Expenses to assist recovery

Primary, secondary and related victims are entitled to expenses to assist their recovery if ‘exceptional circumstances’ can be established.

Part 15.7.1 of the FAS Guidelines states that exceptional circumstances mean that the circumstances need to be ‘unusual, special, out of the ordinary (adopting the test in the leading case of RN v VOCAT (General) [2005] VCAT 2651), rare or outside reasonable anticipation or expectation’. This could include the applicant’s current difficult personal circumstances; abuse, neglect or offending against them in their childhood making them particularly vulnerable; the seriousness of the offence or injury suffered; any pre-existing factors such as mental illness or disability, or cultural considerations.

Expenses sought must be reasonable, assist the victim’s recovery and be proportionate to the injury experienced. Support letters from mental health practitioners, doctors or support workers are recommended. A statutory declaration from the applicant detailing why their circumstances are exceptional and how the expense will assist recovery is suggested in the FAS Guidelines, and is strongly recommended.

Under the VOCAT scheme, items awarded to assist recovery have been wide ranging and specifically tailored to the needs of the applicant, and include gym memberships, yoga classes, respite holidays, tutoring, re-training courses and therapy animals. It is unknown how the FAS will treat requests for these types of items, but it is important to seek all reasonable items a client seeks to assist their recovery, supported by appropriate evidence. Detailed and personalised wording from the applicant in a statutory declaration will greatly assist such applications.

Legal remedies available

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 881

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