Reporting to police
When applying to the FAS, applicants will be required to state how and when they reported the act of violence to police. Part 4 of the FAS Guidelines provides detail about how this reporting can be done, which includes by attending a police station and calling 000, and how reporting can be proven.
An application to FAS must be refused if, amongst other reasons, the act of violence was not reported to police within a reasonable time (FAS Act s 31(1) (a)(i)) or if the applicant failed to provide reasonable assistance to anyone engaged in the investigation, arrest or prosecution of the alleged offender (s 31(1)(a)(ii)). This does not apply, however, if ‘special circumstances’ exist, or if the person falls within a ‘special reporting category’ which may be prescribed under the regulations (s 31(2)).
The FAS Act provides no specific time frame for reporting to police. If the police reporting was made but was delayed, FAS will consider the factors in section 32 when deciding if the police report was made within a reasonable time. These factors are:
age of the applicant;
whether the applicant has an intellectual disability or a mental illness;
whether the alleged offender was in a position of power, influence or trust in relation to the applicant;
whether the applicant was intimidated or threatened by the alleged offender;
the nature of the injury suffered by the applicant;
whether the applicant is homeless or has experienced homelessness;
whether the applicant has or had a medical or psychological condition that affected their ability to report the act of violence to police; and
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.
If no report to police was ever made, or no reasonable assistance was given in the investigation, arrest or prosecution of the alleged offender, the applicant will be required to show that ‘special circumstances’ exist. Part 4.3 of the FAS Guidelines provides that in order to show ‘special circumstances’ exist, the FAS will require something ‘out of the ordinary’, such as the victim’s sense of shame, distress or trauma, fear of retaliation or further violence from the offender or their family, friend or associates, fear of criminalisation, or fear of not being believed, fear of being blamed or a mistrust of authorities. Applicants must provide a statutory declaration and any medical or other documents, such as intervention orders, in support.
Relevantly, in ZHC v VOCAT (Review and Regulation) [2022] VCAT 333 at [24], Deputy President Lambrick opined:
Sometimes an act of violence will never be reported to the police; or will not be reported until the perpetrator has died or until others have been brave enough to also report conduct; or until a victim feels safe enough to do so or until a victim has established a haven from which to safely make the report.
Reporting to police
Chapter: 10.6: Assistance for victims of crime
Contributor: Marita Ham, Barrister
Current as of: 18 November 2024
Law Handbook Page: 883
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