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) Yes, if they are a series of offences ought not to be. But Are related criminal acts treated as a likely to form a is a of a higher single criminal act? ‘circumstance ‘recognition single ongoing which is available aggravation’, payment’ offence or if can result in a for a series of Yes, unless in the circumstances they ought not to be. assistance would higher related But a higher maximum award of ‘special be disproportionate criminal acts in ‘recognition payment’. financial is available for a series of related assistance’ if treated separately. certain criminal acts in certain circumstances. Notice must be given circumstances. Yes, unless in the to the applicant. But circumstances they 2 years after the extended if primary Time limit 2 years after the act of act of violence or victim subsequently violence. But time limit the day the child dies as a direct result can be extended in victim turns of the act of violence. certain circumstances, 18. But time limit is having regard to 10 years for victims factors such as of domestic whether the offender violence, child in position of power, abuse or sexual influence or trust. assault. 3 years after the act of violence or the day the child victim turns 18. But time limit can be extended in certain circumstances, having regard to No time limit for a factors child victim of a such as whether the alleged offender was sexual offence. Time in a position of power, trust or authority. limit can also be professionals, who was in a to the nature of the Can a failure to report to police lead including doctors, position of trust, relationship between to a refusal of an application? counsellors and influence or power. the victim and government perpetrator. Can also Yes—failure to report to police in a reasonable time agencies instead. consider whether the results in mandatory refusal, unless special Yes—must Special reporting act of violence was circumstances exist. consider whether class victims include reported to a health reported child victims, victims or other relevant to police within of sexual offences agency. Yes—failure to report to police can lead to a refusal reasonable time. and victims of application. But May have regard of an offender reporting class can report to other ‘special victims’ 230
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) Are related criminal acts treated as a single criminal act? Yes, unless in the circumstances they ought not to be. But a 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. Time limit 2 years after the act of violence. But time limit can be extended in certain circumstances, having regard to factors such as whether the offender in position of power, influence or trust. 3 years after the act of violence or the day the child victim turns 18. But time limit can be extended in certain circumstances, having regard to factors such as whether the alleged offender was in a position of power, trust or authority. 2 years after the act of violence or the day the child victim turns 18. But time limit is 10 years for victims of domestic violence, child abuse or sexual assault. No time limit for a child victim of a sexual offence. Time limit can also be extended if primary victim subsequently dies as a direct result of the act of violence. Can a failure to report to police lead to a refusal of an application? Yes—failure to report to police in a reasonable time results in mandatory refusal, unless special circumstances exist. Yes—failure to report to police can lead to a refusal of application. But ‘special reporting class victims’ can report to other professionals, including doctors, counsellors and government agencies instead. Special reporting class victims include child victims, victims of sexual offences and victims of an offender who was in a position of trust, influence or power. Yes—must consider whether reported to police within reasonable time. May have regard to the nature of the relationship between the victim and perpetrator. Can also consider whether the act of violence was reported to a health or other relevant agency. 230
VLRC_Victims_of_Crime_Assistance_Act_Supplementary_Consultation_Paper.docx