 46	ins 1999 No 91 s 5
Legal fees
s 47	ins 1999 No 91 s 5
Territory liability to pay financial assistance
s 48	ins 1999 No 91 s 5
Copies of awards and arrangements for payment
s 49	ins 1999 No 91 s 5
Prohibition on financial assistance being applied to other purposes by operation of law or in the course of civil proceedings
s 50	ins 1999 No 91 s 5
Other rights not affected
s 51	ins 1999 No 91 s 5
Recovery of financial assistance
pt 4 hdg	orig pt 4 hdg ins 1996 No 68 s 6
	renum as pt 6 hdg 1999 No 91 s 7
	pres pt 4 ins 1999 No 91 s 5
Preliminary
div 4.1 hdg	(prev pt 4 div 1 hdg) ins 1999 No 91 s 5
	renum R6 LA
Definitions—pt 4
s 52	ins 1999 No 91 s 5
	am A2006-23 amdt 1.303
Recovery from assisted people
div 4.2 hdg	(prev pt 4 div 2 hdg) ins 1999 No 91 s 5
	renum R6 LA
Repayment of financial assistance if civil damages recovered
s 53	ins 1999 No 91 s 5
Recovery from offenders
div 4.3 hdg	(prev pt 4 div 3 hdg) ins 1999 No 91 s 5
	renum R6 LA
Provisional order for restitution
s 54	ins 1999 No 91 s 5
	am A2004-60 amdts 1.698-1.700; A2006-23 amdt 1.304; ss renum A2006-23 amdt 1.305
Notice of objection by defendant
s 55	ins 1999 No 91 s 5
	am A2004-60 amdt 1.700
Confirmation of provisional order—no recovery proceedings
s 56	ins 1999 No 91 s 5
Confirmation of provisional order—recovery proceedings in Magistrates Court
s 57	ins 1999 No 91 s 5
	am A2004-60 amdt 1.701
Arrangements for payment under order for restitution
s 58	ins 1999 No 91 s 5
Confirmed order for restitution
s 59	ins 1999 No 91 s 5
	am A2004-60 amdt 1.702
Effect of appeals against award of financial assistance, and variations of awards
s 60	ins 1999 No 91 s 5
Appeals to Supreme Court
s 61	ins 1999 No 91 s 5
	sub A2006-40 amdt 2.209
Order for restitution—judgment debt
s 61AA	renum as s 61A
Order for restitution—judgment debt
s 61A	orig s 61A
	renum as s 61B
	pres s 61A
	(prev s 61AA) ins A2007-22 amdt 1.57
	renum as s 61A A2007-22 amdt 1.58
Recovery under restitution orders—Confiscation of Criminal Assets Act
s 61B	(prev s 61A) ins A2006-23 amdt 1.306
	renum as s 61B A2007-22 amdt 1.58
Effect of order for restitution on civil proceedings
s 62	ins 1999 No 91 s 5
Access to information about defendant’s whereabouts
s 63	ins 1999 No 91 s 5
	am 2000 No 80 amdt 3.34, amdt 3.35; A2007-8 amdt 1.22
Reimbursement of offenders
div 4.4 hdg	(prev pt 4 div 4 hdg) ins 1999 No 91 s 5
	renum R6 LA
Reimbursement of offender if amounts paid under div 4.2 and div 4.3
s 64	ins 1999 No 91 s 5
Compensation levy
pt 5 hdg	(prev pt 3 hdg) ins 1996 No 68 s 6
	renum 1999 No 91 s 7
Meaning of levy—pt 5
s 65	(prev s 34A) ins 1996 No 68 s 6
	renum 1999 No 91 s 7
	am 1999 No 91 sch 1
Application—pt 5
s 66	(prev s 34B) ins 1996 No 68 s 6
	am 1999 No 50 sch; 1999 No 79 sch 3; 1999 No 64 sch 2
	renum 1999 No 91 s 7
	am 2000 No 80 amdt 3.36; 2001 No 62 amdt 1.28; A2005-20 amdt 3.459; A2006-23 amdt 1.307
	(2) (a) (i) note exp 2 June 2011 (see A2005-58 s 147 (2) (c))
Extended meaning of conviction—pt 5
s 67	(prev s 34C) ins 1996 No 68 s 6
	am 1999 No 64 sch 2
	renum 1999 No 91 s 7
	sub A2006-23 amdt 1.308
Imposition of levy
s 68	(prev s 34D) ins 1996 No 68 s 6
	renum 1999 No 91 s 7
	am 2000 No 32 s 4
Exemptions
s 69	(prev s 34E) ins 1996 No 68 s 6
	renum 1999 No 91 s 7
	am A2006-23 amdt 1.309
Effect of appeal etc
s 70	(prev s 34F) ins 1996 No 68 s 6
	renum 1999 No 91 s 7
Miscellaneous
pt 6 hdg	(prev pt 4 hdg) ins 1996 No 68 s 6
	renum 1999 No 91 s 7
Registrar’s annual report
s 71	(prev s 35) am ord 1990 No 5 sch 1; 1992 No 7 s 6
	renum 1999 No 91 s 7
	am 1999 No 91 sch 1; 2000 No 80 amdt 3.37
	sub A2004-9 amdt 1.50
Review of Act and victims services scheme
s 72	ins 1999 No 91 s 6
	om A2007-39 amdt 3.130
Approved forms
s 73	(prev s 36) am ord 1990 No 5 sch 1
	renum 1999 No 91 s 7
	sub 2000 No 80 amdt 3.38; 2001 No 44 amdt 1.4249
	(4)-(7) exp 12 September 2002 (s 73 (7))
	am A2007-39 amdt 3.131, amdt 3.132
Regulation-making power
s 73A	ins 2001 No 44 amdt 1.4249
Transitional
pt 7 hdg	ins 2001 No 11 amdt 3.270
	exp 31 December 2003 (s 79 (1))
Definitions for pt 7
s 74	ins 2001 No 11 amdt 3.270
	exp 31 December 2003 (s 79 (1))
Proceedings begun on or before 23 June 1998
s 75	ins 2001 No 11 amdt 3.270
	exp 31 December 2003 (s 79 (1))
Undetermined applications—proceedings begun after 23 June 1998
s 76	ins 2001 No 11 amdt 3.270
	exp 31 December 2003 (s 79 (1))
Variation of orders—proceedings begun after 23 June 1998
s 77	ins 2001 No 11 amdt 3.270
	am R6 LA
	exp 31 December 2003 (s 79 (1))
Claims for special assistance if compensation for pain and suffering not available
s 78	ins 2001 No 11 amdt 3.270
	exp 31 December 2003 (s 79 (1))
Expiry of pt 7
s 79	ins 2001 No 11 amdt 3.270
	am 2001 No 44 amdt 1.4250
	exp 31 December 2003 (s 79 (1))
Schedule
sch	am 1991 No 13 s 10; 1991 No 44 s 7; 1999 No 91 sch 1
	om R6 LA
Dictionary
dict	ins A2007-39 amdt 3.133
	def amount of financial assistance ins A2007-39 amdt 3.133
	def another law ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def applicant ins A2007-39 amdt 3.133
	def application sub 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	also ins A2007-39 amdt 1.133
	def assisted person ins A2007-39 amdt 3.133
	def close family member ins 1999 No 91 s 5
	am A2003-14 amdt 1.108
	reloc from s 2 A2007-39 amdt 3.127
	def convicted ins A2007-39 amdt 3.133
	def conviction ins A2007-39 amdt 3.133
	def court sub 1991 No 13 s 3
	am 1992 No 7 s 6
	sub 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def criminal conduct sub 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def criminal injury ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def damage sub 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def damages ins 1999 No 91 s 5
	am 2000 No 80 amdt 3.29
	reloc from s 2 A2007-39 amdt 3.127
	def defendant ins A2007-39 amdt 3.133
	def dependant sub 1999 No 91 s 5
	am A2007-39 amdt 3.126
	reloc from s 2 A2007-39 amdt 3.127
	def eligible property damage ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def eligible property owner ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def extremely serious injury ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def final award ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def financial assistance ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def guardian ins 1999 No 91 s 5
	am 2000 No 80 amdt 3.30
	reloc from s 2 A2007-39 amdt 3.127
	def health professional ins 1999 No 91 s 5
	sub A2004-39 amdt 11.1
	reloc from s 2 A2007-39 amdt 3.127
	def injury sub 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def interim award ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def levy ins A2007-39 amdt 3.133
	def minor crime ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def notice of objection ins A2007-39 amdt 3.133
	def offence sub 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def order for restriction ins A2007-39 amdt 3.133
	def primary victim ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def provisional order for restriction ins A2007-39 amdt 3.133
	def recovery proceedings ins A2007-39 amdt 3.133
	def registrar ins 1991 No 44 s 7
	om 1992 No 7 s 3
	ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def related crime ins A2007-39 amdt 3.133
	def related victim ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def serious crime ins 1999 No 91 s 5
	am 2002 No 11 amdt 2.108; 2002 No 51 amdt 1.55; A2004-56 amdt 1.53; A2005-53 amdt 1.151
	reloc from s 2 A2007-39 amdt 3.127
	def sexual crime ins 1999 No 91 s 5
	am 2002 No 11 amdt 2.109; 2002 No 51 amdt 1.56; A2005-53 amdt 1.152
	reloc from s 2 A2007-39 amdt 3.127
	def victim ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def victims services scheme ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127
	def violent crime ins 1999 No 91 s 5
	reloc from s 2 A2007-39 amdt 3.127

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1991 No 13	31 May 1991	
2	Act 1992 No 7	31 August 1992	
3	Act 1994 No 38	31 July 1994	
4	Act 1996 No 68	1 January 1997	
5	Act 1999 No 91	1 March 2000	
6	Act 2001 No 44	12 September 2001	
7	Act 2001 No 62	3 December 2001	
8	Act 2001 No 62	11 April 2002	
9	Act 2002 No 11	28 May 2002	
10	Act 2002 No 11	13 September 2002	
11	Act 2002 No 51	1 January 2003	
12	A2003-14	28 March 2003	
13	A2003-14	24 December 2003	
14	A2004-15	9 April 2004	
15	A2004-15	13 April 2004	
16	A2004-28	1 July 2004	
17	A2004-60	10 January 2005	
18	A2004-60	6 March 2005	
19	A2005-20	2 June 2005	
20	A2005-20	7 July 2005	
21	A2005-53	23 November 2005	
22	A2006-23	2 June 2006	
23	A2006-23	16 June 2006	
24	A2006-23	2 July 2006	
25	A2006-40	29 September 2006	
26	A2006-40	9 January 2007	
27	A2007-22	6 September 2007	
28	A2007-22	10 November 2007	

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