Variations of Victims of Crime Assistance Tribunal awards

Applicants who received an award under the VOCA Act must now apply to the FAS for variations. Such applications must be made within six years from the date of the award; or if the person was under 18 years of age when the award was originally made, up until the applicant turns 24 years of age (FAS Act ss 74(1), (2); FAS Guidelines pt 4).

In considering variation applications, the FAS must take into account anything it considers relevant, including any fresh evidence or change in circumstances since the last award was made or last varied; and any payments received or payable to the applicant since the award was made or last varied (s 74(5)).

The FAS must decide if the application is for a ‘minor’ or ‘substantive’ variation. Minor variation(s) may be made more than once, but a substantive variation may only be made once (s 74(3)). A minor variation is defined as an award to ‘give effect to the original intention of the award’. A substantive variation is defined as anything other than a minor variation (s 74(9)).

Part 24.2 of the FAS Guidelines clarifies that minor variations are where the same type of assistance is sought as has already been granted; for example, counselling or other assistance, or changing a service provider. By contrast, substantive variations are where a completely new type of assistance is sought; for example, where an applicant discovers the offender has moved closer to their home, so the applicant now seeks CCTV cameras when these were not previously awarded. Given the broad definition of substantive variation, multiple types of further assistance could be sought.

Variations of Victims of Crime Assistance Tribunal awards

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 875

Next Section: Variations of Financial Assistance Scheme awards