How to apply to the Financial Assistance Scheme
The FAS Guidelines are a 107-page document providing all relevant information needed when making an application to the FAS. The FAS Guidelines are easy to read, and replace the need for Practice Directions and individual guidelines for separate topics, which were employed under the VOCAT scheme. The FAS Guidelines need to be read in conjunction with the FAS Act and the FAS Regulations.
The FAS is designed to allow applicants to file and manage their own claims on a website and portal, with the option to be represented by a lawyer or have an ‘authorised representative’ apply on their behalf (FAS Act s 25; FAS Guidelines pt 11).
The portal aims to be user-friendly and easily navigable. Applicants create an account and complete a guided online application form (which can be saved). Statutory declarations can be generated on the website, which is helpful as the FAS requires these in some circumstances.
The application is triaged by staff, who will notify the applicant if further information is required. Applicants can be referred to support organisations to assist with their application if required. Applicants are advised of the final outcomes via a Notice of Decision with Outcome, a Statement of Reasons, and information about reviews of decisions.
The FAS can determine that an act of violence occurred regardless of any concurrent legal proceedings underway (s 28), and so VOCAT scheme delays caused by criminal proceedings which had not yet been finalised can now be avoided.
The civil standard of proof (on the balance of probabilities) must be satisfied about the existence of any matter relevant to deciding an application (s 28).
There is no filing fee for lodging an application.
How to apply to the Financial Assistance Scheme
Chapter: 10.6: Assistance for victims of crime
Contributor: Marita Ham, Barrister
Current as of: 18 November 2024
Law Handbook Page: 877
Next Section: What is an ‘act of violence’?
