Secondary victims – assistance available

Secondary victims may be awarded up to $50 000 (FAS Act s 14). A higher amount may be prescribed under the FAS Regulations.

The amount of $50 000 may be made up of expenses actually incurred, or reasonably likely to be incurred, for counselling and medical expenses; up to $20 000 for loss of earnings; and expenses to assist recovery if it can be established that ‘exceptional circumstances’ exist. Expenses incurred through loss of or damage to property are excluded (s 14(4)). The cap of $50 000 increases every financial year subject to indexation.

The loss of earnings amount also increases every financial year subject to indexation. 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).

Secondary 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

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