The application must:

If the applicant requires urgent counselling or medical treatment, a medical or psychological report outlining this need must be attached to the application. The application will then be dealt with immediately by way of an interim award (s.56). Registrars have power to make interim awards of up to $1,000 in certain circumstances. A report from the police must be provided to VOCAT before a Registrar can make an interim award.

In the application form, related victims must provide VOCAT with details of every other person whom the applicant believes may be a related victim and of any person who may incur the funeral expenses of the primary victim (s.30). This is to ensure that all eligible victims are aware of their right to make an application and that such applications are all heard at the one time.

An application must be made within two years of the occurrence of the act of violence or, in the case of an application by a related victim or a person who has incurred funeral expenses, within two years of the death of the primary victim (s.29(1)).

However, VOCAT may accept out-of-time applications in particular circumstances, having regard to the age of the victim, whether they have an intellectual disability, the physical or psychological effect of the crime on the victim, and whether the delay would threaten the making of a fair decision by the Tribunal. If the only reason for the application being out of time was that the victim was not aware of their rights to apply to VOCAT, this will not be considered sufficient reason (s.29(4)).

On 1 July 2003, VOCAT implemented new procedures in relation to awards for counselling and psychological and psychiatric assessment. VOCAT has prepared guidelines which provide a suggested format for counselling reports which are filed in support of an applicant's request for counselling. The initial request for counselling may be for up to five hours or more than five hours. After an initial application for counselling has been approved, a further application for counselling can be made, accompanied by a report. Retrospective payment for counselling after the first five sessions will not usually be made by VOCAT unless special circumstances exist. See VOCAT's website for further details at www.vocat.vic.gov.au .

Once an application has been lodged with VOCAT, applicants will receive a letter acknowledging receipt of the application and providing instructions on what to do next. VOCAT requires that all documentation upon which the applicant intends to rely be filed within four months of the date of this letter. VOCAT must be notified in writing that the application is ready to proceed or the application may be struck out. If more time is required, a written request may be made outlining what material is still outstanding and how much time will be required to obtain it. VOCAT can then extend the time limit for filing the material.

The practice of VOCAT under the Act appears to be that, if the application is straightforward and claims for example only counselling and medical expenses, the application will be dealt with administratively on the basis of the evidence before it and without a hearing. The applicant would need to agree to this. A hearing would only take place when there is a substantive issue to determine, such as an application for loss of earnings, where there are a number of expenses being claimed, or if the applicant specifically requests a hearing of the matter (s.33).

At the hearing, the applicant and anyone else with a substantial interest in the matter is entitled to appear (s.35). This may include a member of the victim's family or a close friend. It may also include the offender, but any notification to the offender of the hearing must only be made after first giving the applicant the opportunity to be heard on whether the notification should be given and whether the offender should be entitled to attend the hearing.

An applicant may appear personally or may be represented by a barrister or solicitor or, with the leave of VOCAT, by any other representative. An officer of VOCAT may also appear at the hearing to assist the Tribunal. The hearings are open to the public unless ordered otherwise by VOCAT (s.42), but are almost always conducted as closed hearings. Applicants may apply to VOCAT to close the hearing to the public if they feel distressed or intimidated by a public hearing.

Hearings are conducted in an informal manner, with all parties being given an opportunity to give evidence. Legal representatives and witnesses may remain seated during the hearing and witnesses may have someone beside them to offer emotional support. In the few cases where the offender attends the Tribunal hearing, VOCAT may take advantage of closed-circuit television facilities or screens that allow people to give evidence away from the sight of the offender.

VOCAT can notify the alleged offender of the making of an application for assistance, where any of the following apply:

VOCAT will advise the applicant or their solicitor in writing that notification is being considered, and allow 21 days for a response. If an objection to the notification is lodged, the Tribunal Member will consider all relevant matters and make a decision as to whether the alleged offender will be notified.

If VOCAT decides to notify the alleged offender, they will be sent a letter by registered mail. If no response is received from the alleged offender after 14 days, the application will be listed and the applicant will be advised that the alleged offender will not be attending the hearing. If the alleged offender elects to participate in the hearing, the application will be listed for a directions hearing.

VOCAT is obliged to act fairly, expeditiously and according to the merits of the case (s.32). Questions of fact are decided by VOCAT on the balance of probabilities (s.31).

VOCAT usually relies on documentary evidence when making a determination. Applicants should provide VOCAT with all relevant documentary evidence to support their application. In a loss-of-earnings application, the Tribunal may wish to see previous taxation returns, statements of loss of income, employment records or business financial reports. In an application for medical expenses, it will require medical reports, hospital records and medical invoices and accounts. All expenses or potential expenses must be able to be substantiated by the applicant with invoices or receipts.

VOCAT will also rely on the police file, which may include witness statements to police, a summary of the offence and police observations. If required, VOCAT will generally make this file available to the applicant or the applicant's legal representative.

In considering an application, VOCAT has the power to initiate an inquiry or investigation (s.39). It may also require the preparation and submission to the Tribunal of a medical report or counselling report. If this is not agreed to by the applicant, the application may be adjourned or refused. Similarly, VOCAT may require the applicant within a specified period to provide an additional statement containing the particulars of matters specified by the Tribunal.

VOCAT must notify the applicant of its decision (s.33), including details of:

Victims are entitled to apply to VOCAT to vary an existing award made by the Tribunal. These applications could seek further counselling, medical treatment or other expenses. Applications for variation are often made for continuing dental treatment. An award can be varied up to six years from the date of the original award or, where the applicant was under 18 years at the time of the making of the original award, until the applicant turns 24.

An application for variation must be made in writing to VOCAT with supporting material. The request must demonstrate the link between the criminal act and the need for the further assistance. These applications are usually determined by a Tribunal Member on the documents supplied without the need for a hearing. However, they may be listed for a short hearing where the application is complicated.

Lawyers are only able to recover their costs if allowed to by VOCAT, and are usually paid by VOCAT for their reasonable costs and expenses. Lawyers' fees can be paid by VOCAT even where the application is refused. However, the question of costs is entirely at the discretion of the Tribunal (s.48).

An application for review of a final decision of the Tribunal may be made to the General Division of the Victorian Civil and Administrative Tribunal, (see: Chapter 21*3 Administrative Appeals Tribunals) within 28 days of the final decision or reasons for the decision, if that decision (s.59):