The new Financial Assistance Scheme

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The relevant law and documentation in relation to the FAS are:

In 2018, the Victorian Law Reform Commission (VLRC) reported on its review of the VOCAT and its governing legislation, the VOCA Act. The VLRC made 100 recommendations, with its flagship reform focused on the creation of a new administrative scheme to replace VOCAT. The FAS is designed to be a trauma- informed model that is simpler to use and more victim-focused. The scheme will be independently reviewed within two years of commencing operation.

Unlike the VOCAT scheme which operated in the Magistrates’ Court with hearings conducted by magistrates and judicial registrars, the FAS is a purely administrative scheme operating within the Department of of Justice and Community Safety. The FAS is managed by a ‘scheme decision maker,’ being the FAS Chief Executive Officer, supported by a team of deputy scheme decision makers and other staff who administer the scheme and process and finalise all applications (FAS Act ss 53 and 54).

Section 5 of the FAS Act establishes the objectives of the Act, being to recognise victims of crime and the impact of crimes on victims by providing a respectful forum for victims to be heard and have their experience properly acknowledged by the State; and to assist victims in their recovery by providing financial assistance, noting that such assistance is not intended to reflect the amount of compensation that may be available elsewhere.

Section 6 of the FAS Act sets out guiding principles the FAS must have regard to. These are:

  • the FAS Act and the FAS are to support the wellbeing and dignity of victims and to protect victims from further trauma, intimidation or distress;

  • the needs of the victims are of paramount importance and may vary;

  • the FAS should be accessible and flexible; and

  • the FAS should promote the cultural safety of Aboriginal and Torres Strait Islander peoples, with various acknowledgements.

The FAS requires decision-makers, when making decisions or taking action, to have regard to the objects of the FAS Act, and any relevant principles set out in Part 2 of the Victims Charter Act 2006 (Vic) and to the objectives of the FAS Act (s 7). Part 2 of the Victims Charter Act 2006 (Vic) sets out principles on how organisations must deal and communicate with victims of crime.

Reflecting the Koori List at VOCAT, there is a specialist Marra Yattakunar Pathway for Aboriginal and Torres Strait Islander victims, with a dedicated phone line and specialist staff.

The key differences between the former VOCAT scheme and the FAS include:

  • no oral hearings, apart from ‘victim recognition meetings’, which may take place at the applicant’s request;

  • extended time frames to file applications;

  • the modernisation of some definitions to better reflect and respond to the diverse identities, experiences and needs of victims of crime (see the Explanatory Memorandum to the FAS Act);

  • an expanded definition of ‘relevant offence’ to include more sexual offences, such as image-based offences;

  • an expanded definition of ‘primary victim’ to include children who are exposed to an ‘act of violence’;

  • doubling the amounts of ‘special financial assistance’ (SFA) for ‘primary victims’ for each category, and in addition to that, providing extra amounts for multiple acts of violence;

  • removal of the restriction on eligibility for SFA for historical offending. This means that, regardless of when the act of violence occurs, primary victims are eligible for SFA provided they meet the criteria and time frames for applying to the FAS. Previously, under VOCAT, SFA was only available for acts of violence occurring on or after 1 July 2000. Childhood sexual offences were treated differently and SFA was available for offences occurring from 1 July 1997; and if before that date, only if charges were laid;

  • removal of the complicated ‘uplift’ regulations and instead setting out the contents of those uplifts in the body of each particular category of act of violence in the FAS Regulations;

  • removal of the $100 000 pool cap for ‘related victims’ of homicides; and

  • flat ‘distress’ payments for various categories of ‘related victims’, thus removing the need ‘rank’ distress levels between applicants.

Many of the provisions in the FAS Act mirror those in the VOCA Act, so much of the case law accumulated under the VOCA Act is still relevant. Case law for similar sections of the FAS Act can be found by locating the parallel section in the VOCA Act at www.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/vocaa1996271. (Click on ‘NoteUp references’ under the ‘CITED BY’ heading, located adjacent to the text of the section.)

The new Financial Assistance Scheme

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 875

Next Section: Transitioning to the Financial Assistance Scheme

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