Victims of Crime
In Victoria - Victims of Crime Assistance Tribunal (VOCAT)
crime committed in Victoria. The Tribunal makes awards to eligible victims of crime for expenses which they incur in recovering from the act of violence.
The type of assistance which may be awarded to victims of crime includes:
- Medical and counselling expenses;
- Loss of income;
- Safety related expenses.
- Funeral expenses;
- Other reasonable expenses.
In some circumstances the Tribunal may also make an award of special financial assistance or distress to a victim of crime in recognition of the significant adverse effects suffered by that victim. No award or assistance will be provided for loss or damage to property which occurred in the act of violence.
An application to VOCAT may be made for the following:
The Primary Victim of the Act of Violence
The primary victim is the person who is injured or dies as a result of a violent crime. A primary victim is also a person who was injured in trying to protect someone from an act of violence, or was injured in trying to arrest someone they believed on reasonable grounds committed an act of violence, or by trying to aid or rescue someone they believed to be the victim of a violent act of crime.
Secondary Victim of the Act of Violence
A secondary victim is someone who is injured as a direct result of being present at the scene of a violent act of crime and witnessing the crime. A parent of guardian who is subsequently made aware of a violent crime where the victim was under 18 years of age may also be a secondary victim.
Related Victim
A related victim is someone was a close family member, a dependant or had an intimate relationship with a deceased primary victim.
Funeral Expenses
A person who has incurred funeral expenses as a result of the death of a primary victim and is not a related victim may be awarded compensation for funeral expenses.
Application on behalf of another person
It is possible to make an application on behalf of a primary victim where the primary victim is under 18 years of age, or where the victim is a represented person under the Guardianship and Administration Act 1986. Where the Tribunal considers the victim needs assistance in making the application, the application may be made by another on their behalf.
The Application to VOCAT must be made within two years of the crime or where the application is made by a related victim for funeral expenses within two years of the date of death. It is possible to make an application out of this time by applying to VOCAT for an extension of time.
We are able to assist you in a Victims of Crime Application and in providing all relevant information to the Tribunal.
In New South Wales - Victims Compensation
In NSW, the Victims Support and Rehabilitation Act 1996 established the Victims Compensation Fund which manages claims made on behalf of victims of crime.
You may be entitled to compensation if you are:
- injured as a victim of an act of violence;
- injured while trying to prevent an act of violence or protect a victim;
- injured while witnessing an act of violence; or
- related to a victim.
The types of assistance which may be awarded to victims of crime includes:
- Compensation for injury;
- Medical expenses;
- Loss of earnings;
- lost, destroyed or damaged personal items; and
- Other reasonable expenses.
There are strict rules as to the types of injuries that are eligible for compensation and the ways that compensation is calculated. There are also strict time limits for making a claim as the application for compensation must generally be lodged within 2 years of the date of the act of violence.
Please contact us if you require further information.
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