Appendix B: Victim compensation schemes in Australia—Comparative table1 Victoria ACT NSW Victims of Crime Legislation Victims of Crime (Financial Assistance Act Victims Rights Assistance) Act 1996 (Vic) and Support Act 2016 (ACT) 2013 (NSW) Primary victims, Eligibility Primary victims, related victims and secondary victims Primary victims, homicide and related victims. secondary victims witnesses. and family victims. any matter relevant evidence must Proof/evidence of offence No charge or to application support that act of conviction required— including whether an violence occurred question of offence occurred. on the balance of fact decided on probabilities. the balance of probabilities. No charge or conviction required— No charge or conviction required— must be satisfied documentary on the balance of probabilities about pregnancy, violation, of Types of crimes covered ‘Act violence’. reduced sense of Violent offences of ‘Act violence’. increased fear resulting in injury Offences resulting insecurity. or death. Includes in injury or death. assault, sexual Includes offences offences, stalking, against the of ‘Act violence’. child stealing and person, sexual Violent offences kidnapping. offences, resulting in injury or robbery and female death. Specifically genital mutilation. extends to domestic Also includes violence. specific violence ‘family such as offences’, property offences Is there a requirement for Yes—‘injury’ means ‘injury’? and breach of family actual physical violence order. bodily harm, mental illness or disorder Yes—‘injury’ means and pregnancy. Can physical injury, be mental illness and Yes—‘injury’ means ‘significant mental disorder. actual bodily harm, adverse for effect’ But recognises grievous bodily harm primary victims further injuries for and psychological or claiming special family violence and psychiatric harm. financial sexual offences, assistance. including unplanned
Appendix B: Victim compensation schemes in Australia—Comparative table1 Victoria ACT NSW Legislation Victims of Crime Assistance Act 1996 (Vic) Victims of Crime (Financial Assistance) Act 2016 (ACT) Victims Rights and Support Act 2013 (NSW) Eligibility Primary victims, secondary victims and related victims. Primary victims, related victims and homicide witnesses. Primary victims, secondary victims and family victims. Proof/evidence of offence No charge or conviction required— question of fact decided on the balance of probabilities. No charge or conviction required— must be satisfied on the balance of probabilities about any matter relevant to application including whether an offence occurred. No charge or conviction required— documentary evidence must support that act of violence occurred on the balance of probabilities. Types of crimes covered ‘Act of violence’. Violent offences resulting in injury or death. Includes assault, sexual offences, stalking, child stealing and kidnapping. Is there a requirement for ‘injury’? Yes—‘injury’ means actual physical bodily harm, mental illness or disorder and pregnancy. Can be ‘significant adverse effect’ for primary victims claiming special financial assistance. ‘Act of violence’. Offences resulting in injury or death. Includes offences against the person, sexual offences, robbery and female genital mutilation. Also includes specific ‘family violence offences’, such as property offences and breach of family violence order. Yes—‘injury’ means physical injury, mental illness and mental disorder. But recognises further injuries for family violence and sexual offences, including unplanned pregnancy, violation, reduced sense of increased fear insecurity. ‘Act of violence’. Violent offences resulting in injury or death. Specifically extends to domestic violence. Yes—‘injury’ means actual bodily harm, grievous bodily harm and psychological or psychiatric harm.