Victims of Crime Financial Assistance Scheme

Why this new scheme is coming

In September 2018, the Victorian Law Reform Commission (VLRC) tabled a report in Parliament that included recommendations to address the current challenges to applying for financial assistance.

Victims told the VLRC that the experience of going to VOCAT sometimes made their trauma worse. The VLRC recommended VOCAT be replaced with a simpler system that is more focused on victims.

How the scheme will be different

The Financial Assistance Scheme will not involve courtrooms, hearings or magistrates.

The scheme will:

• have an application process that is easier to complete
• be clearer about the information that victims of violent crime need to supply
• give victims more time to seek the assistance they need
• be available to victims in a wider range of circumstances.

Key changes to eligibility include:

• victims will have up to 3 years to make an application (compared to 2 years at VOCAT)
• adult survivors of family violence and sexual offences will have up to 10 years to apply
• children exposed to violence will be treated as victims in their own right
• victims will no longer need to show they have a mental illness as a result of the violent crime, but instead can show they suffered psychological harm
• family relationships will be better recognised, especially Aboriginal kinship and LGBTIQ+ relationships
• more sexual offences will be covered by the scheme, including image-based sexual offences like upskirting
• the amount of special financial assistance available for eligible primary victims will be doubled to up to $20,000 or $25,000 for multiple violent acts, in addition to other funding provided to primary victims, and
• the harm the violence has caused will be acknowledged through victim recognition statements.

How the scheme will work

The scheme will be:

• part of the Department of Justice and Community Safety (the department)
• regulated by the Victims of Crime Commissioner (the Commissioner).

It will be run by a Scheme Decision Maker (Chief Executive Officer), who will be supported by Victorian public servant employees to make decisions about financial assistance.

The Financial Assistance Scheme Decision Maker (CEO)

Marnie Williams commenced as CEO of the Victims of Crime Financial Assistance Scheme in May 2024. 

Marnie has more than 20 years' experience in the public sector organisations. She has led large, multidisciplinary teams, including as the Chief Executive of Energy Safe Victoria, where she worked to establish, and then became Commissioner and Chairperson of the Victorian Electricity Safety Commission. Marnie has also been the Chief of Business Operations at WorkSafe, and the inaugural Chief Executive Officer of the Taxi Services Commission. 

In addition, the department has started recruiting and onboarding scheme staff.

All staff will be trained to:

• have a strong understanding of family violence, sexual assault and other violent crimes
• be skilled at supporting victims in a culturally safe and inclusive way.

The scheme will be required to comply with the Victims' Charter, which means it must treat all victims with courtesy, dignity, and respect. Victims will be able to make complaints about the scheme to the Commissioner. The scheme will also report annually to the Commissioner.  

Making an application

Once the new scheme starts, victims will be able to apply using an online application form.

If victims need help to complete the application form, they can choose to receive assistance from a lawyer, case worker or other trusted person who can act as their authorised representative.

Receiving financial assistance

The total amount of financial assistance a victim receives will be different depending on their circumstances.

• Primary victims are eligible for up to $60,000, in addition to special financial assistance of up to $20,000 or $25,000 for multiple offences,
• secondary and related victims are eligible for up to $50,000. 

Victims can also receive interim assistance to help with the things they need immediately after a violent crime.  

The scheme can provide victims of violent crime with financial assistance to access counselling or other expense like medical costs, loss of earnings or other expenses to help a victim recover. What this means will be different for each victim.

Applications already with VOCAT

Once the Financial Assistance Scheme commences, VOCAT will continue to process and decide existing applications. Once VOCAT finishes all its existing cases, it will then close.

When the Financial Assistance Scheme starts, all new applications for financial assistance and applications for variations to the scheme and VOCAT awards, must be made to the new scheme.

Eligibility of victims for assistance

When deciding whether a victim is eligible for assistance, the scheme will consider whether:

• the applicant is a victim of a violent crime
• the applicant meets the requirements for being a 'primary', 'secondary' or 'related' victim
• the applicant suffered a physical injury, psychological or psychiatric harm or trauma from the violent crime, and
• the violent crime occurred within the time limits.

The law requires the scheme to consider whether the applicant reported the violent crime to the police within a reasonable time and assisted with any investigation and prosecution (unless there are special circumstances).

The scheme may also take into account any character or past criminal activity if this is directly relevant to the application. Guidance is being developed on how the scheme will consider character and past convictions. 

Offences covered by the new scheme

Victims are eligible for financial assistance if they are a victim of a violent crime. Not all offences which can support an application are specifically listed in the legislation, but the scheme covers offences such as:

• assault
• threats to kill
• recklessly causing injury
• culpable driving
• sexual offences
• image-based sexual offences
• stalking
• kidnapping
• home invasion.

The scheme does not cover offences related to property damage or loss (such as criminal damage or theft). The scheme also does not cover breaches of intervention orders (unless the incident also involves a violent crime).

The Financial Assistance Scheme allows for new offences to be added to the scheme more quickly so it can respond to changing types of offending and when new offences are created.  

Primary victims

In the new scheme, a primary victim is:

• someone who is injured as a direct result of a violent crime committed against them
• a child who witnesses, hears or is exposed to a violent crime and is injured because of this, or
• someone who tries to aid or rescue another victim, or tries to prevent the violent crime taking place or tries to arrest someone who committed a violent crime and is injured because of this.

Secondary victims

In the new scheme, a secondary victim is someone who is injured because they:

• witnessed a violent crime, or 
• are a parent and their child is a victim of a violent crime and they were injured because of this.

Related victims

In the new scheme, a related victim is someone who was a close family member, dependent or had an intimate personal relationship with someone who has passed away because of the violent crime.

The definition of close family member has been expanded in the new scheme to better recognise Aboriginal kinship relationships, LGBTIQ+ chosen families and other individuals that the deceased victim would have considered to be a close family member.

Time limits for applications

Applicants need to apply to the Financial Assistance Scheme within certain time limits. 

For adult victims of sexual offences or family violence, this is 10 years from the time of the violent crime and for other adult victims this is 3 years from the violent time. Children have 3 years to apply from when they turn 18 or can apply at any time if the violent crime involves family violence or child abuse.

The scheme may consider an application made out of time. In this situation, the scheme can look at factors including:

• the victim's age
• whether the victim had an intellectual disability or mental illness
• whether the offender was in a position of power trust or influence
• the physical or psychological effect of the violent offence
• whether the offender threatened or intimidated the victim
• the nature and circumstances of the violent crime, including whether it occurred within the context of a pattern of abuse or involved family violence or sexual offences
• whether the victim experienced homelessness
• whether the victim had a medical or psychological condition that impacted their ability to report the crime
• the length of time taken to finalise legal proceedings related to the offence (such as a criminal trial), and
• anything else that may be relevant.

Reviewing a Financial Assistance Scheme decision

If an applicant does not agree with a decision, they will be able to apply for an internal review. This will need to be done within 28 days of the decision.

An internal review of a decision must be reviewed by a more senior employee who has not been involved in the original decision. 

If the CEO made the decision or the decision has already been reviewed internally, the applicant can then apply to Victorian Civil and Administrative Tribunal for review.

Recognising victims

Victim recognition statements

This is a statement to the victim on behalf of the State to acknowledge the effects of the violent crime on the victim and express the State's condolences.

Once an application is finalised, any victim may ask for a victim recognition statement to be provided.

How the victim recognition statements will look and what they will say is being developed in consultation with relevant people and organisations. People's lived experience, language and cultural needs are being considered as a part of this process.

Victim recognition meetings

Victim recognition meetings will provide a private, respectful forum for the State to acknowledge victims and for victims to be heard about the impacts of the criminal act on them. They will be conducted in an inclusive and culturally safe way.

The Financial Assistance Scheme is developing clear guidelines outlining when the scheme will hold victim recognition meetings. The Department of Justice and Community Safety is consulting with relevant people and organisations, including victims with lived experience.

Reporting the violent crime to police

For victims to be eligible for financial assistance, the law requires them to report the violent crime to the police within a reasonable time (unless there are special circumstances for not doing so). What is considered a 'reasonable time' will be different for each victim, depending on their circumstances and the nature of the offence.

The new scheme has a discretion to accept applications where there may be 'special circumstances' for not reporting. Information explaining what the scheme may consider to be special circumstances is being developed.

Your privacy

The law restricts how scheme documents can be used and protects victims' information and privacy.

The law prevents victims' applications being used in legal proceedings without the victim's consent. This means that a victim's application cannot be subpoenaed from the scheme and used in a criminal trial. This protects victims' privacy and helps victims in their recovery.

The scheme also cannot disclose a victim's information to another person (including an offender) unless the victim consents to this or if it is required by another law.  

There are restrictions on when scheme documents can be published, especially where this might identify other parties involved in the application and the outcome of another application. This allows victims to discuss their experience, should they wish to do so, while protecting the privacy of other people.