Australian Capital Territory Numbered Acts

VICTIMS OF CRIME (FINANCIAL ASSISTANCE) (AMENDMENT) ACT 1999 (NO. 91 OF 1999) - SCHEDULE 1

    SCHEDULE 1     Subsection 13 (1)

CRIMINAL INJURIES COMPENSATION ACT 1983 —

FURTHER AMENDMENTS

Section 34A (definition of “levy”)—

    Omit “subsection 34D (1)”, substitute “subsection 68 (1)”.

Subsection 35 (1)—

    Omit “Registrar of the Supreme Court” (first occurring), substitute “Registrar”.

Paragraphs 35 (1) (a) and (b)—

    Omit “for compensation”.

Paragraph 35 (1) (d)—

        Omit “Registrar of the Supreme Court”, substitute “Registrar”.

The Schedule—

    (a)     Omit “ Section 10 ”, substitute “ Section 26 ”.

    (b)     Omit “ Criminal Injuries Compensation Act 1983 ” (first occurring), substitute “ Victims of Crime (Financial Assistance) Act 1983 ”.

    (c)     Omit all the words from and including “ To: The Registrar of the Supreme Court of the Australian Capital Territory* ” to and including “ Criminal Injuries Compensation Act 1983 ”, substitute:

“IN THE MAGISTRATES COURT     No. of [year]
AT CANBERRA

To the Registrar:

I, [ name ], of [ address ], apply to the court for an award of financial assistance under the Victims of Crime (Financial Assistance) Act 1983 .”.

    (d)     Omit paragraphs (1) (c), (d) and (e), substitute the following paragraph:

    “ * (c)     as a person who, immediately before the death of [ name of deceased ] (a death resulting from the injury specified below) had the following relationship with the deceased:

    * (i)     close family member ; ^†

    * (ii)     dependant ; ^‡

    * (iii)     intimate personal relationship.”.

    (e)     Add at the end the following notes:

    “ ^†     A close family member (as defined in the Act) is a person who had a genuine personal relationship with the deceased person immediately before the person's death, and who was at that time—

        (a)     the husband or wife of the deceased;

        (b)     a parent, guardian or step-parent of the deceased;

        (c)     a child or step-child of the deceased, or some other child of whom the deceased is the guardian; or

        (d)     a brother, sister, step-brother, step-sister, half-brother or half-sister of the deceased.

    ^‡     A dependant (as defined in the Act) is—

        (a)     a person wholly or partly dependent on the deceased person's income;

        (b)     a person who would have been wholly or partly dependent on the income of the deceased person but for the incapacity of the person due to the relevant injury before his or her death; or

        (c)     a child of the deceased born after his or her death who would have been a dependant by virtue of paragraph (a) or (b) if he or she had been born before the death of the deceased.”.