Who may apply to the Financial Assistance Scheme?
A person may apply for financial assistance if an ‘act of violence’ was committed against them and they have suffered a mental or physical injury (as defined in FAS Act ss 3, 3(1))) as a direct result of that act of violence.
The applicant must fall within one of the definitions of a ‘primary’, ‘secondary’ or ‘related’ victim or have incurred funeral expenses as a direct result of the death of a primary victim.
A person may apply under the FAS even if the act of violence occurred prior to the commencement date of the FAS Act (subject to time limits: see ss 23, 24) unless they have received an award under the VOCA Act or a previous Act, or their VOCAT application was refused under the VOCA Act (s 75(1)).
A person may apply to FAS even if no-one has been charged with or found guilty or convicted of an offence (s 34(5)).
Who may apply 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: 877
Next Section: How to apply to the Financial Assistance Scheme