For example, section 61M provides that aggravated indecent assault against a person under the age of 16 is liable to imprisonment for 10 years. Issue 3: What victims should be The draft proposal is that access to a Not supported. Victims Services supports the eligible? perpetrator’s superannuation should only be inclusion of family victims in this proposal. made available to primary victims. Family victims are defined under s22 of the Victims Rights and Support Act 2013 (NSW): family victim of an act of violence is a “A person who is, at the time that act is committed, a member of the immediate family of a primary victim of that act who has died as a direct result of that act”. In the event where the primary victim dies as a Supported. As outlined above, family victims result of the act of violence, the Review seeks of homicide should be able to access funds feedback on whether a related victim (broadly held in the perpetrator’s superannuation defined as a person who, at the time the account. primary victims dies, is a close family member or a financial dependant) should be able to access funds held in the perpetrator’s superannuation account. 4: Types of unpaid compensation Under this draft proposal, both types of orders Victims Services supports both types of orders covered would be covered. However, we welcome views orders being covered by this proposal. In on whether the draft proposal should be NSW under s25 of the Victims Rights and In considering what types of orders confined to Sentencing Act-style orders and not Support Act 2013 person is not eligible to “A should be covered, it is important to
For example, section 61M provides that aggravated indecent assault against a person under the age of 16 is liable to imprisonment for 10 years. Issue 3: What victims should be eligible? The draft proposal is that access to a perpetrator’s superannuation should only be made available to primary victims. Not supported. Victims Services supports the inclusion of family victims in this proposal. Family victims are defined under s22 of the Victims Rights and Support Act 2013 (NSW): “A family victim of an act of violence is a person who is, at the time that act is committed, a member of the immediate family of a primary victim of that act who has died as a direct result of that act”. In the event where the primary victim dies as a result of the act of violence, the Review seeks feedback on whether a related victim (broadly defined as a person who, at the time the primary victims dies, is a close family member or a financial dependant) should be able to access funds held in the perpetrator’s superannuation account. Supported. As outlined above, family victims of homicide should be able to access funds held in the perpetrator’s superannuation account. 4: Types of unpaid compensation orders covered In considering what types of orders should be covered, it is important to Under this draft proposal, both types of orders would be covered. However, we welcome views on whether the draft proposal should be confined to Sentencing Act-style orders and not Victims Services supports both types of orders being covered by this proposal. In NSW under s25 of the Victims Rights and Support Act 2013 “A person is not eligible to