Victims of Crime Assistance Rules 2010
i
Victims of Crime Assistance Rules 2010
S.R. No. 84/2010
TABLE OF PROVISIONS
Rule Page
ORDER 1—PRELIMINARY 1
1 Objects 1
2 Authorising provisions 1
3 Commencement 1
4 Revocation 1
5 Definitions 2
ORDER 2—APPLICATIONS 3
6 Applications for assistance—Form 1 3
7 Lodgement of applications for assistance 3
8 Application for review of a decision of a judicial registrar—
Form 2 4
9 Lodgement of application for review of a decision of a judicial
registrar 4
10 Application may be lodged by fax 5
11 When application made 5
ORDER 3—JUDICIAL REGISTRARS 6
12 Powers of judicial registrar 6
13 Review of a decision of a judicial registrar by Tribunal 6
14 Stay 6
ORDER 4—GENERAL 7
15 Venues of the Tribunal 7
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FORMS 8
Form 1—Application for assistance 8
Form 2—Application for review of a decision of a judicial
registrar 14
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ENDNOTES 16
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1
STATUTORY RULES 2010
S.R. No. 84/2010
Victims of Crime Assistance Act 1996
Victims of Crime Assistance Rules 2010
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
ORDER 1—PRELIMINARY
1 Objects
The objects of these Rules are—
(a) to provide for procedure in the Victims of
Crime Assistance Tribunal for the purposes
of facilitating applications to the Victims of
Crime Assistance Tribunal under the
Victims of Crime Assistance Act 1996; and
(b) to provide for powers of judicial registrars in
the Victims of Crime Assistance Tribunal
and for the review of decisions made by
judicial registrars.
2 Authorising provisions
These Rules are made under section 57 of the
Victims of Crime Assistance Act 1996 and all
other enabling powers.
3 Commencement
These Rules come into operation on 1 September
2010.
4 Revocation
The Victims of Crime Assistance (Procedure)
Rules 2007 1 are revoked.
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Order 1—Preliminary
Victims of Crime Assistance Rules 2010
S.R. No. 84/2010
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5 Definitions
In these Rules—
application for assistance means an application
under section 26 of the Act;
application for review of a decision of a judicial
registrar means an application under
section 59A of the Act;
the Act means the Victims of Crime Assistance
Act 1996.
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Order 2—Applications
Victims of Crime Assistance Rules 2010
S.R. No. 84/2010
3
ORDER 2—APPLICATIONS
6 Applications for assistance—Form 1
For the purposes of section 26 of the Act, the
prescribed form of application is in Form 1.
7 Lodgement of applications for assistance
(1) Unless subrule (2) applies, an application for
assistance to the Tribunal must be lodged with or
posted to a registrar of the Tribunal—
(a) at the venue of the Tribunal that is closest to
the applicant's place of residence; or
(b) if there is more than one applicant in relation
to an act of violence and they are not close
family members, at the venue of the Tribunal
that is closest to the act of violence.
(2) An application for assistance made to the Tribunal
must be lodged with or posted to the registrar of
the Tribunal at Melbourne if—
(a) the applicant resides outside the State; or
(b) the applicant is a related victim; or
(c) the applicant is—
(i) a primary victim; or
(ii) a secondary victim; and—
is aware of the existence of a related victim
with respect to the act of violence that is the
subject of the application.
(3) Despite subrules (1) and (2), a registrar of the
Tribunal may accept an application for assistance
lodged with or posted to a registrar of the Tribunal
at a venue of the Tribunal other than a venue
determined in accordance with those subrules.
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Order 2—Applications
Victims of Crime Assistance Rules 2010
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8 Application for review of a decision of a judicial
registrar—Form 2
(1) An application under section 59A of the Act for
the review of a final decision of the Tribunal made
by a judicial registrar must be in Form 2.
(2) An application for review of a decision of a
judicial registrar must be accompanied by an
affidavit that sets out the reasons for the
application.
(3) The application for review of a decision of a
judicial registrar and the accompanying affidavit
must be lodged within 14 days after the day on
which the final decision of the judicial registrar
was made.
(4) The Tribunal may extend time for lodging under
subrule (3) before or after the time expires,
whether or not an application for review of a
decision of a judicial registrar is made before that
time expires.
9 Lodgement of application for review of a decision of
a judicial registrar
(1) An application for review of a decision of a
judicial registrar must be lodged with or posted to
a registrar of the Tribunal at the venue of the
Tribunal where the decision of the judicial
registrar was made.
(2) Despite subrule (1), a registrar of the Tribunal
may accept an application for review of a decision
of a judicial registrar that is lodged with or posted
to a registrar of the Tribunal at a venue of the
Tribunal other than the venue referred to in that
subrule.
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Order 2—Applications
Victims of Crime Assistance Rules 2010
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10 Application may be lodged by fax
(1) An application to which this Order applies may be
lodged with a registrar of the Tribunal by fax in
accordance with this Rule.
(2) An application lodged by fax must include a cover
page stating—
(a) the name, address and telephone number of
the sender;
(b) the date and time of transmission;
(c) the total number of pages sent, including the
cover sheet;
(d) the telephone number from which the
application is sent;
(e) the name and telephone number of a person
to contact in the event of any problem in
faxing the application;
(f) that the fax is by way of lodgement under
Rule 10(1).
(3) A copy of an application lodged by fax must be
lodged with the registrar of the Tribunal within
14 days after the fax was sent.
(4) Unless a copy of the application is lodged in
accordance with subrule (1), the application must
be taken to have been struck out.
11 When application made
(1) An application to which this Order applies is
made when it is received by the registrar of the
Tribunal in accordance with Rule 7, 9 or 10.
(2) On receipt of an application, the registrar must
note the date of receipt of such application on the
application.
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Order 3—Judicial Registrars
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ORDER 3—JUDICIAL REGISTRARS
12 Powers of judicial registrar
A judicial registrar—
(a) may exercise any power delegated to that
judicial registrar by instrument under section
24(3) of the Act; and
(b) has all the powers of the Tribunal necessary
to exercise those delegated powers.
13 Review of a decision of a judicial registrar by
Tribunal
(1) An application for review of a decision of a
judicial registrar must be determined by the
Tribunal after consideration of the application and
the accompanying affidavit.
(2) The Tribunal, after examining the application and
accompanying affidavit may—
(a) determine the review on the papers; or
(b) set a date, time and place for hearing the
review.
(3) In determining the review, the Tribunal may—
(a) affirm the final decision; or
(b) set aside the final decision and make another
final decision in substitution for it.
14 Stay
Unless the Tribunal otherwise orders, the lodging
of an application for review of a decision of a
judicial registrar does not operate as a stay of any
final decision made by a judicial registrar as
delegate of the Tribunal.
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Order 4—General
Victims of Crime Assistance Rules 2010
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ORDER 4—GENERAL
15 Venues of the Tribunal
Each venue of the Magistrates' Court is a venue of
the Tribunal.
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Order 4—General
Victims of Crime Assistance Rules 2010
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FORMS
FORM 1
Rule 6
APPLICATION FOR ASSISTANCE
(Victims of Crime Assistance Rules 2010)
Victims of Crime Assistance Tribunal
Ref. No.
DETAILS OF PERSON WANTING ASSISTANCE
Surname
Given names
Address Postcode
Telephone (H) (W)
Occupation
Date of Birth
Sex Male Female
*Are you of Aboriginal or Torres Strait Islander origin?
person of Aboriginal or Torres Strait Islander origin means a person who
is descended from an Aboriginal or Torres Strait Islander and is accepted
as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait
Islander community.
[Persons of both Aboriginal and Torres Strait Islander origin should mark
both "Yes" boxes]
No Yes, Aboriginal
Yes, Torres Strait Islander
NOTE: This information will enable the Tribunal to provide you with
information to assist your application.
Have you previously made an application for assistance or compensation
under this Act?
Yes No
Have you previously made an application in respect of this act of violence?
Yes No
Form 1
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Order 4—General
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Please nominate which category applies to you—
1. Primary Victim
2. Secondary Victim
3. Related Victim
4. Application for payment of funeral expenses
PLEASE NOTE YOU CAN ONLY APPLY IN ONE CATEGORY
PLEASE COMPLETE THIS SECTION IF YOU ARE MAKING
THIS CLAIM ON BEHALF OF A CHILD
Your full name
Address Postcode
Telephone
Date of birth
Relationship to applicant
CIRCUMSTANCES OF THE ACT OF VIOLENCE
What was the act of violence/offence?
Where did the act of violence occur?
Date of act of violence Time am pm
Who committed the act of violence?
Sex of alleged offender Male Female
*Was the alleged offender a family member or domestic partner of the
victim? Yes No
If Yes, how are you related to the offender? I am their
[e.g.: wife, son, father, step-sister, former domestic partner]
NOTE: This information is for data collection purposes only.
Form 1
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Order 4—General
Victims of Crime Assistance Rules 2010
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POLICE REPORTING DETAILS
Has the act of violence been reported to the Police? Yes No
If Yes, please provide the officer's details
Name
Registered number
Rank
Police station
Date of report
If the act of violence was not reported, you must provide a statutory
declaration setting out the circumstances of the act of violence and provide
the reason for the failure to report the matter.
Have criminal proceedings commenced? Yes No Unknown
If known, provide any details known to you [i.e. date and location of
hearing]
WHAT EFFECTS HAVE RESULTED FROM THE ACT OF
VIOLENCE?
Physical* Yes No
Psychological* Yes No
Grief, distress or trauma Yes No
Provide details
*A medical or psychological report should be filed with the registrar of the
Tribunal.
Did you attend a public hospital? Yes No
If yes, what hospital?
Form 1
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ARE YOU APPLYING FOR ASSISTANCE FOR
Primary Victim
Special financial assistance
Counselling
Medical expenses
Safety related expenses
Loss of earnings
Loss or Damage to clothing
Other*
Secondary Victim
Counselling
Medical expenses
Loss of earnings*
Other*
Related Victim
Distress
Counselling
Medical expenses
Funeral expenses
Other*
Funeral expenses only
*Proof of exceptional circumstances may be required.
HAVE YOU APPLIED FOR ASSISTANCE UNDER ANY OTHER
SCHEMES?
Still
Pending Refused
Amount
Received
Reference
or claim
number
WorkCover $
Transport
Accident
Commission
$
Insurance $
Other $
Please provide details of a claim under any of these schemes.
Form 1
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Please supply and attach details of any relevant insurance cover [life or
health] or superannuation benefit entitlements held and any payments
received or to be received—
by the applicant
by the deceased
IF DEATH WAS CAUSED BY THE ACT OF VIOLENCE
Full name of deceased
Last known address
Postcode
Date of birth
Relationship to applicant
Date and place of death
NOTE: YOU MUST ALSO COMPLETE THE RELATED VICTIMS
PART OF THIS FORM
DETERMINATION OF YOUR APPLICATION
Would you prefer to:
Attend a hearing at the Tribunal? OR
Have your application determined in your absence?
Do you request that:
Proceedings be conducted in a closed Court?
Publication of your application be restricted?
Do you require an interpreter? Yes No If yes, specify a language.
THIS SECTION IS TO BE COMPLETED BY RELATED VICTIM
APPLICANTS
As a related victim you are required to list—
(a) every other person whom you believe may be a related victim; and
(b) every other person whom you believe may allege that he or she is a
related victim; and
(c) any person whom you believe may apply because they have incurred
funeral expenses as a result of the death of the primary victim.
Form 1
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Name of potential victim:
Age of potential victim if under 18 years of age:
Address of potential victim*:
Relationship of potential victim to the deceased:
*If the potential victim is under 18 years of age, provide the name and
address of parent, guardian or administrator.
[Attach a separate sheet if required]
Signature of applicant
AUTHORISATION OF APPLICANT
I authorise the Victims of Crime
Assistance Tribunal to obtain any additional evidence or documentation
that the Tribunal considers necessary to enable it to determine my
application.
Signature of applicant
STATUTORY DECLARATION
I [name and occupation]
of [address]
do solemnly declare that the contents of this application are true and
correct and I make this solemn declaration conscientiously believing that
a person making a false declaration is liable to the penalties of perjury.
Signature of applicant
Declared at
Date
Before me
Signature of person witnessing the declaration
Name of witness
Title of witness
Address of witness
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Form 1
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FORM 2
Rule 8
APPLICATION FOR REVIEW OF A DECISION OF A JUDICIAL
REGISTRAR
(Victims of Crime Assistance Rules 2010)
Victims of Crime Assistance Tribunal
DETAILS OF PERSON SEEKING REVIEW
Surname
Given names
Address Postcode
Telephone (H) (W)
DECISION TO BE REVIEWED
I apply to the Victims of Crime Assistance Tribunal under section 59A of
the Victims of Crime Assistance Act 1996 to have the following decision
made by a judicial registrar reviewed:
Date of decision:
Tribunal venue where decision made:
Tribunal reference No.:
NOTE: An applicant must file an affidavit with his or her application
setting out the reasons for seeking a review of a final decision of a judicial
registrar.
MATERIAL IN SUPPORT OF REVIEW APPLICATION
Do you wish to file any additional material in support of your review
application:
Yes
No
If yes, please file all additional supporting material with the Tribunal
within 28 days from the date of this application.
Form 2
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DETERMINATION OF YOUR REVIEW APPLICATION
Would you prefer to:
Attend a hearing at the Tribunal? OR
Have your application determined in your absence?
Do you request that:
Proceedings be conducted in a closed Court?
Publication of your application be restricted?
Do you require an interpreter? Yes No If yes, specify a language.
SIGNATURE OF APPLICANT
Signature
Date
[signed by the person making the application
for review or the applicant's solicitor]
NOTE: An application for review under section 59A of the Victims of
Crime Assistance Act 1996 is treated as a hearing de novo of the original
application for assistance. Upon review, the Tribunal may either refuse
the application for review or make its own decision in substitution for the
original order.
Dated: 30 August 2010
DANIEL J. MULING,
Acting Chief Magistrate
PETER LAURITSEN,
Deputy Chief Magistrate
LANCE I. MARTIN,
Deputy Chief Magistrate
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Form 2
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ENDNOTES
1 Rule 4: S.R. No. 43/2007.
Endnotes
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