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This is a Bill, not an Act. For current law, see the Acts databases.


Victims of Crime Assistance and Other Legislation Amendment Bill 2023

Long Title

Part 1 - Preliminary

1 Short title
2 Commencement

Part 2 - Amendment of Penalties and Sentences Act 1992

3 Act amended
4 Amendment of s 201 (Appointment of members)

Part 3 - Amendment of Victims of Crime Assistance Act 2009

5 Act amended
6 Amendment of s 38 (Amount of assistance)
7 Amendment of s 41 (Amount of assistance)
8 Amendment of s 44 (Amount of assistance)
9 Amendment of s 48 (Amount of assistance)
10 Amendment of s 49 (Composition of assistance)
11 Amendment of s 50 (Eligibility and assistance)
12 Amendment of s 111 (Recovery limited to category of act of violence for which assistance granted)
13 Insertion of new ch 10
14 Amendment of sch 2 (Amounts and categories for special assistance)

Long Title

An Act to amend the Penalties and Sentences Act 1992 and the Victims of Crime Assistance Act 2009 for particular purposes


The Parliament of Queensland enacts—


Part 1–Preliminary


1 Short title

This Act may be cited as the Victims of Crime Assistance and Other Legislation Amendment Act 2023.


2 Commencement

Parts 2 and 3 commence on a day to be fixed by proclamation.


Part 2–Amendment of Penalties and Sentences Act 1992


3 Act amended

This part amends the Penalties and Sentences Act 1992.


4 Amendment of s 201 (Appointment of members)

(1) Section 201 (1), ‘12’—omit, insert —14

(2) Section 201 —insert —
(2A) At least 1 member of the council must be a person who has lived experience as a victim of crime.

(3) Section 201 (2A) to (4) —renumber as section 201 (3) to (5).


Part 3–Amendment of Victims of Crime Assistance Act 2009


5 Act amended

This part amends the Victims of Crime Assistance Act 2009.


6 Amendment of s 38 (Amount of assistance)

Section 38 (1), ‘$75,000’—

omit, insert —

$120,000


7 Amendment of s 41 (Amount of assistance)

Section 41 (1), ‘$50,000’—

omit, insert —

$75,000


8 Amendment of s 44 (Amount of assistance)

(1) Section 44 (1) (a), ‘$50,000’—omit, insert —$75,000

(2) Section 44 (1) (b), ‘$10,000’—omit, insert —$20,000


9 Amendment of s 48 (Amount of assistance)

Section 48 (1), ‘$50,000’—

omit, insert —

$75,000


10 Amendment of s 49 (Composition of assistance)

Section 49 (f), ‘$10,000’—

omit, insert —

$15,000


11 Amendment of s 50 (Eligibility and assistance)

Section 50 (3) and (4), ‘$8,000’—

omit, insert —

$15,000


12 Amendment of s 111 (Recovery limited to category of act of violence for which assistance granted)

(1) Section 111 (2), example, ‘$10,000’—omit, insert —
[Note: $15,000]

(2) Section 111 (2), example, ‘$3,500’—omit, insert —
[Note: $9,000]


13 Insertion of new ch 10

After chapter 9

insert —


Chapter 10–Transitional provisions for Victims of Crime Assistance and Other Legislation Amendment Act 2023

221 Definition for chapter In this chapter—

"amendment Act" means the Victims of Crime Assistance and Other Legislation Amendment Act 2023.

222 Existing applications for assistance
(1) This section applies if, before the commencement, an application for assistance under this Act was made but not decided.

(2) This Act, as amended by the amendment Act, applies to the application.

223 Recovering assistance from offender
(1) This section applies if—
(a) assistance was paid before the commencement to a person under chapter 3, part 13, division 2 for an act of violence; and

(b) at the commencement the State has not recovered the assistance granted from a person under chapter 3, part 16.

(2) This section also applies if assistance is paid after the commencement to a person under chapter 3, part 13, division 2 for an act of violence.

(3) The unamended Act applies for the recovery of the assistance granted under chapter 3, part 16 if—
(a) the act of violence happened before the commencement; or

(b) the act of violence is made up of a series of related crimes and 1 or more of the crimes happened before the commencement and 1 or more of the crimes happen after the commencement; or

(c) the act of violence is made up of a series of related acts of domestic violence and 1 or more of the acts of domestic violence happened before the commencement and 1 or more of the acts of domestic violence happen after the commencement.

(4) If the act of violence happens after the commencement, this Act, as amended by the amendment Act, applies for the recovery of the assistance granted under chapter 3, part 16.

(5) In this section—

"unamended Act" means this Act as in force immediately before the commencement.


14 Amendment of sch 2 (Amounts and categories for special assistance)

(1) Schedule 2, section 1 (3), definition category B circumstances, paragraph (a) (ii) and (b), ‘or a series of related acts of domestic violence’—omit.

(2) Schedule 2, section 1 (3), definition category C circumstances, paragraphs (a) and (b), ‘or a series of related acts of domestic violence’—omit.

(3) Schedule 2, section 2, table, entry for category A act of violence, column 2, ‘$10,000’—omit, insert —$15,000

(4) Schedule 2, section 2, table, entry for category B act of violence, column 2, ‘$3,500’—omit, insert —$9,000

(5) Schedule 2, section 2, table, entry for category C act of violence, column 2, ‘$2,000’—omit, insert —$6,000

(6) Schedule 2, section 2, table, entry for category D act of violence, column 2, ‘$1,000’—omit, insert —$3,000

(7) Schedule 2, section 3 (2) —insert —
(j) an act of violence that is domestic violence.

(8) Schedule 2, section 3 (4) (c) —omit.
© State of Queensland 2023

 


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