Legal remedies available

Written By For Good Digital

The following legal remedies are available for victims of crime:

  • Victims of Crime ‘Financial Assistance Scheme’: The new Victims of Crime ‘Financial Assistance Scheme’ (FAS) commenced operation on 18 November 2024. This new scheme was established under the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) (‘FAS Act’). Prior to the commencement of the FAS, the Victims of Crime Assistance Tribunal (VOCAT) scheme, established under the Victims of Crime Assistance Act 1996 (Vic) (‘VOCA Act’), had been in operation since 1 July 1997. Prior to the VOCAT scheme, victims sought what was referred to as ‘crimes compensation’ under the Criminal Injuries Compensation Act 1983 (Vic), and prior to that, under the Criminal Injuries Compensation Act 1972 (Vic).

  • Civil proceedings: A victim can issue a civil claim for damages against the offender. (See ‘Civil claims for damages’, below.)

  • Compensation under the Sentencing Act 1991 (Vic) (‘Sentencing Act’): A victim can seek compensation from the offender for pain and suffering. The court can also order the offender to pay the victim’s medical, counselling and other expenses. (See ‘Compensation under the Sentencing Act’, below.)

Legal remedies available

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 875

Next Section: The new Financial Assistance Scheme

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The new Financial Assistance Scheme