Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013

1: Title
This Act is the Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013.
2: Commencement
This Act comes into force on 1 July 2013.
3: Principal Act
This Act amends the Prisoners' and Victims' Claims Act 2005 principal Act 2013-07-01 Prisoners' and Victims' Claims Act 2005
1: Main amendments to principal Act
Purpose of Part
4: Purpose of Part
The purpose of this Part is to amend the principal Act to—
a: prevent subpart 1 of Part 2
b: extend the victims' claims process in subpart 2 of Part 2
c: make it clear that certain persons unlawfully detained by or on behalf of the Crown are, and have always been, for the principal Act's purposes and the period of their unlawful detention, persons under control or supervision:
d: make it clear that specified claims include (and have always included) claims by those persons arising from, even if based solely on, that detention:
e: extend subpart 3 of Part 2 section 17 Purpose of principal Act
5: Section 3 amended (Purpose of this Act)
1: After section 3(2)
2A: Subpart 2 of Part 2 must be read with the following related enactments:
a: the Legal Services Act 2011, which facilitates the granting of legal aid in respect of victims’ claims proceedings under subpart 2 of Part 2 of this Act; and
b: the Privacy Act 1993, which enables the Ministry of Justice to have access to Police records on offender identity and victim identity for the purpose of providing assistance to victims in accordance with this Act; and
c: the Victims’ Rights Act 2002, which requires the Secretary for Justice to request, for the purposes of a notice under section 20 of this Act, the current address (including the full name) of a victim who has asked for notice of certain matters under that Act.
2: Replace section 3(4)
4: The purpose of subpart 4 of Part 2
a: the provisions of this Act as in force immediately before 1 July 2013
b: this subsection and subpart 4 of Part 2 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 Persons unlawfully detained by or on behalf of the Crown
6: Section 4 amended (Interpretation)
In section 4 person under control or supervision
h: a person who is detained unlawfully—
i: immediately after, or because of recall or other return to custody after, ceasing to be a person to whom any of paragraphs (a) to (g) applied; and
ii: in the same manner as if he or she were a person to whom any of paragraphs (a) to (g) applies; and
iii: by or on behalf of the Crown (as defined in section 6(2)) .
7: Specified claim
In section 6(1)(a)(ii) affecting the person as (including, without limitation, by making the person) Application of principal Act
8: Section 12 amended (Application)
Replace section 12(1)
1: This subpart applies only to proceedings—
a: in or before a court or tribunal; and
b: in which 1 or more specified claims are made; and
c: commenced on or after 1 July 2013. Preventing expiry of prisoner compensation restrictions and guidance
9: Section 16 repealed (Expiry of subpart)
Repeal section 16 Extending victims' claims process
10: Section 17 amended (Compensation of prisoners, etc, must be paid to Secretary)
1: In section 17(1)(a)(i) made before 1 July 2013
2: In section 17(1)(a)(ii) , and either before, on, or after 1 July 2013
3: In section 17(1)(b)(i) made before 1 July 2013
4: In section 17(1)(b)(ii) , and either before, on, or after 1 July 2013 Suspending limitation periods for victims' claims
11: Section 63 amended (Application)
1: Replace the heading to section 63 Limitation periods to which section 64 applies
2: In section 63(1) This subpart Section 64
3: In section 63(1)(c) the commencement , on 4 June 2005,
4: In section 63(2) This subpart Section 64
5: In section 63(2)(a) the commencement , on 4 June 2005,
6: In section 63(2)(b) the commencement , on 4 June 2005,
7: In section 63(3) this subpart section 64
8: In section 63(3)(a) the commencement , on 4 June 2005,
12: Section 64 amended (Limitation periods suspended)
1: In the heading to section 64 suspended while offender serving sentence of imprisonment
2: In section 64(1) subpart section
13: New sections 64A and 64B inserted
After section 64
64A: Limitation periods to which section 64B applies
Section 64B
a: made by or on behalf of a victim after the commencement, on 1 July 2013, of section 64B
b: made against an offender and against money received under section 17 that is compensation in respect of a specified claim of the offender made after 30 June 2013; and
c: based on acts done or omitted to be done (whether before or after the commencement, on 1 July 2013, of section 64B
64B: Limitation periods suspended until standard deadline for filing of victims' claims under this Act
The limitation periods to which this section applies cease to run for the action against the offender and the money received under section 17 until the standard deadline (specified in section 28(3)) for the filing of a victim's claim in the victims' claims process under subpart 2.
2: Saving and repeal amendments to principal Act
Amendments to effect saving and repeal
14: Purpose of Part
The purpose of this Part is to amend the principal Act to—
a: ensure that generally only its provisions as in force immediately before 1 July 2013 continue to apply to specified claims made before 1 July 2013, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:
b: repeal Part 3 Saving for specified claims made before 1 July 2013, related compensation, and related victims' claims
15: New subpart 4 of Part 2 inserted
After subpart 3 of Part 2
4: Specified claims made before 1 July 2013, related compensation, and related victims' claims
64C: Pre-1 July 2013 Act generally continues to apply
1: After 30 June 2013, the following provisions apply or continue to apply to specified claims made before 1 July 2013, money to be paid as compensation in respect of claims of that kind, and victims' claims against money of that kind:
a: the provisions of this Act as in force immediately before 1 July 2013; and
b: section 3(4) Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013
2: Despite subsection (1) sections 6 and 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 subsection (3)
3: The amendments made by sections 6 and 7 Prisoners' and Victims' Claims (Continuation and Reform) Amendment Act 2013 3 December 2012
a: made clear by those amendments; and
b: not challenged expressly in those proceedings before that date. Repeal of spent provisions amending other Acts
16: Part 3 repealed
Repeal Part 3