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) Time limit 2 years after the act of 3 years after the act 2 years after the act violence. But time limit of violence or the day of violence or the can be extended in the child victim turns day the child victim certain circumstances, 18. But time limit can turns having regard to be extended in certain 18. But time limit is factors such as circumstances, 10 years for victims whether the offender having regard to of domestic in position of power, factors violence, child abuse influence or trust. such as whether the or sexual assault. alleged offender was in a position of power, trust or authority. 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 Decision maker/relevant agency Judicial Administrative Administrative – – – act of violence. Magistrates sitting as Victims of Crime Commissioner for members of the Commissioner (head Victims Rights (head Victims of Crime of Victim Support of Victims Services, Assistance Tribunal. ACT). No hearings. NSW Justice Hearings if applicant Department). No elects or Tribunal hearings. requires. Perpetrator notification Yes—discretionary. Yes—discretionary. Perpetrator only notified if a provisional restitution order is made. Can a failure to report to police lead to Yes—failure to Yes—failure to report Yes—must a refusal of an application? report to police in to police can lead to consider whether a reasonable a refusal of reported time application. But to police within results in mandatory reporting reasonable time. ‘special refusal, unless class can May have regard victims’ special report to other to the nature of the circumstances exist. professionals, relationship between including doctors, the victim and counsellors and perpetrator. Can also government agencies consider whether the instead. Special act of violence was reporting class victims reported to a health or include child victims, other relevant agency. victims of sexual offences and victims of an offender who was in a position of trust, influence or power. 170
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) 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. Decision maker/relevant agency Judicial – Magistrates sitting as members of the Victims of Crime Assistance Tribunal. Hearings if applicant elects or Tribunal requires. Administrative – Victims of Crime Commissioner (head of Victim Support ACT). No hearings. Administrative – Commissioner for Victims Rights (head of Victims Services, NSW Justice Department). No hearings. Perpetrator notification Yes—discretionary. Yes—discretionary. Perpetrator only notified if a provisional restitution order is made. 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. 170
VLRC_Family_Violence_and_VOCAA_consultation_paper_web.docx