VICTORIA:
CRIMINAL INJURIES
IF YOU HAVE SUFFERED AN INJURY THAT IS THE RESULT OF A CRIMINAL ACT, YOU MAY BE ENTITLED TO COMPENSATION
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VICTORIA, AUSTRALIA:
VICTIMS OF CRIME FINANCIAL ASSISTANCE INFORMATION
If you are a victim of crime in Victoria, you may be entitled to financial assistance.
In Victoria, there are three main possible avenues for compensation for victims of crime:
- Compensation from the Victims of Crime Assistance Tribunal.
- Compensation as part of a sentencing order.
- Civil action against the offender.
The Victims of Crime Assistance Act 1996 (Vic) generally governs the area of crimes compensation awarded by the Victims of Crime Assistance Tribunal in Victoria, Australia. The objectives of this Act generally are to:
to assist victims of crime to recover from the crime by paying them financial assistance for expenses incurred, or reasonably likely to being incurred, by them as a direct result of the crime, and to allow victims of crime to have recourse to financial assistance where compensation for the injury cannot be obtained from the offender (for example, the offender may not necessarily have the financial means to pay for compensation).
To be eligible for compensation from the Tribunal-
1.You must be a victim of a violent crime that occurred in the state of Victoria. A violent crime includes a sexual offence, an actual or threatened assault or injury to a person, or the death of a person.
2. The crime must have been reported to police within a reasonable time. Note that the Tribunal may award assistance in respect of an act of violence even though no person has been charged with, found guilty or convicted of, an offence arising out of the commission of that act of violence.
3. The crime must have occurred within the past 2 years (except in the case of certain childhood sexual crime), although it may in exceptional circumstances be possible to gain an extension of this time from the Tribunal.
The amount of financial assistance that you are entitled to depends upon the particular circumstances of the crime and whether you are classified as a primary, secondary or related victim. There are four different categories of applications:-
Primary Victim
Secondary Victim
Related Victim
Application for Funeral Expenses Only
PRIMARY VICTIM
A primary victim is a person who is injured or dies as a direct result of:
- an act of violence committed against him or her; or
- trying to arrest someone he / she believes, on reasonable grounds has committed an act of violence; or
- trying to prevent the commission of an act of violence; or
- trying to aid or rescue someone he / she believes is the victim of an act of violence.
A primary victim may be awarded up to $60,000. They may also be entitled to any special financial assistance, to cover expenses incurred or that may be incurred in the future such as:
- the reasonable cost of counselling sessions;
- medical out-of-pocket expenses incurred as a direct result of the act of violence;
- loss of earnings of up to $20,000 for a period of no more than 2 years from the act of violence;
- loss of or damage to clothing worn at the time of the act of violence;
- other expenses actually and reasonably incurred, or likely to be incurred, by the victim to assist in his / her recovery from the act of violence.
Special Financial Assistance (only available to Primary Victims)
Special Financial Assistance was introduced to pay certain victims of crime limited financial assistance as a symbolic expression by the State of the community's sympathy and condolence for, and recognition of the act of violence suffered by them as victims of crime.
The Tribunal may award up to $7500 for Special Financial Assistance in the following circumstances:
- Criminal acts which occur on or after 1st July 2000
- Childhood sexual abuse which occurred on or after 1st July 1997
- Childhood sexual abuse which occurred prior to 1st July 2000 (where no application has been made to the Crimes Compensation Tribunal) provided that:
- the alleged offender has been committed or presented for trial after 1st July 1997; or
- where the charge is heard and determined summarily irrespective of the outcome; or
- the person charged dies without the charge being determined.
Offences are organised into four categories (A, B, C, D) in order to claim for special financial assistance.
Each category has a prescribed minimum award level and a prescribed maximum award level.
Higher awards will be reserved for more serious offences, such as rape, incest, and sexual penetration of a child. Less serious offences, such as common assaults will attract lower awards. |
SECONDARY VICTIMS (PARENTS AND GUARDIANS OF VICTIMS OF CRIME)
Under s9, a secondary victim is a person who is present at the scene of an act of violence and who is injured as a direct result of witnessing that act.
A person is also a secondary victim if he/she is injured as a direct result of subsequently becoming aware of an act of violence AND if he/she is the parent or guardian of the primary victim who is under 18 years of age at the time of the act.
A secondary victim may be awarded up to $50 000 for expenses incurred (or likely to be incurred) for:-
- reasonable counselling expenses
- reasonable medical expenses incurred as a direct result of the act of violence
- loss of earnings of up to $20 000 but only in exceptional circumstances
Additional assistance available to certain secondary victims
If the secondary victim is under 18 years and witnessed an act of violence involving a family member; or a parent / guardian of a child who was under the age of 18 years at the time the criminal act was committed, the Tribunal may also award an amount for other expenses reasonably incurred or likely to be incurred, to assist in his or her recovery. |
RELATED VICTIM
A related victim is a person who, at the time of the act of violence:
- was a close family member of; or
- was a dependant of; or
- had an intimate personal relationship with;
a primary victim who has died as a result of the act.
A 'close family member' is defined as a person who had a genuine personal relationship with the victim at the time of the victim's death and who is
- the spouse of the victim; or
- a parent, guardian or step-parent of the victim; or
- a child or step-child of the victim or some other child of whom the victim is the guardian; or
- a brother, sister, step-brother or step-sister of the victim.
The Tribunal may make an award of up to $50 000 for the distress experienced as a result of the death of the primary victim, for:
- reasonable counselling services; and/or
- reasonable medical expenses; and/or
- funeral expenses; and/or
- any loss of money expected from the deceased.
Where more than one related victim applies for assistance, the maximum payable in total cannot exceed the prescribed limit of up to $100,000 unless exceptional circumstances exist.
Claim for Dependence (Related Victims Only)
Individuals wholly or substantially dependent on the deceased Primary Victim's income may be able to claim for loss of money they were reasonably likely to receive from the primary victim during a period of up to 2 years after that death.
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FUNERAL EXPENSES
A person who has incurred funeral expenses as a direct result of the death of a primary victim and who is NOT a related victim may be awarded assistance for funeral expenses actually and reasonably incurred by him or her.
An example of a person who may be eligible to apply for payment of Funeral Expenses could be where the deceased primary victim has no close living relatives and a friend (or distant relation) is therefore paying for funeral expenses.
Note: A person is only eligible to apply for assistance in one of the above capacities, arising out of a single act of violence.
TIME LIMITS IN MAKING AN APPLICATION TO THE TRIBUNAL
An application must be made within 2 years after the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within 2 years after the death of the primary victim. Only in exceptional circumstances will the Victims of Crime Assistance Tribunal allow an extension of this time period.
DO NOT DELAY IN SEEKING LEGAL ADVICE
The Tribunal must strike out an application made out of time unless it considers that, in the particular circumstances, the application ought not to be struck out.
In determining whether to further hear and determine an application made out of time, the Tribunal must have regard to-
(a) the age of the applicant at the time of the occurrence of the act of violence;
(b) whether the applicant is intellectually disabled within the meaning of the Intellectually Disabled Persons' Services Act 1986 or mentally ill within the meaning of the Mental Health Act 1986;
(c) whether the person who committed, or is alleged by the applicant to have committed, the act of violence was in a position of power, influence or trust in relation to the applicant;
(d) the physical or psychological effect of the act of violence on the applicant;
(e) whether the delay in making the application threatens the capacity of the Tribunal to make a fair decision;
(f) whether the applicant was a child at the time of the occurrence of the act of violence and the application was made within a reasonable time after he or she reached the age of 18;
(g) all other circumstances that it considers relevant.
The Tribunal cannot decide to further hear and determine an application made out of time only because the applicant was unaware of this Act or of the Criminal Injuries Compensation Act 1983 or the Criminal Injuries Compensation Act 1972 or of the time within which applications must be made under any such Act.
EVIDENCE
A solicitor can assist you in collating the necessary evidence to support your claim. Generally speaking, you will need to provide evidence from your treating doctor or hospital to prove that you have been injured, as well as proof of loss of earnings (such as employment records) and any out-of-pocket expenses incurred as a result of the crime. If you are claiming a psychological injury, you will need a report from a psychologist. The tribunal will look at all the medical evidence as well as police reports in making its decision.
IT IS AN OFFENCE TO GIVE FALSE OR MISLEADING INFORMATION
A person must not in, or in relation to, an application for criminal injuries assistance give information that is false or misleading in a material particular. The result can be a large fine and/or imprisonment.
THE MAKING OF AWARDS BY THE TRIBUNAL
The Tribunal may award assistance to an applicant if satisfied that:
- an act of violence has occurred; and
- the applicant falls within one of the four types of victim categories.
The Tribunal may award assistance in respect of an act of violence even though no person has been charged with, found guilty or convicted of, an offence arising out of the commission of that act of violence.
OTHER LEGAL AVENUES (I.E OTHER THAN THROUGH THE TRIBUNAL)
Compensation as part of a sentencing order
A victim can make a compensation application to a court under the Sentencing Act 1991 (Vic).
- This must be done within twelve months of a conviction against an offender.
- If the order is granted it is made against the offender directly.
- The financial circumstances of the offender are taken into account in determining the success of the application.
- A solicitor can advise on whether to make an application.
Civil action against the offender
A victim may be able to pursue civil action against an offender for pain and suffering and other compensation.
- It is imperative legal advice is sought.
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If you would like initial obligation-FREE legal advice as to whether you might have a claim for compensation, please complete the contact form.
This is an independent referral service. The solicitors that we refer to have extensive knowledge and experience in dealing with criminal injuries claims. They can in some cases offer their services on a "No Win No Fee" basis.
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