On 18 November 2024, the new Financial Assistance Scheme (FAS) will commence in Victoria, replacing the previous Victims of Crime Assistance Tribunal (VOCAT). The new scheme was conceptualised in 2022 when the Victorian Parliament introduced a Bill to replace VOCAT with a non-judicial model of assistance. The Bill was passed as the Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic).
What is the Financial Assistance Scheme?
The Financial Assistance Scheme offers vital support to victims of violent crime, helping them recover from their experiences. This program covers essential costs such as counselling, medical expenses, lost earnings, and other recovery-related expenses.
Victims can apply for financial assistance online, avoiding the need to attend court or confront those involved in the crime. The scheme provides up to $50,000 or $60,000, with some applicants potentially eligible for an additional $25,000 based on specific criteria. To complete their application, victims must submit supporting documents to validate their request for assistance.
How Does the FAS Differ from VOCAT?
The FAS aims to enhance support for victims through a range of changes. Some of the key differences are:
- Increasing the amount of time that victims have to make an application, from two years to three years
- Extending the amount of time to file supporting documentation, from three months to six months
- Introducing an ability for the victim to have their experience recognised at a victim recognition meeting
- Requiring the decision maker in an application to provide reasons for their decision
- Requiring the decision maker to provide a statement to the victim to acknowledge the effects of the crime and to express condolences on behalf of the State of Victoria.
What Do Victims of Crime Need to Know to Seek Compensation and Assistance?
If you’re a victim of crime with a current application at VOCAT, you will need to move your application to FAS once it opens on 18 November 2024. To do this, victims should cancel their existing application and reapply to the FAS. You can also withdraw an existing application if VOCAT has not made a decision.
If you have received an interim decision or interim funds from VOCAT, you cannot reapply to the FAS in some circumstances. If you withdraw your application from VOCAT after FAS opens, you cannot apply to the FAS and VOCAT may not finalise your application. Victims are encouraged to withdraw their VOCAT applications before FAS opens.
Once FAS opens, victims of crime can no longer apply to VOCAT or make any applications to change their application.
All victims of crime with an application at VOCAT or those considering making an application are encouraged to contact a lawyer for professional advice.
What Happens if You’re a Victim of Crime Receiving Compensation Through VOCAT?
If your application for victims of crime compensation has already been decided by VOCAT and you are receiving payment, you will continue to receive these payments after 18 November. Prior to FAS opening, you can continue to request payment through VOCAT for authorised future expenses.
After 18 November, you will need to request payment from the FAS for authorised future expenses that VOCAT has awarded. Victims of crime are encouraged to work with their legal representative to ensure they are continuing to receive the payments they are entitled to.
For further information, feel free to reach out to the team. We’re happy to answer any questions you might have.
