Victorian Current Acts

VICTIMS OF CRIME ASSISTANCE ACT 1996 - SECT 8A

    (1)     Without limiting persons who are primary victims by virtue of section 7, for the purposes of this section a person is also a primary victim of an act of violence if he or she experiences or suffers any significant adverse effect as a direct result of an act of violence committed against him or her.

    (2)     A person may be awarded special financial assistance by the Tribunal in accordance with this section if the Tribunal is satisfied that—

        (a)     an act of violence was committed against the person; and

        (b)     the person has experienced or suffered a significant adverse effect as a direct result of that act of violence; and

        (c)     that act of violence is a category A, B, C or D act of violence for the purposes of this section.

    (3)     The amount of special financial assistance that may be awarded by the Tribunal in accordance with this section is an amount up to the level set out in subsection (4).

    (4)     For the purposes of subsection (3) the level is—

        (a)     the minimum amount set out in the Table in subsection (5) in relation to the relevant category of act of violence if the Tribunal is satisfied that the applicant has experienced or suffered any significant adverse effect as a direct result of the act of violence; and

        (b)     an increased amount up to the maximum amount set out in that Table in relation to the relevant category of act of violence if the Tribunal is satisfied that the applicant has suffered any injury as defined in section 3(1) as a direct result of the act of violence.

    (5)     The following Table sets out the minimum and maximum amounts of special financial assistance that may be awarded in accordance with this section depending on the category of the act of violence involved:

S. 8A(5) (Table) substituted by No. 9/2007 s. 3.

Category of act of violence	Minimum amount	Maximum amount
A	$4667 or the higher prescribed amount applicable in prescribed circumstances	$10 000 or the higher prescribed amount applicable in prescribed circumstances
B	$1300 or the higher prescribed amount applicable in prescribed circumstances	$3250 or the higher prescribed amount applicable in prescribed circumstances
C	$650 or the higher prescribed amount applicable in prescribed circumstances	$1300 or the higher prescribed amount applicable in prescribed circumstances
D	$130 or the higher prescribed amount applicable in prescribed circumstances	$650 or the higher prescribed amount applicable in prescribed circumstances

    (6)     For the purposes of this section the regulations may—

        (a)     specify an act of violence or a class of act of violence as a category A, B, C or D act of violence; and

        (b)     prescribe a higher minimum or maximum amount in relation to a specified category of act of violence; and

        (c)     prescribe circumstances in which the prescribed higher minimum or maximum amount is applicable.

    (7)     The Tribunal may be satisfied on the balance of probabilities that an act of violence of a particular category was involved even though—

        (a)     no person has been charged with, or found guilty or convicted of, an act of violence of that category in relation to the injury; or

        (b)     a person has been charged with, or found guilty or convicted of, an act of violence of a different category in relation to the injury.

Division 2—Secondary victims