General policy statement

The Prisoners’ and Victims’ Claims Act 2005 (the Act)—

• restricts and guides awards of compensation sought by specified human rights claims made by a person (in this statement called a prisoner) under the State's control or supervision; and

• provides a simplified process (in this statement called the victims' claims process) for the making and determination of claims that a victim of a prisoner may make against compensation required to be paid in respect of specified human rights or tort claims made by the prisoner.

The restrictions on the awarding of compensation expire on, and the victims' claims process applies only to compensation in respect of claims made before, 1 July 2010. This Bill defers that expiry, and extends that application, for 2 years, so that—

• the restrictions on awarding of compensation expire with the close of 30 June 2012; and

• the victims’ claims process also applies to compensation awarded, or to be paid pursuant to an out-of-court final settlement, in respect of a prisoner's claim made on or after 1 July 2010 but before 1 July 2012.

This Bill bridges the gap between the expiry of the current regime and the enactment of a second Prisoners’ and Victims’ Claims Amendment Bill to be introduced in Parliament later in 2010. The second Bill will implement aspects of the Government’s election policy on victims of crime by—

• making the restrictions on awards of compensation and the victims’ claims process permanent; and

• providing for any compensation remaining after the victims’ claims process to be redirected to the Victims’ Services Appropriation to fund services and entitlements for victims of crime generally.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 relates to commencement. The Bill is to come into force on the day after Royal assent.

Clause 3 identifies the principal Act amended: the Prisoners' and Victims' Claims Act 2005. A reference in this analysis to a provision is, unless the context requires otherwise, a reference to a provision of that Act.