Related victims – assistance available

Related victims may be awarded up to $50 000 (FAS Act s 16). A higher amount may be prescribed under the FAS Regulations. The cap of $50 000 increases every financial year subject to indexation.

The amount of $50 000 may be made up of expenses actually incurred, or reasonably likely to be incurred, for counselling; medical expenses; ‘distress’ experienced or reasonably likely to be experienced; loss of money that would have been received from the primary victim for up to two years after the death; or other expenses actually and reasonably incurred by the related victim as a direct result of the death (s 16(2)). Expenses incurred through loss of or damage to property are excluded (s 16(4)).

‘Distress’ is not defined in the FAS Act but has been interpreted in the leading case of Vita v VOCAT [2000] VCAT 2317 to be given its ordinary meaning as ‘great pain, anxiety, or sorrow; acute suffering; affliction; trouble … It is a very broad concept, more sweeping … than pain and suffering’.

Part 18.4 of the FAS Guidelines provides the amounts for flat payments for distress for various categories of related victims. The maximum payment of $20 000 is reserved for spouses or domestic partners, children and step-children, parents, guardians or step-parents, and siblings or step-siblings of the primary victim. Others receive a payment of $6500.

Related victims – assistance available

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 881

Next Section: Expenses to assist recovery