28 Where application is to be sent An application must be lodged with, or posted to, a registrar of the Tribunal. 29 Time for making application (1) An application must be made within 2 years after the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within 2 years after the death of the primary victim. S. 29(2) amended by No. 52/1997 s. 6(1)(a)(b). (2) The Tribunal must strike out an application made out of time unless it considers that, in the particular circumstances, the application ought not to be struck out. S. 29(3) amended by No. 52/1997 s. 6(2). (3) In determining whether to further hear and determine an application made out of time, the Tribunal must have regard to— (a) the age of the applicant at the time of the occurrence of the act of violence; S. 29(3)(b) amended by Nos 23/2006 s. 250, 26/2014 s. 455(Sch. item 33.1). (b) whether the applicant is intellectually disabled within the meaning of the Disability Act 2006 or mentally ill within the meaning of the Mental Health Act 2014; (c) whether the person who committed, or is alleged by the applicant to have committed, the act of violence was in a position of power, influence or trust in relation to the applicant; (d) the physical or psychological effect of the act of violence on the applicant; (e) whether the delay in making the application threatens the capacity of the Tribunal to make a fair decision;
amount by which the assistance paid to him or her under this Act is decreased. (4) Any money that is not refunded as required by this section may be recovered as a debt due to the State. 63 Protection of members, advocates and witnesses (1) A member of the Tribunal has, in the exercise of powers or performance of duties as a member, the same protection and immunity as a judge of the Supreme Court. S. 63(1A) inserted by No. 52/1997 s. 9, amended by No. 64/2010 s. 67. (1A) The principal registrar of the Tribunal, a registrar and a deputy registrar of the Tribunal have, in the exercise of powers or performance of duties in good faith, the same protection and immunity as a member of the Tribunal has under subsection (1). (2) A legal practitioner or other person appearing before the Tribunal on behalf of a party has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. S. 63(3) amended by No. 69/2009 s. 54(Sch. Pt 2 item 55). (3) Subject to this Act, a person summoned to attend or appearing before the Tribunal as a witness has the same protection, and is, in addition to the penalties provided by the Evidence (Miscellaneous Provisions) Act 1958 as applied to the Tribunal by this Act, subject to the same liabilities, as a witness in proceedings in the Supreme Court. 64 Contempt of Tribunal (1) A person must not—
Consolidated Fund which is, by this subsection, accordingly appropriated to the necessary extent. S. 69(2) amended by No. 52/1998 s. 311(Sch. 1 item 101.7(a)). (2) If the Tribunal makes an award of assistance under this Act, it must cause an order in writing to be drawn up and given to the person to whom the award is made. S. 69(3) amended by No. 52/1998 s. 311(Sch. 1 item 101.7(b)). (3) Money is only payable out of the Consolidated Fund in satisfaction of an award of assistance on presentation of a written order of the Tribunal or the Victorian Civil and Administrative Tribunal, as the case requires. (4) All money refunded under this Act or, subject to section 51, otherwise paid to or recovered by the State in accordance with this Act must be paid into the Consolidated Fund. 70 Investment of trust money (1) The whole or any part of any money held by the Tribunal on trust for a person may, except where otherwise provided by this or any other Act, whether already in a state of investment or not, be invested— S. 70(1)(a) substituted by No. 11/2001 s. 3(Sch. item 85). (a) on deposit with an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; or (b) in the manner in which trust money may be invested by a trustee under the Trustee Act 1958. (2) All income derived from the investment of money under subsection (1) must be paid to the person beneficially entitled to the invested money. S. 70A inserted by No. 30/2004 s. 9. 70A Money held by Tribunal for person under disability
• Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Victims of Crime Assistance Act 1996 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Victims of Crime Assistance (Amendment) Act 1997, No. 52/1997 Assent Date: 11.6.97 Commencement Date: 11.6.97: s. 2 : All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s relating to the Victims of Crime Assistance Act 1996 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 items 101.1–101.7) on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s relating to the Victims of Crime Assistance Act 1996 Public Sector Reform (Further Amendments) Act 1999, No. 12/1999
amending the Victims of Crime Assistance Act 1996 Justice Legislation Further Amendment Act 2016, No. 3/2016 Assent Date: 16.2.16 Commencement Date: S. 14 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Victims of Crime Assistance Act 1996 Health Complaints Act 2016, No. 22/2016 Assent Date: 3.5.16 Commencement Date: S. 247 on 1.2.17: s. 2(2) : This information relates only to the provision/s amending the Victims of Crime Assistance Act 1996 Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016 Assent Date: 6.9.16 Commencement Date: S. 47 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Victims of Crime Assistance Act 1996 Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017 Assent Date: 14.6.17 Commencement Date: S. 44 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 Current State: This information relates only to the provision/s amending the Victims of Crime Assistance Act 1996 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details