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VICTIMS OF CRIME AMENDMENT REGULATION 2011 (NO 1) (NO 25 OF 2011)
2011
LEGISLATIVE ASSEMBLY FOR THE
AUSTRALIAN CAPITAL
TERRITORY
VICTIMS OF CRIME AMENDMENT REGULATION 2011 (No
1)
SL2011-25
EXPLANATORY STATEMENT
Presented b the
Attorney General
Simon
Corbell MLA
VICTIMS OF CRIME AMENDMENT REGULATION 2011 (No
1)
SL2011-25
Overview
The Victims of Crime Act 1994 was amended by the Legislative Assembly
by the Victims of Crime Amendment Act 2010 on 17 August 2010. The
Victims of Crime Act aims to acknowledge, protect and promote the interst of
victims in the administration of justice; to establish appropriate ways for the
treatment of victims by agencies involved in the administration of justice; and
help victims deal with the effects of criminal offences.
These amendments
to the Victims of Crime Regulation 2000 are made under section 30 of the
Victims of Crime Act 1994.
These amendments remove reference to
the Health Services Commissioner with respect to any role related to the review
of internal decisions. The oversight of administrative decisions is not in
keeping with the role of the Health Services Commissioner, whose duty according
to the Human Rights Commission Act (2004), part 3.6 s 25, is to
‘exercise functions for the commission in relation to health services and
services for older people’. The review by the Health Services
Commissioner of complaints made regarding counselling services offered by Victim
Support ACT is an appropriate function of the Commissioner.
Clause 2 – Commencement – provides that the regulation
commences on the day after its notification day.
Clause 3 –
Legislation amended – provides that this regulation amends the
Victims of Crime Regulation 2000.
Clause 4 –
Section 25 - definition of reviewable decision – omits the
definition as it refers to ‘a decision of the health services
commissioner’ who is not appropriately accorded that
function.
Clause 5 – Sections 29 to 31 –
Applications to committee for internal review, Review by committee and
Reviewable decision notices - these sections are omitted as they refer to
applications to the health services commissioner for review of internal review
and subsequent reviewable decision notices. The review of internally reviewed
decisions was previously undertaken by a subcommittee of the Victims Assistance
Board. The current Victims Advisory Board has a more strategic focus than the
previous Victims Assistance Board, and is unsuited to review of decisions. As
the relevant decisions have already been reviewed internally, it is appropriate
that the next review option is the ACAT. It is also open to people to approach
the ACT Ombudsman.
Clause 6 – Section 32 – omit a
reviewable decision and substitute an internal reviewer’s decision when an
‘affected person’ applies to the ACAT for review of a decision.
A person aggrieved by a decision of an internal reviewer may seek review of
the decision in the ACAT.