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

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Transitioning to the Financial Assistance Scheme

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How to apply to the Financial Assistance Scheme