Victoria ACT NSW Legislation Victims of Crime Victims of Crime Rights Victims’ Assistance Act (Financial and Support Act 1996 (VIC) Assistance) Act 2013 (NSW) 2016 (ACT) Is family violence specifically No, but consideration Yes. of Yes, must have ‘Act recognised under the Act? of whether alleged includes regard to family violence’ offender was in a violence violence when ‘family position of power, considering whether offences’ influence or trust in and the Act expressly the victim failed to some circumstances. recognises family take reasonable violence-related steps to mitigate the injuries including extent unplanned of an injury. Different pregnancy, violation, time limits also reduced sense of apply for lodging an and increased application for family fear/ insecurity. violence. Is family violence defined? No. Yes sets out a Yes defined as – – range of family an act that violence offences, occurred in the including arson, commission of property damage, a personal violence burglary, offences offence (within the involving firearms, meaning of the driving offences and Crimes (Domestic and breach of family Personal violence protection Violence) Act order. 2007 166
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) Is family violence specifically recognised under the Act? No, but consideration of whether alleged offender was in a position of power, influence or trust in some circumstances. Yes. ‘Act of violence’ includes ‘family violence offences’ and the Act expressly recognises family violence-related injuries including unplanned pregnancy, violation, reduced sense of and increased fear/ insecurity. Yes, must have regard to family violence when considering whether the victim failed to take reasonable steps to mitigate the extent of an injury. Different time limits also apply for lodging an application for family violence. Is family violence defined? No. Yes – sets out a range of family violence offences, including arson, property damage, burglary, offences involving firearms, driving offences and breach of family violence protection order. Yes – defined as an act that occurred in the commission of a personal violence offence (within the meaning of the Crimes (Domestic and Personal Violence) Act 2007 166
VLRC_Family_Violence_and_VOCAA_consultation_paper_web.docx