The Victims of Crime Assistance Tribunal (VOCAT) was established by the Victims of Crime Assistance Act 1996 (Vic) ("VOCA Act"), replacing the Crimes Compensation Tribunal (CCT). This Act applies to applications for assistance lodged after 1 July 1997 regardless of when the crime occurred (see: cl.5 of Schedule 1).
The Victims of Crime Assistance (Amendment) Act 2000 (Vic) came into operation on 1 January 2001. It applies to crimes committed on or after 1 July 2000 to 30 June 2007, and also has retrospective application for some victims of childhood sexual assault. The amending Act reinstated compensation for pain and suffering (now called "special financial assistance") to primary victims. They are no longer limited to just claiming expenses such as medical expenses and loss of earnings, as had existed since 1 July 1997.
For crimes committed on or after 1 July 2007 awards of special financial assistance are increased under the provisions of the Victims of Crime Assistance Amendment Act 2007 (Vic).
Under the 2000 amending legislation primary victims are entitled to receive special financial assistance up to a maximum of $7,500.
For crimes committed on or after 1 July 2007, under the 2007 amending legislation primary victims are entitled to receive up to a maximum of $10,000.
The amount awarded in either case will depend upon:
- the category of the act of violence or crime (as set out in regulations); and
- the extent of the "injury" or "significant adverse effect" as a result of the crime.
The other important change brought about by the 2000 amending Act is that a victim does not have to have suffered a diagnosable injury, but may also qualify for a payment for special financial assistance if they have a "significant adverse effect" as a result of the violence, for example, trauma or distress.
Where particular sections are mentioned in this chapter, they refer to the Victims of Crime Assistance Act 1996 (Vic) ("VOCA Act") unless otherwise specified.
INTRODUCTION :: Last updated: Thu Jul 1st 2010

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