Page 206 - Week 01 - Thursday, 11 February 2016
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None of these people met the criteria for special assistance under the current scheme, and that was simply unfair. The new scheme will be able to assist all of these people. All of these people would be able to access financial assistance including a recognition payment to acknowledge the impact that the crime has had upon their lives.
The bill also introduces recognition payments which are available to a broader range of victims of crime. This approach is consistent with modern schemes interstate. The purpose of recognition payments is to acknowledge the trauma suffered by a victim as a result of violent crime. The new recognition payments also provide consistency of payments across the types of offences, while also responding to the individual circumstances of the victims of crime.
The new scheme provides six levels of lump sum recognition payments based on the type of offence that injured the victim. The general recognition payment amounts range from $20,000 for dependants of a homicide victim to $1,000 for victims of less serious offences such as common assault. The categories of offences provided are based on the objective level of harm that is likely to be caused to the victim, informed by the maximum penalty for the offence. Each category is assigned a non-discretionary lump sum payment. The carefully defined levels of recognition payments ensure consistency and provide victims of crime with a clear indication of the amount for which they are eligible.
The bill provides for circumstances of aggravation that increase the lump sum amount by a specified percentage. The circumstances of aggravation relate to the vulnerability of the victim, the extent of the injury sustained or the circumstances of the offence. For example, a victim injured by an assault occasioning grievous bodily harm would receive a recognition payment of $8,000. If the victim was under 18 years of age at the time of the offence, one circumstance of aggravation would be present, and the recognition payment would be increased to $10,000. If an offensive weapon was used to commit the offence, a second circumstance of aggravation would be present and the payment would be increased to $12,000. Finally, if the injury suffered by the victim amounted to a very serious permanent injury, the recognition payment would be increased to $14,000.
This approach provides certainty and consistency of decision-making to victims of crime, whilst ensuring that the individual circumstances of the offence are taken into account. The amounts of recognition payments are significantly higher than similar payments in New South Wales, Victoria and Queensland, where the maximum amounts available are $15,000 or $10,000, compared with the $26,250 in the ACT for the highest level of recognition payment with aggravating factors present.
The lump sum recognition payments will be subject to annual CPI indexation to ensure they maintain their value over the life of the scheme. The average recognition payment amount for the three limited categories of victims who are eligible for special assistance under the current law will be less under the new scheme. The bill provides a fairer scheme which, instead of making larger payments available to a very small pool of victims, provides more modest payments to a much wider pool of victims.
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