Appendix B: Victim Compensation Schemes: Comparative Table Victim compensation and financial assistance schemes in Australia a comparative table1 – 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) Eligibility Primary victims, Primary victims, Primary victims, secondary victims related victims and secondary victims and related victims. homicide witnesses. and family victims. Proof/evidence of offence No charge or No charge or No charge or conviction required conviction required conviction required - question of fact - must be satisfied documentary decided on the on the balance of evidence must balance of probabilities about support that act of probabilities. any matter relevant to violence occurred application including on the balance of whether an offence probabilities. occurred. Types of crimes covered of of of ‘Act violence’. ‘Act violence’. ‘Act violence’. Violent offences Offences resulting Violent offences resulting in injury or in injury or death. resulting in injury or death. Includes Includes offences death. Specifically assault, sexual against the extends to domestic offences, stalking, person, sexual violence. child stealing and offences, kidnapping. robbery and female genital mutilation. Also includes specific violence ‘family such as offences’, property offences and breach of family Is there a requirement for Yes—‘injury’ means Yes—‘injury’ means Yes—‘injury’ means ‘injury’? violence order. actual physical physical injury, actual bodily harm, bodily harm, mental mental illness and grievous bodily illness or disorder mental disorder. But harm and and pregnancy. Can recognises broader psychological or be category of injuries psychiatric harm. adverse for family violence ‘significant for primary and sexual offences, effect’ victims claiming including unplanned special financial pregnancy, violation, assistance. reduced sense of worth, increased fear insecurity. 1 This table provides a summary of compensation and financial assistance schemes operating in each Australian State and Territoryas at May 2017. victims’ 164 This table is not intended as a comprehensive reference. The scope of the table is limited to issues relevant to the Terms of Reference. 2 In March 2017, Queensland passed the Victims of Crime Assistance and Other Legislation Amendment Act 2017 (Qld), which will amend the Victims of
Appendix B: Victim Compensation Schemes: Comparative Table Victim compensation and financial assistance schemes in Australia – a comparative table1 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) Eligibility Primary victims, secondary victims and related victims. Primary victims, related victims and homicide witnesses. Primary victims, secondary victims and family victims. Proof/evidence of offence No charge or conviction required question of fact decided on the balance of probabilities. No charge or conviction required - must be satisfied on the balance of probabilities about any matter relevant to application including whether an offence occurred. No charge or conviction required - documentary evidence must support that act of violence occurred on the balance of probabilities. Types of crimes covered ‘Act of violence’. Violent offences resulting in injury or death. Includes assault, sexual offences, stalking, child stealing and kidnapping. ‘Act of violence’. Offences resulting in injury or death. Includes offences against the person, sexual offences, robbery and female genital mutilation. Also includes specific ‘family violence offences’, such as property offences and breach of family violence order. ‘Act of violence’. Violent offences resulting in injury or death. Specifically extends to domestic violence. Is there a requirement for ‘injury’? Yes—‘injury’ means actual physical bodily harm, mental illness or disorder and pregnancy. Can be ‘significant adverse effect’ for primary victims claiming special financial assistance. Yes—‘injury’ means physical injury, mental illness and mental disorder. But recognises broader category of injuries for family violence and sexual offences, including unplanned pregnancy, violation, reduced sense of worth, increased fear insecurity. Yes—‘injury’ means actual bodily harm, grievous bodily harm and psychological or psychiatric harm. 164 1 This table provides a summary of victims’ compensation and financial assistance schemes operating in each Australian State and Territoryas at May 2017. This table is not intended as a comprehensive reference. The scope of the table is limited to issues relevant to the Terms of Reference. 2 In March 2017, Queensland passed the Victims of Crime Assistance and Other Legislation Amendment Act 2017 (Qld), which will amend the Victims of
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