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) Can a failure to assist/co-operate Yes—failure to Yes—mandatory Yes—in determining with Police lead to a refusal of an assist police results refusal if applicant whether or not to application? in mandatory has unreasonably grant the application/ refusal, unless failed the amount of the special to give assistance award, circumstances exist. to police. Commissioner must have regard to failure to assist police. Can an character/behaviour Yes—in determining Yes—award must be Yes—must consider applicant’s /contributory conduct lead to refusal of whether or not to reduced if applicant any behaviour an application? make an award, contributed to the (including past must consider the injury or failed to criminal behaviour) or mitigate extent of the whether victim applicant’s character/ behaviour injury. contributed/ (including past encouraged/ assisted criminal behaviour) offence or whether as well victim failed to as whether the mitigate injury (i.e. by applicant or not seeking medical ‘provoked’ contributed to injury. treatment). But can Mandatory refusal if consider dynamics the application is of sexual assault/ made in collusion with domestic violence in the alleged offender. relation to mitigation of injury. Can an award be refused on the basis a Yes—must consider No. No. But in making a perpetrator may benefit? whether alleged decision as to whom perpetrator will benefit the assistance either directly or should be paid, must indirectly. have regard to whether alleged offender may benefit from the payment. 172
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) Can a failure to assist/co-operate with Police lead to a refusal of an application? Yes—failure to assist police results in mandatory refusal, unless special circumstances exist. Yes—mandatory refusal if applicant has unreasonably failed to give assistance to police. Yes—in determining whether or not to grant the application/ the amount of the award, Commissioner must have regard to failure to assist police. Can an applicant’s character/behaviour /contributory conduct lead to refusal of an application? Yes—in determining whether or not to make an award, must consider the applicant’s character/ behaviour (including past criminal behaviour) as well as whether the applicant ‘provoked’ or contributed to injury. Mandatory refusal if the application is made in collusion with the alleged offender. Yes—award must be reduced if applicant contributed to the injury or failed to mitigate extent of the injury. Yes—must consider any behaviour (including past criminal behaviour) or whether victim contributed/ encouraged/ assisted offence or whether victim failed to mitigate injury (i.e. by not seeking medical treatment). But can consider dynamics of sexual assault/ domestic violence in relation to mitigation of injury. Can an award be refused on the basis a perpetrator may benefit? Yes—must consider whether alleged perpetrator will benefit either directly or indirectly. No. No. But in making a decision as to whom the assistance should be paid, must have regard to whether alleged offender may benefit from the payment. 172
VLRC_Family_Violence_and_VOCAA_consultation_paper_web.docx