Victims of Crime Assistance (Procedure) (Amendment) Rules 2002

i Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 S.R. No. 76/2002 TABLE OF PROVISIONS Rule Page 1. Object 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Rules 1 5. Lodgement 2 5. Lodgement 2 6. Lodgement of application by facsimile transmission 3 7. Substitution of Rule 6 3 6. Venues of the Tribunal 3 8. Amendment to Rule 8 3 9. Revocation of Rule 9 3 10. Notification to related victim 3 11. Substitution of Form 1 and revocation of Form 2 4 Form 1—Application for assistance 4 ═══════════════ ENDNOTES 10 -- 1 of 11 -- 1 STATUTORY RULES 2002 S.R. No. 76/2002 Victims of Crime Assistance Act 1996 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1. Object The object of these Rules is to amend the procedure relating to the lodgement of applications with the Victims of Crime Assistance Tribunal. 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 9 September 2002. 4. Principal Rules In these Rules, the Victims of Crime Assistance (Procedure) Rules 1997 1 are called the Principal Rules. -- 2 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 2 5. Lodgement For Rule 5 of the Principal Rules substitute— "5. Lodgement (1) Unless sub-rule (2) provides otherwise, an application to the Tribunal must be lodged with or posted to a registrar of the Tribunal at the venue of the Tribunal that is closest to the applicant's place of residence, or 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 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 sub-rules (1) and (2), a registrar of the Tribunal may accept an application 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 sub-rules.". r. 5 -- 3 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 3 6. Lodgement of application by facsimile transmission (1) Insert the following heading to regulation 5A of the Principal Rules— "Application may be lodged by facsimile transmission". (2) In Rule 5A(1) of the Principal Rules, for "the registrar of the Tribunal at Melbourne" substitute "a registrar of the Tribunal". (3) After Rule 5A(2) of the Principal Rules insert— "(3) A copy of an application lodged by facsimile transmission must be lodged with the registrar of the Tribunal within 14 days after the facsimile transmission was sent. (4) Unless a copy of the application is lodged in accordance with sub-rule (1), the application must be deemed to have been struck out.". 7. Substitution of Rule 6 For Rule 6 of the Principal Rules substitute— "6. Venues of the Tribunal Each venue of the Magistrates' Court is a venue of the Tribunal.". 8. Amendment to Rule 8 In Rule 8(1) of the Principal Rules omit "at Melbourne". 9. Revocation of Rule 9 Rule 9 of the Principal Rules is revoked. 10. Notification to related victim In Rule 10(1) of the Principal Rules, after "application to the Tribunal" insert "as a related victim". r. 6 -- 4 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 4 11. Substitution of Form 1 and revocation of Form 2 (1) For Form 1 to the Principal Rules substitute— "FORM 1 Rule 4 APPLICATION FOR ASSISTANCE (Victims of Crime Assistance (Procedure) Rules 1997) 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 ❏ Have you previously made an application for assistance/compensation under this Act? Yes/No Have you previously made an application in respect of this act of violence? Yes/No 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 r. 11 -- 5 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 5 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 ❏ 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 (ie. date and location of hearing)— r. 11 -- 6 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 6 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?— ARE YOU APPLYING FOR ASSISTANCE FOR— Primary Victim ❏ Special financial assistance ❏ Counselling ❏ Medical expenses ❏ Loss of earnings ❏ Loss/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 r. 11 -- 7 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 7 HAVE YOU APPLIED FOR ASSISTANCE UNDER ANY OTHER SCHEMES? Still Pending Refused Amount Received Ref./Claim No. ❏ WorkCover ❏ ❏ $ ❏ Transport Accident Commission ❏ ❏ $ ❏ Insurance ❏ ❏ $ ❏ Other ❏ ❏ $ Please provide details of a claim under any of these schemes— 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 Language r. 11 -- 8 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 8 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. 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— r. 11 -- 9 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 9 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— "; (2) Form 2 to the Principal Rules is revoked. Dated: 5 September 2002 IAN L. GRAY, Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate ═══════════════ r. 11 -- 10 of 11 -- S.R. No. 76/2002 Victims of Crime Assistance (Procedure) (Amendment) Rules 2002 10 ENDNOTES 1 Rule 4: S.R. No. 64/1997. Reprint (No. 1) incorporating amendments as at 9 March 2000. Endnotes -- 11 of 11 --