Compensation for family violence survivors
TRIGGER WARNING: Please note this chapter (and pages it links to) contains information about family violence that may be triggering to family violence survivors.
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If a person who has experienced family violence has suffered substantial injury (usually serious physical injury), it is possible to institute civil proceedings for damages against the perpetrator in the state courts. However, this is a costly, lengthy and risky process that requires expert legal advice. Also, time limits may apply for initiating civil proceedings.
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The most accessible source of monetary assistance is from the Financial Assistance Scheme (FAS) which operates in the Magistrates’ Court. (see FAS in ‘Contacts’ at the end of this chapter).
FAS provides assistance to those who have experienced violent crime committed in Victoria. FAS assists people for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime (e.g. medical, safety-related and funeral expenses, and lost earnings).
There are different prescribed categories of ‘victim’ and different types of benefits and entitlements that can be claimed. For example, a person who has experienced family violence can seek compensation for expenses, and also special financial assistance for pain and suffering. This is a complicated area and it is important to obtain legal advice. (See Chapter 10.6: Assistance for victims of crime.)
Note that the new FAS established under the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) replaced the Victims of Crime Assistance Tribunal from November 2024 so it is essential to keep abreast of developments. The Victims Legal Service at Victoria Legal Aid may assist (see ‘Contacts’).
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Under section 85B of the Sentencing Act 1991 (Vic), it is possible to obtain an order for compensation against the perpetrator in a state court if they are found guilty or convicted of a criminal offence. Time limits apply. You should seek legal advice about this course of action.
Compensation for family violence survivors
Chapter: 4.4: Family violence
Contributor: Dr Renata Alexander, Barrister
Current as of: 1 September 2024
Law Handbook Page: 265
Next Section: Support for family violence survivors
