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) Categories of awards for primary Counselling, medical Financial assistance Counselling, victims expenses, loss of for immediate needs financial assistance earnings, and economic loss. for immediate needs loss/damage to Can also be awarded a in order to secure clothing worn safety/ health/ ‘recognition payment’, victim’s at the time, safety- which is a lump sum well-being, and related expenses that varies according financial assistance and, in exceptional to the type of offence. for economic loss. circumstances, Can also be awarded expenses to assist a in recovery. Can ‘recognition payment’, also be awarded which is a lump sum financial that varies according ‘special to the type of offence. assistance’, which is a lump sum Expressly excludes that varies property loss/ according damage. to the type of offence. Expressly excludes property loss/ damage. Quantum of awards for primary victims $60,000 plus $10,000 Total maximum of A maximum of $5,000 maximum amount financial $50,000. Includes a for immediate needs, – ‘special Includes maximum of $10,000 $5,500 for counselling assistance’. a maximum of for immediate needs, services, $30,000 for $20,000 for loss of $30,000 for loss economic loss, and a earnings. of earnings and ‘recognition payment’ a of up to $10,000. ‘recognition payment’ of up to $26,250. But for a primary victim of a violence ‘domestic only, the offence’ total maximum award is $10,000. These amounts are subject to indexation. Are related criminal acts treated as a Yes, unless in the Yes, if they are Yes, unless in the single criminal act? circumstances they likely to form a circumstances they ought not to be. But single ongoing ought not to be. But higher maximum offence or if a higher ‘recognition award of assistance would is ‘special payment’ financial is be disproportionate available for a series assistance’ available for a series if treated separately. of related of related criminal Notice must be criminal acts in acts in certain given to the certain circumstances. applicant. But a circumstances. series of offences is a of ‘circumstance which aggravation’, can result in a higher ‘recognition payment’. 168
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) Categories of awards for primary victims Counselling, medical expenses, loss of earnings, loss/damage to clothing worn at the time, safety- related expenses and, in exceptional circumstances, expenses to assist in recovery. Can also be awarded ‘special financial assistance’, which is a lump sum that varies according to the type of offence. Expressly excludes property loss/ damage. Financial assistance for immediate needs and economic loss. Can also be awarded a ‘recognition payment’, which is a lump sum that varies according to the type of offence. Counselling, financial assistance for immediate needs in order to secure victim’s safety/ health/ well-being, and financial assistance for economic loss. Can also be awarded a ‘recognition payment’, which is a lump sum that varies according to the type of offence. Expressly excludes property loss/ damage. Quantum of awards for primary victims – maximum amount $60,000 plus $10,000 ‘special financial assistance’. Includes a maximum of $20,000 for loss of earnings. Total maximum of $50,000. Includes a maximum of $10,000 for immediate needs, $30,000 for loss of earnings and a ‘recognition payment’ of up to $26,250. But for a primary victim of a ‘domestic violence offence’ only, the total maximum award is $10,000. These amounts are subject to indexation. A maximum of $5,000 for immediate needs, $5,500 for counselling services, $30,000 for economic loss, and a ‘recognition payment’ of up to $10,000. Are related criminal acts treated as a single criminal act? Yes, unless in the circumstances they ought not to be. But higher maximum award of ‘special financial assistance’ is available for a series of related criminal acts in certain circumstances. Yes, if they are likely to form a single ongoing offence or if assistance would be disproportionate if treated separately. Notice must be given to the applicant. But a series of offences is a ‘circumstance of aggravation’, which can result in a higher ‘recognition payment’. Yes, unless in the circumstances they ought not to be. But a higher ‘recognition payment’ is available for a series of related criminal acts in certain circumstances. 168
VLRC_Family_Violence_and_VOCAA_consultation_paper_web.docx