Out of time applications
The FAS may consider and decide out-of-time applications if it considers it is appropriate to do so having regard to a range of factors (FAS Act s 24). The FAS will consider any circumstances it considers relevant, including:
the age of the applicant;
whether the applicant has an intellectual disability or mental illness;
whether the alleged offender was in a position of power, influence or trust in relation to the applicant;
the physical or psychological effect of the act of violence;
whether the applicant has or has had a medical or psychological condition that affected their ability to apply for assistance;
the nature, dynamics and circumstances of the act of violence, including if it occurred in the context of a pattern of abuse, family violence or sexual offences;
whether the applicant is homeless or has experienced homelessness;
the length of time taken to finalise any legal proceedings related to the act of violence; and
whether the delay in hearing the application would threaten the ability of the FAS to make a fair decision.
The Explanatory Memorandum states that: ‘The discretion to consider and decide an application made out of time is broad in recognition of the unique needs of victims and the myriad of reasons or factors the (FAS) should have regard to as to why a victim may legitimately have previously been unable to make an application for assistance within time.’
Part 3.2 of the FAS Guidelines outlines evidence required to submit in support of reasons for delayed reporting, including medical records or letters, social worker or support worker letters, court documents, intervention orders, police statements and statutory declarations.
Out of time applications
Chapter: 10.6: Assistance for victims of crime
Contributor: Marita Ham, Barrister
Current as of: 18 November 2024
Law Handbook Page: 882
Next Section: Reporting to police
