Other assistance received
Part 22 of the FAS Guidelines requires applicants to include in their application details about any payments or assistance they have received from other sources for the same loss or expense they are claiming from the FAS. The list of information required by the FAS includes payments from insurance (including for any funeral expenses), the Transport Accident Commission (TAC), WorkSafe, the Police Redress Scheme, family violence and victims assistance schemes, Medicare payments, and any other assistance, payment or compensation.
Applicants must also advise the FAS about any applications they have made or intend to make to other schemes.
The FAS requires such information because section 18 of the FAS Act requires the FAS to take into account payments the applicant has received or is likely to receive from any other sources, when determining the amount of assistance to be paid to an applicant, but only when the applicant is claiming the same expense from the FAS. It is important to note that the payment received or likely to be received by the applicant must be exactly the same as that being sought from the FAS in order for FAS to take it into account. If it is not exactly the same, the FAS need not take this into account when deciding the amount of assistance to be paid to an applicant. Such distinctions may need to be clarified to the FAS.
The FAS must reduce its payments to the applicant by the same amount if the applicant has already received a payment for that same item from:
common law damages;
compensation, assistance or payments of any other kind; or
financial assistance awarded under section 12 of the Transport (Compliance and Miscellaneous Act 1983 (Vic) (s 18(1)(a)).
By contrast, if the applicant is claiming items from the FAS and is (only) likely to be able to recover payment for that same item from:
common law damages;
payments under any scheme, whether statutory or non-statutory (including the TAC, WorkSafe and Police Assistance Compensation Act 1968 (Vic) scheme); or
any insurance or superannuation scheme payments,
but has not yet done so, the FAS may consider reducing its award by the same amount (s 18(1)(b)). The FAS therefore has discretion in these circumstances not to reduce its award. Part 22.1 of the FAS Guidelines clarifies that there must be a ‘real chance of [the applicant] receiving that other payment and not merely being eligible for it’.
An exception to the requirement for the FAS to take into account payments is when it is considering SFA payments for primary victims and distress payments for related victims. When considering these payments, the FAS must not take into account any insurance policy payments or superannuation scheme payments the applicant has received or is entitled to receive or would be entitled to receive if they applied for them (s 18(2)).
Part 22 of the FAS Guidelines states that applicants do not have to provide details of any payments they have received or are likely to receive from the National Redress Scheme for people who have experienced institutional child sexual abuse, as these payments are protected from being considered by other schemes.
Other assistance received
Chapter: 10.6: Assistance for victims of crime
Contributor: Marita Ham, Barrister
Current as of: 18 November 2024
Law Handbook Page: 884
Next Section: Victim recognition statements and meetings
