Victims of Crime Financial Assistance Scheme

Why this new scheme is coming

In 2016, the Victorian Government asked the Victorian Law Reform Commission (the Commission) to look at how VOCAT was working.

Victims told the Commission that the experience of going to VOCAT sometimes made their trauma worse. The Commission found many problems with VOCAT. It recommended it be replaced with a simpler system that was more focused on the victim.

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.

For example:

• victims will have up to three years to make an application (compared to two 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 victims will be doubled to $20,000 or $25,000, 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
• regulated by the Victims of Crime Commissioner (the Commissioner).

It will be run by a scheme decision maker, who will be supported by Victorian public servant employees to make decisions about financial assistance.

All employees of the scheme will be qualified, which means they will:

• 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.

The decision maker's responsibilities

The scheme decision maker will:

• receive and decide on applications for financial assistance
• provide victim recognition statements and meet with victims where appropriate
• provide information to victims of violent crimes about the scheme and make referrals to other support, and
• publish guidance materials and conduct public awareness and education.

Making an application

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

The Department of Justice and Community Safety is currently consulting with victims and other organisations to make sure the form will be easy to use. It will allow victims to attach supporting documents and evidence.

Victims will also be able to apply in other ways, including through:

• a nominated person
• a support agency
• the Financial Assistance Scheme contact centre which will be established when the new scheme commences.

If victims need help to complete the application form, they can choose to receive help from a lawyer, case worker or other trusted person.

Receiving financial assistance

The total amount of financial assistance a victim receives will be different for each circumstance.

Primary victims of violent crime are eligible for assistance up to $60,000, while secondary and related victims are eligible for up to $50,000. Victims can also receive interim assistance to help with the things they need most straight after a violent crime.

The scheme can provide victims of violent crime with assistance for a reasonable number of counselling sessions or for 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

The Victims of Crime Assistance Tribunal (VOCAT) will continue to process and determine existing applications. Once VOCAT finishes all its existing cases, it will then be closed.

When the Financial Assistance Scheme starts, all new applications for financial assistance 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 (a violent crime recognised by the scheme)
• the applicant meets the requirements for being a 'primary', 'secondary' or 'related' victim
• the applicant was injured as a direct result of the violent crime (this could be that they suffered a physical injury, psychological or psychiatric harm or trauma), 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. Information is being developed on how the scheme will consider character and past convictions.

The amount of financial assistance paid to the applicant through the Financial Assistance Scheme will be reduced by the amount received from other schemes or organisations if it relates to the same violent crime. For example, the scheme will take into account any payment to a victim of a violent crime from the Transport Accident Commission (TAC) or WorkSafe if the payment relates to the same violent crime as the application.

The scheme will not consider any convictions that have been spent under the Spent Convictions Act 2021.

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 or dies 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.

In the future, regulations can include additional categories of persons who are taken to be primary victims.

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.

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 a primary victim. In these circumstances, the primary victim is someone who died because of a 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.

The Department of Justice and Community Safety is consulting with victims of crime and other organisations on the types of evidence an applicant needs to show that a victim is 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 three years from the violent time. Children have three 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 decision maker may consider an application made out of time in some circumstances. In this situation, the scheme decision maker 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 of 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 a review. This will need to be done within 28 days of the decision.

Applicants can also apply to the Victorian Civil and Administrative Tribunal (VCAT) to review a decision.

If the decision was made by a scheme employee, it must first be reviewed by a more senior employee.

If the scheme decision maker made the decision or the decision has already been reviewed internally, the applicant can then apply to VCAT 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.

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

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

The 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 design of the new scheme

The Department of Justice and Community Safety is working to get the new scheme ready for operation. As part of this, people with lived experience are being asked to have their say on the design. These people include victim representative and community and legal agencies that support victims.

The department is seeking to understand how victims experience the system and how to design the scheme so it works well for victims of violent crime.

Further information in guidelines and regulations

New regulations and guidelines may be made to add detail to the legislation and how the new scheme should operate. This could include:

• applications outside the normal time limits
• information needed to establish a close family relationship
• consideration of an applicant's character and previous criminal convictions
• how special financial assistance will be paid.

The Department of Justice and Community Safety will consult with relevant organisations and people on the development of these regulations and guidelines. This will include consulting with 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 with a reasonable time (unless there are special circumstances). What is considered a 'reasonable time' will be different for each victim, depending on their circumstances and the nature of the offence.

For this reason, the scheme decision maker can consider what is 'reasonable time' on a case-by-case basis.

When deciding what is a reasonable time, the new scheme can consider many things, 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
• whether the offender threatened or intimidated the victim
• the nature of the victim's injury
• the nature, dynamics 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, and
• whether the victim had a medical or psychological condition that impacted their ability to report the crime.

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.