The Victims of Crime Assistance Tribunal (VOCAT) may award a victim up to $60,000 for expenses or loss of earnings incurred as a result of a sexual assault. This may include money for expenses for counselling and medical expenses, and up to $20,000 for loss of earnings. There may also be compensation for loss of or damage to clothing or potentially for:

In addition, "secondary victims" of sexual assault, such as a partner or the parents of a victim, can make application for compensation and receive up to $50,000 for expenses incurred for counselling or medical expenses and, in exceptional circumstances, up to $20,000 for loss of earnings.

Primary victims of sexual assault, depending on when they were injured and reported the offence, are able to be awarded up to $10,000 for pain and suffering as a result of new legislation that came into force on 1 January 2001.

Although an application should be made within two years of the injury occurring, the VOCAT may accept special reasons for a later application. Application forms are available at a local CASA or from VOCAT, or they can be sent out to you (see: "Contacts" at the end of this chapter for address details).

The application will need to include evidence to prove that the crime occurred, receipts of expenses incurred, medical reports, and any other documents or information that will help the VOCAT to make an appropriate award. If the claim is successful, the VOCAT will also reimburse the claimant for the costs of legal assistance in making the claim. It will also usually reimburse a claimant for the costs of a professional report to establish the need for ongoing counselling.

The VOCAT hearing is held at a Magistrates' Court. The hearing is held in private and is usually fairly informal. The offender will not usually be there, and a victim can take a solicitor, a friend or a counsellor for support.

However, the VOCAT may notify the alleged offender of the proceedings where there has been no conviction. If required, special arrangements can be made for a victim's privacy when the alleged offender is likely to be present.

A victim who indicates that he or she does not wish to attend the hearing will be notified by mail of the VOCAT's decision.

The VOCAT member will usually let the applicant know what they wish to know about the crime, and give him or her an opportunity to describe the consequences of the assault.

Interpreting services are available for those whose preferred language is not English. Although the responsibility for providing an interpreter lies with the VOCAT, the advocate can ensure that this occurs.

If you were refused an award or are not satisfied with the award that was granted, you can appeal the decision within 28 days of the decision. Appeals are made to the Victorian Civil and Administrative Tribunal (see: Chapter 21*3 Administrative Appeals Tribunals for further information).