Victorian Current Acts Victorian Current ActsSchedule 1—Transitional provisions
1 Definitions
In this Schedule—
"commencement day" means the day on which section 19 comes into operation;
"former Act" means the Criminal Injuries Compensation Act 1983 as in force immediately before its repeal;
"former Tribunal" means a Crimes Compensation Tribunal appointed under the former Act;
"new Tribunal" means the Victims of Crime Assistance Tribunal established by Part 3 of this Act.
2 Abolition of former Tribunals
On the commencement day—
(a) each former Tribunal is abolished and the person appointed to be the Tribunal goes out of office as the Tribunal;
(b) all rights, property and assets that, immediately before that day, were vested in a former Tribunal are, by force of this clause, vested in the new Tribunal;
(c) all debts, liabilities and obligations of a former Tribunal existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the new Tribunal;
(d) the new Tribunal is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which a former Tribunal was a party immediately before that day;
(e) the new Tribunal is, by force of this clause, substituted as a party to any contract or arrangement entered into by or on behalf of a former Tribunal as a party and in force immediately before that day;
(f) subject to this Act, any reference to a former Tribunal in any Act (other than this Act) or in any subordinate instrument within the meaning of the Interpretation of Legislation Act 1984 must, on and from that day, be construed as a reference to the new Tribunal, unless the context otherwise requires.
Sch. 1 cl. 3 amended by No. 46/1998
s. 7(Sch. 1).
3 Staff of former Tribunal
A person who, immediately before the commencement day, was a registrar or deputy registrar of a former Tribunal or of the former Tribunals becomes, on and from that day but subject to the Public Sector Management and Employment Act 1998 , a registrar or deputy registrar of the new Tribunal, as the case requires.
4 Pending applications or matters
(1) An application that had been made under section 7, 25, 27 or 29 of the former Act, or a matter that was before a former Tribunal under section 28, 31 or 32 of that Act, but had not been finally determined as at the commencement day must continue to be dealt with in accordance with the former Act as if that Act had not been repealed.
(2) Subject to subclause (3), an application or matter referred to in subclause (1) is to be dealt with by the new Tribunal in accordance with the former Act and for that purpose—
(a) the new Tribunal has all the powers, functions and duties of the former Tribunal under the former Act; and
(b) anything done in relation to the application or matter by the former Tribunal before the commencement day is deemed to have been done by the new Tribunal; and
(c) the new Tribunal may have regard to any record of the former Tribunal relating to the application or matter.
(3) If a former Tribunal had decided to conduct a hearing of an application or matter and before the commencement day evidence on any question of fact material to the application or matter had been given to the former Tribunal at a hearing, the former Tribunal must continue to deal with that application or matter in accordance with the former Act until it is finally determined.
(4) For the purpose of subsection (3) and despite anything to the contrary in this Act, a former Tribunal continues to exist until all applications or matters referred to in subclause (3) have been finally determined.
(5) Despite its repeal, section 26 of the former Act continues to apply with respect to decisions of a former Tribunal or the new Tribunal made under this clause after the commencement day in respect of an application or matter referred to in subclause (1).
(6) Division 1 of Part 4 does not apply to a decision referred to in subclause (5).
(7) If any difficulty arises in relation to an application or matter because of the operation of this clause, the Chief Magistrate may make any order that he or she considers appropriate to resolve the difficulty.
(8) The Chief Magistrate may make an order under subclause (7) on the application of a party to the proceeding or matter or on his or her own initiative.
5 Applications in respect of acts before the commencement day
(1) Subject to this Act, an application may be made by a person under this Act in respect of an act of violence that occurred before the commencement day provided that no application by that person in the same capacity had been made under section 7 of the former Act or any corresponding previous enactment in respect of that act of violence before that day.
(2) Subject to subclause (3), an application cannot be made under this Act in respect of an act of violence that occurred before the commencement day by a person—
(a) who would not have been entitled to make an application under section 7 of the former Act or any corresponding previous enactment in respect of that act of violence had this Act not been enacted; or
(b) who would not have been entitled to make an application under this Act in respect of that act of violence had it occurred on or after that day.
(3) Subclause (2) does not exclude an application in respect of an injury that is an injury as defined in this Act but was not an injury as defined in the former Act or any corresponding previous enactment.
(4) Without limiting subclause (1) and despite subclause (2), an application may be made under this Act in respect of an injury (as defined in the former Act) that occurred within 1 year before the commencement day by a person who—
(a) would have been entitled to make an application under section 7 of the former Act in respect of that injury had this Act not been enacted but who would not have been entitled to make an application under this Act in respect of that injury had the act of violence occurred on or after that day; and
(b) had not made an application under the former Act in respect of that injury before that day.
6 Applications under former Act by persons who would be secondary victims under this Act
(1) Despite its repeal, an application may be made under section 7 of the former Act on or after the commencement day in respect of an injury (as defined in that Act) that occurred within 1 year before that day by a person who—
(a) would have been entitled to make an application under this Act as a secondary victim of an act of violence that resulted in that injury and in the death of the primary victim of that act had that act occurred on or after that day; and
(b) had not made an application under the former Act in respect of that injury before that day.
(2) An application referred to in subclause (1) is to be dealt with by the new Tribunal in accordance with the former Act and for that purpose it has all the powers, functions and duties of the former Tribunal under the former Act.
(3) Despite its repeal, section 26 of the former Act continues to apply with respect to decisions of the new Tribunal made under this clause after the commencement day in respect of an application referred to in subclause (1).
(4) Division 1 of Part 4 does not apply to a decision referred to in subclause (3).
7 Variation of old awards
(1) Despite its repeal, section 25 of the former Act continues to apply with respect to orders for compensation made under the former Act by a former Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.
(2) An application under section 25 of the former Act made on or after the commencement day is to be dealt with by the new Tribunal in accordance with the former Act and for that purpose the new Tribunal has all the powers, functions and duties of a former Tribunal under the former Act.
(3) Despite its repeal, section 26 of the former Act continues to apply with respect to decisions of the new Tribunal under section 25 of the former Act refusing to vary an award or determining the amount of compensation on an application for variation of an award.
(4) Division 1 of Part 4 does not apply to a decision referred to in subclause (3).
8 Recovery from offender
(1) Despite its repeal, section 27 of the former Act continues to apply with respect to orders for the payment of compensation made under the former Act by a former Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.
(2) An application under section 27 of the former Act made on or after the commencement day is to be dealt with by the new Tribunal in accordance with the former Act and for that purpose the new Tribunal has all the powers, functions and duties of a former Tribunal under the former Act.
(3) Despite its repeal, section 26 of the former Act continues to apply with respect to decisions of the new Tribunal under section 27 of the former Act to make an order under section 27.
(4) Division 1 of Part 4 does not apply to a decision referred to in subclause (3).
9 Refund of old awards
(1) Despite its repeal, section 28 of the former Act continues to apply with respect to awards of compensation made under the former Act by a former Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.
(2) The new Tribunal, for the purpose of determining under section 28(3) of the former Act that a person is required to make a refund or the amount of that refund, has all the powers, functions and duties of a former Tribunal under the former Act.
(3) Despite its repeal, section 26 of the former Act continues to apply with respect to decisions of the new Tribunal under section 28 of the former Act determining that a person is required to make a refund or determining the amount of such a refund.
(4) Division 1 of Part 4 does not apply to a decision referred to in subclause (3).
10 Recovery of old awards between dependants
(1) Despite its repeal, section 29 of the former Act continues to apply with respect to awards of compensation made under the former Act by a former Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.
(2) An application under section 29 of the former Act made on or after the commencement day is to be dealt with by the new Tribunal in accordance with the former Act and for that purpose the new Tribunal has all the powers, functions and duties of a former Tribunal under the former Act.
(3) Despite its repeal, section 26 of the former Act continues to apply with respect to decisions of the new Tribunal under section 29 of the former Act refusing to vary an award or determining the amount of compensation on an application for variation of an award.
(4) Division 1 of Part 4 does not apply to a decision referred to in subclause (3).
11 Enforcement of old costs orders
Despite its repeal, section 32(2) of the former Act continues to apply with respect to orders made under section 32(1) of the former Act by a former Tribunal or, in accordance with clause 4 or 6, by the new Tribunal.
12 Money held by former Tribunal
Any money held by a former Tribunal immediately before the commencement day on trust for any person under the former Act must, on and from that day, be held by the new Tribunal on trust for the same purpose and on the same terms.
13 Final annual report of former Tribunal
(1) Before 30 September 1997 the new Tribunal must submit a report to the Minister on the performance by the former Tribunals of their functions, powers and duties during the year ending on 30 June 1997.
(2) The Minister must cause the report under subclause (1) to be laid before each House of the Parliament within 7 sitting days of that House after it is received by the Minister.
14 Application of former Act and regulations
If a provision of the former Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision:
(a) any other provision of the former Act necessary to give effect to that continued provision; and
(b) any regulation made under the former Act for the purposes of that continued provision.
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