Time limits to apply

Time limits to apply to the FAS are outlined in section 23 of the FAS Act and vary according to the victim’s age and the type of act of violence.

Apart from the exceptions listed below, applications must be made within three years of the act of violence; or in the case of related victim applications, three years from the date of death of the primary victim.

Applicants who were child victims of any acts of violence other than ‘child abuse’ or ‘family violence’ must apply before turning 21 years of age. Applicants who were child victims of ‘child abuse’ or ‘family violence’ have no time limit to apply.

‘Child abuse’ is defined in section 3 as referring to the meaning given in section 3(1) of the Child Wellbeing and Safety Act 2005 (Vic): sexual offences, grooming for sexual conduct with a child under 16 years of age, physical violence, serious emotional or psychological harm, and serious neglect.

‘Family violence’ is defined in section 3 and has the same meaning as under the Family Violence Protection Act 2008 (Vic), which are behaviours that are physically, sexually, emotionally, psychologically or economically abusive; or threatening, coercive, controlling or dominating behaviour that causes people to fear for their safety or wellbeing.

Applicants who were adult victims of ‘sexual offences’ and ‘family violence’ have 10 years to apply from the date of the last act of violence.

A ‘sexual offence’ is defined in section 3(1) of the FAS Act. These are certain sexual offences under division 1 of Part 1 of the Crimes Act 1958 (Vic) or previous enactments, or the common law offence of rape or assault with intent to rape.

Time limits to apply

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 882

Next Section: Out of time applications