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Victims Rights and Support

NSW

This publication assists practitioners to understand the legislative scheme applicable to victims of crime in New South Wales and to prepare an application for determination.

1 Matter Plan

Overview

The matter plan and commentary provide specific guidance on gathering information from hospitals, medical staff and employers, as well as templates to support the application and ensure that all required documentation is submitted.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • Gathering information letters to client, employer, and relevant authorities;
  • Documents in support of applications, including affidavit of assets and liabilities;
  • Restitution precedents.
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1 Matter Plan Included

  • Item icon Matter Summary (Personal Injury)
  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Victims Rights and Support (NSW)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Subpoena Answers
    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Litigation
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
    • Folder icon Demonstrating the use of precedents
      • Item icon Demonstrating the Use of Precedents
        To demonstrate the range of precedents available in the guide and to illustrate how they can be adapted to a particular matter, one set of precedents are based on a set of facts in a debt recovery that escalates when a cross-claim is brought alleging a course of conduct between the parties and a ...

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      • Item icon Demonstration - Letter of demand
      • Item icon Demonstration - Response to letter of demand
      • Item icon Demonstration - Pleadings and particulars
      • Item icon Demonstration - Request for further and better particulars
      • Item icon Demonstration - Defence
      • Item icon Demonstration - Affidavit of defendant
      • Item icon Demonstration - Cross-claim or counterclaim
      • Item icon Demonstration - Defence to cross claim or counterclaim
      • Item icon Demonstration - Calderbank offer
      • Item icon Demonstration - ADR order - Referral to mediation
      • Item icon Demonstration - Mediation position paper - Plaintiff
      • Item icon Demonstration - Mediation position paper - Defendant
      • Item icon Demonstration - Consent orders
      • Item icon Demonstration - Deed of release - Settlement of proceedings
    • Item icon Further information
  • Item icon Overview and limitation periods
    The Victims Rights and Support Act 2013 (the Act) is a statutory scheme of victims compensation. It is a purely administrative process, although the Administrative and Equal Opportunity Division of NCAT reviews some decisions made by the Commissioner of Victims Rights under the Act. The Act has two ...

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Victims rights and support
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Retainer instructions - Victims rights and support
    • Item icon Conflict of interest check
    • Item icon Initial letter to client engagement and costs
    • Item icon Costs agreement - NSW
    • Item icon Conditional costs agreement - NSW
    • Item icon Conditional costs agreement - Uplift fee - NSW
    • Item icon Scope of work - Victims rights and support
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Item icon Before taking instructions
      Prior to taking instruction practitioners should be aware that under the victims support scheme there is no provision for the payment of a legal practitioner’s legal fees. The scheme aims to be largely administrative with victims assisted by support coordinators, thereby minimising the need for ...

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    • Item icon Legislation
      All references in this guide are to:

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    • Item icon Eligible applicants
      Section 23 of the Act provides that primary victims, a parent, step-parent or guardian who is caring for a child who is a primary victim, secondary victims and family victims of an 'act of violence' (see below) are eligible for victims support.

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    • Item icon Definitions
      Act of violence A claim for victims support will not succeed unless an applicant can establish, on the balance of probabilities, that an act of violence occurred. Section 19 of the Act defines 'act of violence' as an act or series of related acts, see ss 19(4) and (7), whether committed ...

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    • Item icon Establishing an act of violence
      Establishing an act of violence should not be difficult where the offender has been found guilty of an offence relevant to the incident in any criminal proceedings. In these circumstances, applicants will be able to rely on any court’s finding an offence was proved beyond reasonable doubt. ...

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    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
      • Item icon Standard annexure note for documents
  • Folder icon B. Gathering information
    • Item icon Letter to client for particulars
    • Folder icon Medical
      • Item icon Authority for medical records - General
      • Item icon Letter to treating doctor for report
      • Item icon Letter to other side serving expert report
    • Folder icon Hospital
      • Item icon Letter to hospital enclosing authority for clinical notes
      • Item icon Authority to hospital for clinical notes
    • Folder icon Employer
      • Item icon Letter to employer for details of lost wages
      • Item icon Authority for employer to furnish information
  • Folder icon C. Making the application
    • Item icon The application
      Applying for counselling and/or financial assistance and/or a recognition payment Applicants are encouraged to complete and submit their form online using the Victims Services Make an application webpage. Paper forms are also available: Application forms in PDF.

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    • Item icon Submissions
      Submissions in support of an application for victims support should be drafted and lodged prior to the determination of a claim. Submissions should address the following:

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    • Item icon Link to Victims Services - Make an application
    • Item icon Letter to Victims Services enclosing application
    • Item icon Letter to client advising claim lodged
    • Folder icon If required - Documents in support
      • Item icon Letter to Victims Services enclosing further reports
      • Item icon Example content - Affidavit of assets and liabilities
      • Item icon Annexure - Receipts and quotes
      • Item icon Annexure - Amount claimed and use
    • Item icon Dismissals, deductions and reductions
      Financial support or recognition payment can be reduced or an application dismissed for a number of reasons as outlined in s 44 including:

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    • Item icon Determination of applications
      A claim for victims support will be determined by the commissioner. An award of support will be approved, or the application will be dismissed: s 43(1). In determining an application the commissioner must give written notice to the applicant. If approval is given, the notice must include a ...

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    • Item icon Letter to client advising them of the determination
  • Folder icon D. If required - Review
    • Item icon Review of victims support decisions
      Section 49 of the Act outlines the internal review procedure for victims support decisions. An application for review must be made in writing, fully state the grounds of objection and be made within 90 days of the applicant’s notice of the original decision. The commissioner will notify ...

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    • Item icon Application for an Internal Review
  • Folder icon E. If acting for the offender - Restitution
    • Item icon Restitution
      Part 5 of the Act enables financial support and recognition payments made under the scheme to be recovered from persons found guilty of the crimes giving rise to the payments.

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    • Item icon Link to Victims Services - Restitution by offenders
    • Item icon Link to Revenue NSW - Pay your fine
  • Folder icon F. Finalising the matter
    • Item icon Letter to client with cheque for award
    • Item icon Letter to client confirming denial of claim and finalising the matter
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Invoice recital - Injuries, works compensation, victims support
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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