Primary victims – assistance available

Primary victims may be awarded up to $60 000 plus SFA (FAS Act s 10(1)). A higher amount may be prescribed under the FAS Regulations, and the cap of $60 000 increases every financial year subject to indexation.

The amount of $60 000 may be made up of amounts for expenses actually incurred, or reasonably likely to be incurred, for counselling and medical expenses. Also included are loss of earnings of up to $20 000, and loss or damage to clothing worn at the time of the crime, and safety-related expenses (s 10(2)). Expenses incurred through loss of or damage to property are excluded (s 10(4)). Finally, included in the cap is assistance for the applicant’s recovery if it can be established that ‘exceptional circumstances’ exist (s 10(3)).

Loss of earnings is for earnings lost as a direct result of total or partial incapacity for work during a period of up to two years from the act of violence (s 19). A cap of $20 000 applies, and a higher amount may be prescribed under the FAS Regulations. The cap also increases every financial year subject to indexation.

Primary victims – assistance available

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 879

Next Section: Special financial assistance