Transitioning to the Financial Assistance Scheme

Since the commencement of the FAS, all new applications must be made under the FAS, and not to the VOCAT scheme (FAS Act s 84).

Applicants cannot apply to the FAS if they have already received a final award from VOCAT or had their VOCAT application refused.

Applications filed with VOCAT (which have not been withdrawn or struck out) will continue to be managed by VOCAT in the usual manner until finalisation.

Applications with VOCAT may be withdrawn and a fresh application made under the FAS, but only if no interim award (excluding legal fees) has been made (s 75(2)). Any such application to the FAS must satisfy the eligibility requirements under that scheme, such as time limit requirements.

Applications with VOCAT that have received an interim award (excluding legal fees) cannot be withdrawn from VOCAT and applied for under the FAS. If these applications are withdrawn from VOCAT they are ineligible under the FAS and may not be able to be reinstated with VOCAT.

Applications finalised by VOCAT with authorised future expenses must be followed up with the FAS, and not VOCAT.

Transitioning to the Financial Assistance Scheme

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 876

Next Section: Who may apply to the Financial Assistance Scheme?