Categories of victim

5 Feb

A person may apply to the FAS in one category of victim only in respect of an act of violence (s 20). This means that even if a person satisfies the definition of more than one category of victim, they can only apply under one category. Of course, people may apply any number of times to the FAS should they be the victim of different acts of violence by different people over time.

A ‘primary victim’ is defined in section 9 of the FAS Act as a person who is injured or dies as a direct result of an act of violence committed against them. A primary victim is also a person who is injured or dies as a direct result of trying to arrest someone they believe has committed a crime; or trying to prevent the commission of a crime; or trying to aid or rescue someone whom they believe is a victim of a crime, whether or not a crime is actually committed. A child who is injured as a direct result of hearing or witnesses or otherwise being exposed to the effects of an act of violence is also now a primary victim under the FAS (s 9(3)).
The FAS Regulations may also prescribe who may be a primary victim (s 9(4)), so these need to be checked from time to time. A person is not a primary victim if they committed and are criminally responsible for that act of violence (s 9(5)).
A ‘secondary victim’ is defined in section 13 of the FAS Act as 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; or if they are injured as a direct result of becoming aware of an act of violence when they are the parent or guardian of the primary victim who was under the age of 18 at the time the act of violence was committed. A person is not a secondary victim if they committed and are criminally responsible for that act of violence.
A ‘related victim’ is defined in section 15 of the FAS Act as 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 died as a result of that act of violence. A person is not a related victim if they committed, and are criminally responsible for, that act of violence.
A ‘close family member’ is defined in section 3(1) as someone who, at the time of the victim’s death, had a genuine personal relationship with the victim, and who, in relation to the victim, was:
- a spouse or domestic partner of the victim;
- a parent, guardian or step-parent of the victim;
- a child or step-child of the victim;
- a child where the victim was their guardian; or
- a sibling or step-sibling of the victim.
‘Genuine personal relationship’ is not defined in the FAS Act.
The definition of a ‘close family member’ is further extended under section 3(2) to include a person who regarded the deceased primary victim as a close family member at the time of the deceased primary victim’s death, and where the FAS considers it reasonable to do so having regard to the circumstances of their relationship. This expanded definition is intended to recognise LGBTIQA+ relationships, Aboriginal kinship relationships, grandparents, aunts, uncles, cousins and any other individuals whom an applicant considers to be close family members, if FAS considers that to be reasonable (see Explanatory Memorandum to the FAS Act).