ACT Numbered Regulations - Explanatory Statements

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VICTIMS OF CRIME AMENDMENT REGULATION 2006 (NO 1) (NO 61 OF 2006)

2006

LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY












VICTIMS OF CRIME AMENDMENT REGULATION 2006 (No 1)

Subordinate Law SL2006-61



EXPLANATORY STATEMENT

Circulated by authority of
Mr Simon Corbell MLA
Attorney General

VICTIMS OF CRIME AMENDMENT REGULATION 2006 (No 1)

Overview of Regulation

Section 19 of the Victims of Crime Act 1994 provides for a victims services scheme (VSS) to be established in accordance with the regulation. The VSS is established under Part 3 of the Victims of Crime Regulations 2000 (the Regulations). The scheme provides therapeutic assistance to victims of crime. Section 21 of the Regulations provides that the Chief Executive for the Health Act 1993 is the service agency responsible for the management of the VSS.

The Victims of Crime Amendment Regulation 2006 (No 1) transfers responsibility for managing the VSS from the Chief Executive of ACT Health to the Chief Executive responsible for the administration of the Act. The Chief Executive responsible for administration of the Act is currently the Chief Executive of the Department of Justice and Community Safety.

The transfer of responsibility for the VSS will enable financial assistance and other benefits available in the justice sector to be better integrated with the services clients can already obtain under the VSS. The transfer is consistent with recommendations of a recent review of the VSS.

The regulations commence on 1 January 2007.

Section 84 of the Legislation Act 2001 includes transitional provisions that are relevant to the amendment of the regulation. In particular, section 84 provides that the amendment of a law does not affect the previous operation of the law or anything done, begun or suffered under the law. In addition section 84 states that an amendment does not affect an existing right, privilege or liability acquired, accrued or incurred under the law.


Outline of Provisions

Clause Notes

Clause 1 – Name of regulation – states the name of the regulation, which is the Victims of Crime Amendment Regulation 2006 (No 1).

Clause 2 – Commencement – provides that the regulation commences on 1 January 2007.

Clause 3 – Legislation amended – provides that this regulation amends the Victims of Crime Regulation 2000.

Clause 4 – Section 21 – amends section 21 of the regulation. Section 21 sets out who is the responsible service agency for the purposes of the Act and regulation. The responsible service agency is responsible for the management of the VSS.

This amendment omits the words “for the Health Act 1993”. This changes the responsible service agency from the Chief Executive for the Health Act 1993 to the Chief Executive who administers the Act. Currently the Chief Executive who administers the Act is the Chief Executive of the Department of Justice and Community Safety.