Page 750 - Week 03 - Tuesday, 8 March 2016
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administrative, not court-based, framework and, as such, applications will be processed in a more timely manner. Applicants will be case managed through the process, which I think is an advantage.
The new scheme has four types of payments, whereas the existing scheme or the repealed scheme had two types of payments—a special assistance payment and reimbursement of costs incurred. The four types of payment under the new scheme are an immediate needs payment, an economic loss payment, recognition payments and funeral expenses. The four types of payments give the scheme more flexibility to respond to applicants’ needs. For example, victims of domestic violence can be provided with relatively immediate assistance to secure their premises.
With regard to domestic violence victims, domestic violence victims will be specifically recognised under the new scheme. There are special reporting class victims, including sexual assault victims, that will recognise that not all victims of sexual assault disclose to police. The new scheme will have the flexibility to respond to these survivors by allowing payments for immediate needs and economic loss.
With regard to people living with injuries, they will receive medical intervention rather than asking them to save up and pay and be reimbursed. It is much clearer to pay service providers directly to deliver a service rather than having the victim, who may be under financial restraint, to pay first and then be reimbursed.
With regard to sexual assault victims, the scheme will not be requiring all victims of sexual assault to undergo psychological assessment to determine the extent of their injury. The definition of injury has been broadened for domestic violence victims. In terms of injury, the definition of injury has been broadened. People no longer have to prove the extent of their injuries, and they will not be requiring victims of sexual assault, as I said, to undergo assessment in all applications.
With regard to economic loss, the amounts will be set out in regulations so people will be able to see those amounts. The maximum amount is $50,000, which is the same as previously. However, it will be made up differently across the four payment categories.
Turning to the issue of homicide, victims are assessed in their own right, rather than being assessed in a pool. Each dependant will get a recognition payment rather than having to share a lump sum payment with other dependants. There will be recognition of a broader range of people affected by homicide. Eligible people will include those who are dependants of the primary victim or a close family member or in a relevant relationship. Witnesses to homicide can also be recognised.
In terms of the payments, there is an internal review mechanism and an external review mechanism for certain decisions. Time periods to apply have been extended from 12 months from the date of injury to three years from the date of the offence or from when a child victim turns 18. The scrutiny of bills committee has looked at this in report No 42. It noted, “Do any provisions of the bill amount to undue trespass on rights or liberties,” in terms of how they relate to the Human Rights Act. The committee did not call on the minister to respond.
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