Division 1 Victims Compensation Tribunal
(1) There is constituted by this Act a Victims Compensation Tribunal.(2) The Tribunal is to consist of such members as the Governor may, on the recommendation of the Attorney General, appoint.(3) Only Magistrates are eligible to be appointed as members of the Tribunal.(4) Of the members of the Tribunal, one is (in and by the member’s instrument of appointment or in and by a subsequent instrument executed by the Governor) to be appointed as Chairperson of the Tribunal.(5) Schedule 2 has effect with respect to the Tribunal.
60 Jurisdiction and functions of the Tribunal
(1) The Tribunal has the jurisdiction and functions conferred or imposed on it by or under this or any other Act.(2) In the exercise of its jurisdiction and functions, the Tribunal must do all such things as are necessary to ensure that proceedings before it are disposed of within as short a period as is reasonably practicable.
The Chairperson of the Tribunal may, by order made with the consent of the Chief Magistrate, declare that the jurisdiction and functions of the Tribunal may be exercised by such Magistrate or Magistrates as is or are specified in the order.
62 Single member to exercise the jurisdiction and functions of the Tribunal
The jurisdiction and functions of the Tribunal may be exercised:(a) by a member of the Tribunal, or(b) by an authorised Magistrate,sitting alone.
Division 2 Director, assessors and other staff
63 Director, Registrar of Tribunal and other staff
(1) A Director, Victims Services, Registrar of the Tribunal and such other staff as are necessary for the purposes of this Act are to be employed under Part 2 of the Public Sector Management Act 1988.(2) The Director may delegate to the Registrar of the Tribunal, a compensation assessor or to any such other staff any of the functions of the Director under this Act, other than this power of delegation.
(1) Compensation assessors are to be employed for the purposes of this Act under Part 2 of the Public Sector Management Act 1988.(2) A person ceases to be a compensation assessor if the person ceases to be so employed.(3) The Director is a compensation assessor.
65 Guidelines and arrangements relating to compensation assessors
(1) The Tribunal may issue guidelines, consistent with this Act and the rules, to compensation assessors with respect to the determination of applications for statutory compensation. Compensation assessors must have regard to those guidelines in the exercise of their functions under this Act.(2) The Director is (subject to this Act) responsible for making arrangements for the work of compensation assessors (including the allocation of matters to particular assessors).(3) The Director, the appropriate Department Head or any other public servant may not direct, overrule or interfere with the determination of a compensation assessor on a matter allocated to the assessor. However, the Director may, at any time before its determination, re-allocate the matter to another compensation assessor.(4) This section does not affect the exercise of functions of the appropriate Department Head under the Public Sector Management Act 1988 with respect to compensation assessors.
65A Inquiries and investigations
Subject to section 27 (2), a compensation assessor may, in connection with exercising the functions of a compensation assessor under this Act, make such inquiries and undertake such investigations as the assessor considers necessary.
Division 3 Victims Compensation Fund Corporation
66 Victims Compensation Fund Corporation
(1) There is constituted by this section a corporation with the corporate name of the Victims Compensation Fund Corporation.(2) The affairs of the Compensation Fund Corporation are to be managed by the Director-General of the Attorney General’s Department.(3) Any act, matter or thing done in the name of, or on behalf of, the Compensation Fund Corporation by the Director-General of the Attorney General’s Department is taken to have been done by the Corporation.(4) The Compensation Fund Corporation may delegate to an officer of the Attorney General’s Department any of the functions (other than this power of delegation) conferred or imposed on the Corporation by or under this Act.
Division 4 Victims Compensation Fund
(1) There is established a fund called the Victims Compensation Fund (the Compensation Fund).(2) The Compensation Fund Corporation has the control and management of the Compensation Fund and the assets of the Compensation Fund are vested in the Corporation.(3) The Compensation Fund Corporation may invest money in the Compensation Fund:(a) in such manner as may be authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the Corporation to invest money—in any manner authorised for the investment of trust funds.
68 Payments into Compensation Fund
There are to be paid into the Compensation Fund:(a) all proceeds or profits confiscated under the Confiscation of Proceeds of Crime Act 1989, and(b) all money required by the Criminal Assets Recovery Act 1990 to be credited to the Fund, and(c) all money recovered under Division 8 of Part 2 or Part 5 of this Act, and(d) all money advanced to the Fund by the Treasurer, or appropriated by Parliament, for the purposes of this Act, and(e) all other money required by or under this or any other Act to be paid into the Fund, and(f) all fines paid for offences under section 58L.
69 Payments from Compensation Fund
There are to be paid from the Compensation Fund:(a) all payments of statutory compensation, costs and approved counselling services under this Act, and(b) all expenses incurred by the Tribunal, Director, compensation assessors and other staff in the exercise of their functions under this Act, and(c) all expenses incurred by Victims Services and the Victims Advisory Board under the Victims Rights Act 1996 and any other expenses incurred in the provision of victim support services approved by the Minister, and(c1) all fees to which the NSW Trustee and Guardian is entitled under section 53 of the Confiscation of Proceeds of Crime Act 1989,(d) all expenses incurred in the administration of the Compensation Fund.