ASSISTANCE FOR VICTIMS OF CRIME

If you have been a victim of crime the Victorian Government provides mechanisms for support and compensation.

The Department of Justice has comprehensive resources on its webs site including A Victim's Guide to Support Services and the Criminal Justice System. The main page to access information is:

www.justice.vic.gov.au/wps/wcm/myconnect/DOJ+Internet/Home/Victims/

A victim of crime is a person who has suffered physical or emotional injury, or financial loss because of a crime. Victims of crime may have:

been injured in a violent attack;
experienced a sexual assault; or
been the subject of a robbery

Crime often affects more than just the direct victim, with witnesses to a crime and family members of a person injured or killed also affected.

If you have been a victim of crime you can apply to the Victims of Crime Assistance Tribunal (VOCAT) for compensation. There are three prerequisites to applying for compensation.

There must have been an act of violence committed in Victoria.
The victim must have suffered an injury.
The act of violence must be reported in reasonable time to the police.

There are also various categories of victim: the amount and type of compensation will depend on the category.

A primary victim is a person who is injured or dies as a direct result of the act of violence committed against them. This includes a person who is injured or killed while carrying out an arrest or trying to prevent the commission of a crime or who tries to aid or rescue another from an act of violence.

A secondary victim is a person who is present at the scene of an act of violence and who is injured (whether physically or psychologically by way of, for example, post-traumatic stress disorder) as a direct result of witnessing that act. A secondary victim also includes a person who subsequently becomes aware of the act of violence, but that person must be the parent or guardian of a primary victim who was under 18 years old at the time the act of violence was committed.

A related victim applies only where the primary victim has died as a direct result of an act of violence. Here, a related victim is a person who at the time of the act of violence was a close family member, a dependant or a person who had an intimate personal relationship with the deceased primary victim.

The following options for assistance are available for victims of acts of violence.

Victims of Crime Assistance Tribunal: Makes awards of financial assistance to victims of acts of violence, including financial assistance for loss of earnings, the cost of long-term counselling, special financial assistance, medical and funeral expenses.
Civil proceedings: Issuing civil proceedings against the offender for damages in respect of injuries or death of the victim.
Application to court against offender: Application to court for an order that the offender pay compensation to the victim for pain and suffering, counselling, medical expenses and other expenses.

Victims Support Agency

The Victims Support Agency (VSA) is responsible for co-ordinating services for victims of crime. The role of the VSA is to bring together key stakeholders to learn, exchange information and work together to assist victims to recover from the impact of crime. VSA will hold forums and conferences on victim-related issues. (For VSA contact details see: "Contacts", at the end of this chapter.)

Victims of Crime Helpline

Victims of crime can call a dedicated Helpline staffed by trained Victim Support Officers. The Helpline staff offer information, advice and referrals, to assist victims manage and recover from the effects of crime. Helpline staff can explain the options available to victims of crime to help with their recovery. Available support includes:

information on how to access the justice system;
referral to local and regional services which can provide practical assistance and support; and
information on how to access counselling.

Helpline staff can refer callers to the most appropriate support agency to meet their needs. Sometimes a victim may prefer the Helpline officer to contact another agency on their behalf.

Victims of Crime Helpline: 1800 819 817 (toll free)

Hours: Monday to Friday 8.30 am–5 pm

VSA staff speak a number of community languages and an interpreter service is also available. Assistance to victims of crime with disabilities is available either directly or through their carers.

Victims Assistance Programs

The VSA funds a network of Victims Assistance Programs (VAPs) throughout metropolitan and regional Victoria, which are located in community agencies.

These programs provide immediate crisis response to victims of crime both in person and by telephone. Outreach services, practical support, court support, referral and coordination of specialist support groups are provided by VAP workers in response to individual needs. Access to short-term counselling is also available through the VAP network.

Victims of Crime Assistance Tribunal

The role of the Victims of Crime Assistance Tribunal (VOCAT) is to consider applications for financial assistance from victims of violent crime. The Tribunal operates from most Magistrates' Courts and applications must be lodged at the court closest to where the victim lives. The Principal Registry of the Tribunal, at Melbourne Magistrates' Court, is located at:

Victims of Crime Assistance Tribunal (VOCAT)

2nd Floor, 233 William Street

Melbourne Vic 3000

Postal address:

GPO Box 882G

Melbourne Vic 3001

Tel: 9628 7855; 1800 882 752 (toll free)

Fax: 9628 7853

Web: www.vocat.vic.gov.au

Tribunals also operate in most major country Magistrates' Courts.

Summary of assistance

VOCAT provides the following assistance to help victims recover from criminal acts:

awards of financial assistance which cover medical expenses and reasonable counselling expenses incurred by victims;
in exceptional circumstances, awards of financial assistance for reasonable expenses incurred by victims to assist recovery from an act of violence;
awards of up to $60,000 financial assistance for "primary" victims, including up to $20,000 for loss of earnings;
awards of up to $7,500 in special financial assistance for primary victim of crimes that occurred after 1 July 2000 up to 30 June 2007, and up to $10,000 for crimes that occurred on or after 1 July 2007, depending on the category of the act of violence;
awards of up to $50,000 for "secondary" and "related" victims; and
financial assistance to a relative, where the victim dies as a result of the criminal act.