Criminal Injuries Compensation Act 1983

Transcription

1 1350 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGLNAE VICTORIA Criminal Injuries Compensation Act 1983 No An Act to Re-enact with Amendments the Law relating to Compensation for Persons injured by Criminal Acts and Compensation for Dependants of Persons killed by Criminal Acts, to repeal the Criminal Injuries Compensation Act 1972 and for other purposes. [Assented to 13 December 1983] BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): PART I. PRELIMINARY Short title. commencement. Interpretations. criminalact- 1. This Act may be cited as the Criminal Injuries Compensation Act This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. 3. In this Act unless inconsistent with the context or subjectmatter "Criminal act" means an act or omission

2 1983 Criminal Injuries Compensation No (a) which is an offence punishable by imprisonment (other than imprisonment in default of distress for nonpayment of a fine), whether or not punishable on indictment or on summary conviction, and whether or not also punishable by another penalty; or (b) which is not an offence described in paragraph (a) of this interpretation only because a person is incapable of forming a criminal intention (whether due to age, insanity, drunkenness or other legal incapacity to form a criminal intention). "Dependant", in respect of a deceased victim, means (a) a person who was wholly or mainly dependant on the victim's income at the time the victim died, or who would have been but for incapacity of the victim due to the injury from which the victim died; or (b) a child of the victim born after the death of the victim where, if the child were born in the victim's lifetime, the child would be a dependant under paragraph (a) of this interpretation. Dcpendam." "Injury" means.., njury - (a) actual physical bodily harm; (b) mental illness or disorder (whether or not flowing from nervous shock); (c) pregnancy; or (d) any combination of the foregoing arising from an incident or related incidents but does not include injury arising from loss of or damage to property, and "injured" has a corresponding meaning. "Prescribed" means prescribed by regulations made under this Prescribed." Act. "Tribunal" means the Crimes Compensation Tribunal under -Tribunalsection 4. "Victim" means a person injured or killed in Victoria by the -victim.- criminal act of another person, and includes a person injured or killed (a) when trying to arrest someone who has committed a criminal act; (b) when trying to prevent the commission of a criminal act; or (c) when trying to aid or rescue a victim of a criminal act.

3 Criminal Injuries Compensation No PART II. CRIMES COMPENSATION TRIBUNAL Constitution of Tribunal. Powers of Tribunal. Further powers of Tribunal. 4. (1) There shall continue to be a Crimes Compensation Tribunal. (2) The provisions of Schedule 1 have effect. 5. The Tribunal has the powers conferred under Division 5 of Part I. of the Evidence Act 1958 on a board appointed by the Governor in Council. 6. (1) An officer of the Tribunal who has been authorized in writing by the Tribunal to do so may, in relation to an application for compensation (a) inspect a court register; and (b) by notice in writing, require any person, within a specified period of time, to provide to the officer information, or to produce to the officer records, accounts, reports or other documents relevant to the application. (2) Where information required by notice under this section relates to criminal proceedings which are not completed, the Tribunal may, if it believes it is in the public interest to do so, extend or further extend the period specified in the notice for compliance with the requirement, for such further period as the Tribunal specifies. (3) A person who fails to comply with a notice under this section is guilty of an offence. Penalty: 5 penalty units. (4) This section is in addition to, and does not limit the meaning of, section 5. Applications. PART III. APPLICATIONS AND HEARINGS 7. (1) An application to the Tribunal for an award of compensation must be in writing, in or to the effect of the prescribed form, and must be verified by the applicant, or the person making the application on behalf of the applicant, by a statutory declaration made before one of the persons mentioned in section 120 of the Evidence Act (2) An application must set out (a) the grounds on which the applicant relies in support of the application; (b) the circumstances in which the injury or death occurred; and (c) the nature of the injury or the cause of death. (3) Where a person entitled to make application is a minor, the application may be made on the person's behalf by a parent, a person

4 1983 Criminal Injuries Compensation No acting in the place of a parent or such other person as the Tribunal considers appropriate. (4) Where a person entitled to make application is a protected person within the meaning of the Public Trustee Act 1958, the application may be made on the person's behalf by the Public Trustee or such other person as the Tribunal considers appropriate. (5) In any other case where the Tribunal considers assistance in making the application is needed, the application may be made on a person's behalf by such other person as the Tribunal considers appropriate. (6) An application must be lodged with, or posted to, the secretary to the Tribunal. (7) Where the Tribunal considers it appropriate, notification of the making of an application shall be given by the Tribunal to any person who, in the opinion of the Tribunal, has or may have an interest in the determination of the application. 8. The Tribunal may, without conducting a hearing Determination, » r- without hearing. (a) grant an application and determine the amount of compensation and the person or persons to whom compensation is payable; or (b) refuse to make an award and notify the applicant of the decision and the amount of compensation, if any, awarded under each of sections 15 to (1) Where the Tribunal decides to conduct a hearing of an Hearings, application, it shall fix a time and place for the hearing, and cause notice to be given to the applicant. (2) The hearing of an application shall be conducted in private unless the Tribunal considers that the hearing should be conducted in public. 10. The Tribunal may adjourn consideration of an application for Adjournments, compensation (a) on the application of the Director of Public Prosecutions, made on the ground that (i) a prosecution for an offence arising out of the criminal act has commenced; or (ii) such a prosecution is about to commence; (b) pending the determination of proceedings (i) which have commenced; or (ii) which the applicant could commence against any person in relation to the victim's injury or death; or

5 Criminal Injuries Compensation No (c) where the Tribunal believes it necessary or convenient to do so. Who may appear at the hearing. 11. (1) Where the Tribunal decides to conduct a hearing of an application (a) the applicant; and (b) any other person who, in the Tribunal's opinion, has a substantial interest in the proceedings is entitled to appear and be heard by the Tribunal in person, or to be represented by a barrister, a solicitor, or by such other person as the Tribunal considers appropriate. (2) An officer of the Tribunal assisting the Tribunal with respect to an application may appear and be heard. 12. (1) Evidence which is relevant to an application being heard by the Tribunal (a) may be given orally or in writing; and (b) shall, if the Tribunal requires, be given on oath or upon affirmation or declaration instead of on oath where that is permitted by law. (2) Sub-section (1) is in addition to, and does not limit the meaning of, section 5. (3) If a person has been convicted of an offence in respect of an act or omission on which an application for compensation under this Act is based proof of that conviction shall, unless an appeal against the conviction or an application for a rehearing in respect of the charge is pending or a new trial or rehearing has been directed, be taken as conclusive evidence that the offence has been committed. Conduct of hearing. 13. (1) Where the Tribunal decides to conduct a hearing of an application (a) it shall hear and determine the application expeditiously and, subject to section 12(1) (b), informally, having regard to the requirements of justice and without regard to legal forms and solemnities, and may act without observing legal rules relating to evidence or procedure; and (b) except as provided by this Act, it may determine its own procedure. (2) Any person who is entitled to appear and be heard by the Tribunal may adduce evidence and cross-examine witnesses. (3) Proceedings before the Tribunal shall not be held invalid for want of form.

6 1983 Criminal Injuries Compensation No (1) In any proceedings under this Act, the Tribunal may make Publication of an order prohibiting the publication of any report or account of the rcporls whole or any part of the proceedings if it is satisfied that the making of such an order is necessary in the public interest. (2) In relation to any application the Tribunal may make an order prohibiting the publication of the name of the victim or of any other person or persons, or of any particulars likely to lead to the identification of the victim or that other person or those other persons if (a) a person has not been convicted in relation to the criminal act; or (b) the Tribunal is satisfied that the making of such an order is necessary to protect the interests of the victim, a dependant of the victim or some other person. (3) In making an order under this section, the Tribunal shall have regard to the desirability of ensuring that the public is advised of the principles applied by the Tribunal in the cases before it and the nature of those cases. (4) A person who publishes a report or account of proceedings before the Tribunal in contravention of an order under this section is guilty of an offence. Penalty: 25 penalty units or imprisonment for six months. PART IV. AWARDS OF COMPENSATION 15. (1) The Tribunal may award compensation for expenses actually and reasonably incurred as a result of a victim's injury or death, including expense incurred through loss of or damage to personal property worn or used at the time of the injury, during a period of up to twelve months following the injury or, where applicable, the injury causing death. (2) An award of compensation under this section shall not exceed (a) 80 per cent of the expenses; or (b) in any case, an amount prescribed for the purposes of this section. (3) Except as provided in this section compensation is not payable under this Act with respect to loss of or damage to personal property. (4) Where a victim's injury was caused by a sexual offence and, as a result of the offence, the victim gives birth to a child, no compensation is payable under this Act in respect of the maintenance of the child. Compensation for expenses. 16. (1) The Tribunal may award compensation for pecuniary loss compensation to a victim suffered as a result of total or partial incapacity for work i [ s pecuniary

7 Criminal Injuries Compensation No during a period of up to twelve months following the injury or, where applicable, the injury causing death. (2) An award of compensation under this section shall not exceed an amount prescribed for the purposes of this section. Compensation for dependants. Compensation for pain and suffering. Effect of other entitlements. 17. (1) The Tribunal may award compensation for expenses actually and reasonably incurred and pecuniary loss suffered by dependants as a result of a victim's death during a period of up to twelve months following injury causing a victim's death on the same basis and subject to the same limitations as would apply in respect of an award to a victim pursuant to sections 15 and 16. (2) An award of compensation under this section shall not exceed, in respect of all dependants of a victim, the amounts prescribed for the purposes of sections 15 and The Tribunal may award compensation for a victim's pain and suffering, not exceeding an amount prescribed for the purposes of this section. 19. (1) The Tribunal shall not make an award of compensation under section 15, 16 or 17 to a person who has made, or is entitled to make, or to the dependants of a person who has made, a claim under the Motor Accidents Act 1973 arising out of the same criminal act. (2) In determining the amount (if any) to be awarded to a person as compensation under section 15, 16 or 17, the Tribunal shall reduce the amount by the total of payments received by, or payable to the person (a) pursuant to Part V. of the Motor Car Act 1958; (b) under the Workers Compensation Act 1958; and (c) under any form of insurance, or which would be payable under any form of insurance but for this Act in respect of the injury or death. (3) In determining the amount (if any) to be awarded to a person as compensation under this Act, the Tribunal shall reduce the amount by the amount of any payment received by or payable to the person by way of compensation or damages from trie offender or any person on the offender's behalf in respect of the injury or death. (4) Where a person appears to be entitled to compensation under both this Act and the Police Assistance Compensation Act 1968 (a) the Tribunal may have regard to any payments made under the Police Assistance Compensation Act 1968; (b) the meaning and effect of the Police Assistance Compensation Act 1968 is not limited by this Act; and

8 1983 Criminal Injuries Compensation No (c) the person is not entitled to full compensation for an injury under both the Police Assistance Compensation Act 1968 and this Act, but where the amount payable under this Act in respect of an injury is greater than that payable under the Police Assistance Compensation Act 1968 the difference between the amounts payable under the two Acts may be paid under this Act. (5) In determining the amount (if any) of an award of compensation to a person the Tribunal may have regard to (a) any payments received by or payable to the person in respect of the injury or death other than those mentioned in subsections (1) to (4); and (b) any other circumstances it considers relevant. 20. (1) In determining whether to make an award of compensation, Reasonsfor not or the amount of an award, the Tribunal shall have regard to any r^ldng^n behaviour, condition, attitude or disposition of the victim which directly award or indirectly contributed to the victim's injury or death and to all other circumstances it considers relevant. (2) The Tribunal shall not make an award of compensation (a) where the Tribunal is not satisfied, on the balance of probabilities, that the person whom the applicant claims was injured or killed was a victim within the meaning of this Act; (b) where the incident has not been reported to the police within a reasonable time, except where special circumstances resulted in the criminal act not being reported; (c) where an application for compensation is not made within one year after the injury or death, unless an extension is granted under sub-section (3); (d) where the victim, at the time the injury was sustained, was living as a member of the same household as the offender, unless (i) the offender has been convicted of inflicting the injury; (ii) the offender, in any proceedings in which the offender has been charged with an offence of inflicting the injury, has pleaded guilty or has otherwise admitted to inflicting the injury or has been found to be insane at the time of the alleged offence; (iii) if proceedings against the offender for an offence of inflicting the injury have not been commenced, the victim had no part in preventing the commencement of proceedings; or (iv) if proceedings against the offender for an offence of inflicting the injury have been commenced but not

9 Criminal Injuries Compensation No continued, the offender had no part in preventing the continuation of the proceedings; (e) if the injury gives rise to a loss of less than $200 or such other amount as is prescribed for the purpose of this paragraph; (/) if the victim fails, without reasonable cause, to undergo a medical examination as required by the Tribunal or to produce or cause to be produced to the Tribunal medical records, x-ray photographs or other documents relating to the victim's medical history as required by the Tribunal; or (g) where an earlier application has been determined in respect of compensation arising from the same injury or injury causing death (whether or not death had resulted at the time of determination of the earlier application). (3) The Tribunal may at any time extend the time for making an application for.compensation for a further time if, in the circumstances of the case, the Tribunal thinks it fit to do so. Conviction not a pre-requisite. To whom award made. Advance payments. Apportionment of awards &c. 21. Except where otherwise expressly provided, the Tribunal may make an award of compensation whether or not any person is prosecuted for or convicted of an offence arising out of the criminal act. 22. An award of compensation may be made (a) to or for the benefit of the victim; (b) where the compensation is in respect of pecuniary loss suffered or expenses incurred as a result of the victim's injury or death by a person responsible for the maintenance of the victim to that person; or (c) where the victim has died to or for the benefit of the victim's dependants or one or more of them or to any person who incurred expenses as a result of the victim's death. 23. (1) An award of compensation (a) in respect of the death of a victim shall be a lump sum; (b) in respect of injury shall be a lump sum, but the Tribunal may authorize the making of payments by way of advance until the Tribunal awards a lump sum upon final assessment of the amount of the award. (2) The amount of payments by way of advance referred to in subsection (1) shall not in total, and where a lump sum is also paid shall. not when added to the amount of the lump sum, exceed the amount which would be payable by way of lump sum alone. 24. (1) Any order for the payment of compensation under this Act may be made on and subject to such terms and conditions as the Tribunal thinks fit as to

10 1983 Criminal Injuries Compensation No (a) the taking of proceedings for the enforcement by the applicant of any legal rights or remedies with respect to the injury or death; (b) as to the payment, disposal, allotment or apportionment of the compensation to or for the benefit of the victim or the dependants or, any of them or to any other person; or (c) as to the holding of the compensation or any part thereof on trust for the victim or the dependants or any of them. (2) The Tribunal has for the purposes of this Act the same powers as the Board has under Division 8 of Part I. of the Workers Compensation Act 1958 and the provisions of that Division shall, so far as those provisions are applicable, and with such modifications as arc necessary, apply with respect to awards of compensation made by the Tribunal as if references in those provisions to the "Board" were references to the Tribunal and references in those provisions to the "registrar" were references to the secretary to the Tribunal. (3) Except as provided in this Act, an award of compensation is not capable of being assigned, charged, taken in execution, or attached, nor shall any claim be set off against it. PART V. VARIATION OF AWARDS AND APPEALS 25. (1) The Tribunal may, on the application of the Minister, the Variation of victim, a dependant or the offender, vary an order for compensation awards (including an order that has been previously varied) in such manner as the Tribunal thinks fit, whether as to the terms of the order or by increasing (subject to sections 15 to 18) or decreasing the amount or in some other way in accordance with this Act. (2) The Tribunal shall not make an order for variation if the application for variation is made more than six years after the day of injury or injury causing death. (3) In considering an application for variation the Tribunal shall have regard to (a) any fresh evidence which has become available since the order was made; (b) any change of circumstances that has occurred since the order was made or, as the case may be, since a previous variation of the order, or that is likely to occur; (c) any payments received by or payable to the victim or dependants of the victim in respect of the injury or death since the order was made or, as the case may be, of any previous variation of the order; and (d) anything else which the Tribunal thinks is relevant.

11 1360 Appeals Criminal Injuries Compensation No (1) An appeal may be made to the County Court against (a) a refusal by the Tribunal to make an award; (b) a determination by the Tribunal of the amount of compensation; (c) a refusal by the Tribunal to vary an award upon application; (d) a determination by the Tribunal of the amount of compensation upon an application for variation of an award; and (e) a determination by the Tribunal pursuant to section 28 that a person is required to make a refund, or against the determination by the Tribunal of the amount of such a refund. (2) An appeal must be made within one month after the determination or refusal, by serving a notice of appeal on (a) the Tribunal or the secretary or an officer of the Tribunal; (b) the registrar of the County Court; and (c) where the Tribunal directs, any other person specified by the Tribunal who, in the opinion of the Tribunal, has or may have an interest in the proceedings. (3) The provisions of the Magistrates' Courts Act 1971 relating to an appeal from a magistrates' court to the County Court also apply to an appeal from the Tribunal to the County Court, with such modifications as are necessary, and in particular (a) where a form for the notice of appeal under this Act has not been prescribed, a form substantially complying with the prescribed form for a notice of appeal from a magistrates' court shall be sufficient; (b) a notice of appeal served too late shall be treated as an application to the County Court for leave to appeal on the grounds stated in the notice, and leave to appeal may be granted in the circumstances set out in section 75 (1) (/) of the Magistrates' Courts Act 1971; and (c) the appeal shall be heard as a re-hearing. PART VI. PAYMENT AND RECOVERY OF AWARDS Recovery from offender. 27. (1) Where a person is convicted of an offence and an order for the payment of compensation is made under this Act in respect of injury or death resulting from the act or omission constituting that offence, the Tribunal may at any time on the application of the Director of Public Prosecutions make an order directing the offender to refund the whole or any specified part of the amount of the compensation paid or payable together with the whole or any specified part of any costs awarded in respect of the application for compensation.

12 1983 Criminal Injuries Compensation No (2) Any such order may be for the payment by the offender of a lump sum or of periodical payments during a specified period or both. (3) Before making an order under this section the Tribunal shall give the offender an opportunity to be heard and, if the offender does not appear or the Tribunal requires further evidence, it shall obtain and consider a report with regard to (u) the financial position of the offender; (b) the offender's employment and the possibilities of future employment; (c) the offender's liabilities to family and otherwise; and (d) such other circumstances as the Tribunal considers relevant. (4) In a hearing under sub-section (3) the offender may appear in person, by a barrister or solicitor, or by such other person as the Tribunal considers appropriate. (5) The Tribunal may at any time, on the application of the Director of Public Prosecutions or of the offender, vary any order made under this section (including an order that has been previously varied) as it thinks fit. (6) Where an order is made under this section, the offender may appeal to the County Court against the order in the same manner as an applicant for compensation may appeal in respect of an award of compensation. 28. (1) The making of an award of compensation does not affect the Refund of right of a person to recover from any other person by civil proceedings awards compensation or damages in respect of the injury or death. (2) Where a person to whom an award of compensation is made receives by way of compensation or damages from the offender or anyone else on the offender's behalf any sum that has not been taken into account pursuant to the provisions of section 19 (2) or (3), the person shall refund (a) the amount of the compensation paid to the person under this Act, if that amount is equal to or less than the said sum; or (b) the said sum, if the amount of the compensation paid to the person under this Act is greater. (3) Where a person to whom an award of compensation is made receives by way of compensation or damages any sum to which the Tribunal may have had regard under section 19 (4) or (5) if that sum had been paid before the making of the award, the Tribunal may require the person to refund the whole or any part of that sum. (4) Any sum not refunded as required under this section may be recovered as a debt due to Her Majesty.

13 Criminal Injuries Compensation No Recovery between dependants. 29. (1) Where (a) the Tribunal makes an award of compensation for one or more dependants of a victim; and (b) a person is another dependant of the victim of whom the Tribunal did not know when it made the award the person may apply to the Tribunal for (c) a determination that the person is entitled to recover a proportion of the award from the dependants for whose benefit the award was made; and (d) a variation of the award, pursuant to section 25. (2) Where application is made under paragraph (c) of sub-section (1), the Tribunal may determine the amount (if any) that the applicant is entitled to recover from the other dependants. (3) In making a determination of entitlement under sub-section (2), the Tribunal shall have regard to all the factors it would have had regard to if it had known of the existence of the person when it made the award. (4) The Tribunal shall not (a) make a determination of entitlement where application under paragraph (c) of sub-section (1) is made more than one year after the injury or death, unless the Tribunal, in the circumstances of the case, thinks it fit to extend the time for making an application for a further time; or (b) vary an award unless it is permitted to do so under section 25. (5) A determination by the Tribunal under sub-section (2) may be filed in a magistrates' court and enforced as an order of that court. Payments to and from Consolidated Fund. 30. (1) The costs and expenses of establishing, maintaining and administering the Tribunal together with the amounts of compensation ordered by the Tribunal to be paid under this Act and witnesses expenses and costs awarded to applicants shall be paid out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. (2) Where the Tribunal makes an award of compensation under this Act the Tribunal shall cause to be drawn up and given to the person to whom the award is made an order in writing signed by the Tribunal. (3) No money shall be paid out of the Consolidated Fund in satisfaction of an award of compensation under this Act except upon presentation of an order in writing signed by the Tribunal.

14 1983 Criminal Injuries Compensation No (4) All money refunded under section 28 or otherwise recovered by the Tribunal pursuant to the provisions of this Act shall be paid into the Consolidated Fund. 31. (1) In this section PART VII. MISCELLANEOUS "Creditor" means a person entitled to take proceedings for the recovery of expenses and includes a solicitor who has paid expenses on behalf of a client. "Expenses" means expenses in respect of which compensation is payable under this Act, or would be payable but for section 15 (2) (b), and does not include costs referred to in section 32. "Reasonable" means reasonable having regard to the treatment, service or provision. (2) Subject to section 15 (2) (b), the Tribunal may order that compensation in respect of expenses be paid to the creditor. (3) Where the Tribunal believes the amount of expenses is reasonable and orders payment to the creditor under sub-section (2), the creditor may recover from the debtor the difference between the amount ordered and the amount of the expenses. (4) Where the Tribunal believes the amount of expenses is not reasonable, the Tribunal may make an order determining the amount it considers reasonable. (5) Where the Tribunal makes an order under sub-section (4) in respect of expenses (a) compensation payable in respect of the expenses shall not exceed 80 per cent of the amount determined by the Tribunal; (b) if the expenses have not been paid (i) unless the creditor is a solicitor who has paid the full amount of the expenses on behalf of a client, the creditor is not entitled to recover more than the amount determined by the Tribunal; (ii) if the creditor is a solicitor who has paid the full amount of the expenses on behalf of a client, the difference between the amount determined by the Tribunal and the amount paid may be recovered by the solicitor on behalf of the client as a civil debt recoverable summarily from the person and to whom payment was made; and (iii) the creditor is not prevented by this Act from recovering the balance of the amount determined by the Tribunal Paymcm of expenses to person entitled.

15 1983 Criminal Injuries Compensation No remaining after a payment ordered by the Tribunal; and (c) if the expenses have been paid the amount of payment in excess of the amount determined by the Tribunal is recoverable as a civil debt recoverable summarily from the person to whom payment was made. 32. (1) In respect of any application the Tribunal may make such Cosls order as to costs as it thinks fit. (2) An order under sub-section (1) may be filed in a magistrates' court and may be enforced as an order of that court. (3) The solicitor of a person claiming compensation under this Act shall not be entitled to recover from the person any costs in respect of proceedings before the Tribunal under this Act or to claim a lien in respect of any such costs on any sum payable as compensation under an order or to deduct any such costs on any sum so payable except to the extent to which the costs have been allowed as between the solicitor and the client by the Tribunal on the application of the solicitor or of the client. (4) Except as allowed by the Tribunal, a person shall not charge for the making of an application pursuant to section 7 or for appearing on behalf of an applicant pursuant to section 11. Annual Report. Regulations. 33. Before the end of September in each year the Tribunal shall make to the Minister a report of the proceedings of the Tribunal during the year ending on the previous 30 June and the Minister shall cause the report to be laid before each House of Parliament within fourteen days or, if that House is not then sitting, within fourteen days after the next meeting of that House. 34. The Governor in Council may make regulations for or with respect to (a) forms for the purposes of this Act; (b) the procedure to be followed in making applications to the Tribunal and in respect of proceedings under this Act; (c) the service of notices, applications, orders, and other documents for the purposes of this Act; (d) prescribing maximum amounts of compensation for the purposes of sections 15, 16, 17 and 18, including prescribing maximum amounts by reference to the number or age of the dependants of a person, and prescribing maximum amounts by reference to payments which may be made under any other Act at the time the regulation is made, or from time to time;

16 1983 Criminal Injuries Compensation No (e) prescribing the minimum amount of loss in respect of which an award may be made; (/) prescribing the fees to be paid in respect of applications or proceedings under this Act including fees to be paid to persons attending for medical examination and the fees to be paid to witnesses in proceedings before the Tribunal, whether by reference to fees payable under any other Act at the time the regulation is made or from time to time or otherwise; and (g) generally, any matter or thing which by this Act is authorized or required to be prescribed or which is necessary to be prescribed for carrying this Act into effect. PART VIII. TRANSITIONAL PROVISIONS 35. (1) The Acts mentioned in Schedule 2 are amended or repealed Transitional to the extent set out in that Schedule. provisions. (2) The person who, immediately before the commencement of this Act, was the Crimes Compensation Tribunal under the Criminal Injuries Compensation Act 1972 shall continue to be the Tribunal under this Act as if that person had been appointed on the same terms and conditions under this Act for a term expiring on the day on which the appointment under that Act would expire. (3) The continuity and status of the Crimes Compensation Tribunal is not affected by the repeal of the Crimes Compensation Act 1972 or the commencement of this Act. (4) A reference in any other Act, in any regulation or Order in Council or in any statutory rule to the Criminal Injuries Compensation Act 1972 shall be construed as a reference to this Act. (5) The amount of compensation payable by the Tribunal in respect of an injury or death which occurred before the commencement of this Act shall be determined under the relevant provisions of the Criminal Injuries Compensation Act 1972 as it was in force at the time of the injury or the injury causing death as if this Act had not been enacted. (6) The time limit imposed by section 25 (2) applies only where the injury, or injury causing death, occurs after the commencement of this Act. (7) Any regulations made under the Criminal Injuries Compensation Act 1972 which were in force immediately before the commencement of this Act shall, so far as they relate to matters for or which respect to which regulations may be made under this Act, remain subject to this Act in full force and operation, and may be amended or revoked as if they were made under this Act.

17 1983 Criminal Injuries Compensation Section 4. SCHEDULE 1 CRIMES COMPENSATION TRIBUNAL AND STAFF Appointment of Tribunal. 1. (1) The Governor in Council may appoint a qualified person to be a Tribunal. (2) The Governor in Council may appoint one or more other Tribunals (each of which shall consist of a qualified person), in which case any reference in this Act to "the Tribunal" includes a reference to each Tribunal appointed under this clause, unless the context otherwise requires. (3) In this clause "qualified person" standing as a barrister and solicitor. means a person of not less than seven years Term of office, &c. Removal from office. Other office may be held. Where public servant appointed to be the Tribunal. Continuation of previous superannuation. Secretary to Tribunal. Appointment of deputy. Oath of office. 2. A person appointed to be a Tribunal shall be appointed for a term of not more than five years, shall be entitled to receive such salary and allowances as are specified in the instrument of appointment or are fixed by the Governor in Council from time to time and shall be eligible for re-appointment from time to time. 3. A person appointed to be a Tribunal may at any time be removed from office by the Governor in Council or may resign the office by writing addressed to the Governor in Council. 4. A person appointed to be a Tribunal shall not by virtue only of that appointment be subject to the Public Service Act 1974 and may hold that office concurrently with any other office. 5. If a person appointed to be a Tribunal was immediately prior to the appointment an officer in the public service or, having formerly been an officer in the public service, was engaged or employed in an office or capacity in which the person was eligible on the recommendation of the Public Service Board to be re-appointed upon the termination of that engagement or employment to some office in the public service, the person shall (a) be eligible on the recommendation of the Public Service Board to be re-appointed at the termination of the appointment to some office in the public service with a classification and emolument corresponding with or higher than that held in the public service immediately prior to the appointment as a Tribunal, as if the service in such appointment or appointments had been service in the public service; and {b) for the purposes of sections 47 and 48 of the Public Service Act 1974, be deemed to continue to be a member of the public service for the period of the appointment. 6. If a person appointed to be a Tribunal was immediately prior to the appointment an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment the person shall notwithstanding the appointment be deemed to continue subject to that Act to be an officer within the meaning of that Act. 7 - Subject to the Public Service Act 1974 there may be appointed a secretary to the Tribunals, or a secretary to each Tribunal, and such other officers as are necessary for carrying this Act into effect. 8. Where the person appointed to be a Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause the Governor in Council may appoint some other qualified person to act instead of the incapacitated person during the period or for the purpose stated in the appointment. 9. Before entering upon the duties of his office a person appointed to be a Tribunal and any person appointed to act instead of a Tribunal shall, unless the person has already taken an oath of office, take an oath before a Judge of the Supreme Court undertaking to faithfully and impartially perform the duties of the office.

18 1983 Criminal Injuries Compensation No SCHEDULE 2 Section 35. Number of Act Short title Extent of amendment or Repeal Criminal Injuries Compensation Act 1972 Children's Court Act 1973 The whole Act is repealed. For section 43 (4) there shall be substituted the following sub-section: "(4) A children's court register may be inspected, without fee, by (a) a stipendiary magistrate or children's court magistrate; (b) a person authorized to do so by the Attorney-General, by a stipendiary magistrate or by a children's court magistrate; and (c) a person authorized to do so under section 6 of the Criminal Injuries Compensation Act 1983.". The whole Act is repealed Criminal Injuries Compensation (Amendment) Act Statute Law Revision Act 1983 Items 66, 67 and 68 in the Schedule are repealed.