NSW Support Eligibility and Counselling Rights for Family Victims of Road Crimes

Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024

11 Feb 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

counselling services family support road crime victim rights victim support

Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Road crimes are no longer classified as acts of violence; some exceptions apply
Family victims of road crimes can access approved counselling services
Family members of the offender cannot receive victims support; they can still receive it if they are also immediate family of the deceased victim
Victims of multiple crimes—such as violence, modern slavery, and road crime—can only receive each type of support once
The Commissioner of Victims Rights can approve a counsellor of the victim's choice for those living outside Australia
The Commissioner must confirm a person is a family victim of a road crime before approving support
The Commissioner must consider the deceased person's behaviour and criminal history when deciding the amount of financial support

The Debate

What different members said when this bill was debated:

Susan Carter LIB

“I contribute to debate on the Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024 and indicate at the outset that the Opposition is pleased to support the bill. I also acknowledge that the World Day of Remembrance for Road Traffic Victims was last Sunday. I extend my thoughts and sympathy to all those who are suffering from a terrible trauma and loss.”

Official source →

Sue Higginson GRN

“The Greens support the Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024, but it is interesting to hear the comments of the Hon. Susan Carter in opposition. I say, "Hear, hear!" I agree with so many things she just said on record. There are many holes in the victims compensation and support systems. We can do much better, and I think we should.”

Official source →

Daniel Mookhey ALP

“This important bill amends the Victims Rights and Support Act 2013 to extend victim support counselling to the families of all people killed in road crimes. It implements the Government’s election commitment to allow family members who have lost a loved one through a road crime to access crucial mental health support.”

Official source →

News articles and press releases

Victims Rights and Support Amendment (Victims Support Counselling) Bill 2024

Mr MICHAEL DALEY, Attorney General — 2024-11-13

Victims of road crime have been largely excluded from the Victims Support Scheme in New South Wales. Incidents involving motor vehicles are mostly excluded from being so-called "acts of violence" under the Act. The Government acknowledges that family victims of road crime experience the same immense trauma and suffering as other people who lose a family member too soon because of a criminal act. The bill will ensure that they receive counselling support to assist them to navigate their loss. Under the changes proposed in the bill, a family member will be eligible to access victims support counselling if a person is killed in a motor vehicle crash and another person is charged with an offence relating to the crash. A charge will not be required if the alleged offender has died or cannot be located but there is sufficient evidence to establish that an offence has apparently occurred.