What is an ‘injury’?

A primary or secondary victim must prove that they suffered an ‘injury’ as a direct result of an act of violence. Injury is defined in section 3(1) to be:

• actual physical harm;

• psychological or psychiatric harm;

• an exacerbation of a pre-existing injury of physical, psychological or psychiatric harm;

• any combination of these; or

• trauma.

The injury cannot arise from loss of or damage to property (FAS Act s 3).

Trauma is further defined in section 3(3) as being able to be established if the FAS is satisfied, on the basis of medical or psychological evidence, that treatment or counselling is required as a result of the trauma.

Part 10.2 of the FAS Guidelines recommends what evidence may be provided to establish injury, which includes medical reports or letters, hospital records, photographs, etc. Part 10.3 addresses how to show ‘exacerbation’ of a pre-existing injury.

Legal remedies available

Chapter: 10.6: Assistance for victims of crime

Contributor: Marita Ham, Barrister

Current as of: 18 November 2024

Law Handbook Page: 878

Next Section: Categories of victim