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) to police. application/ the Can a failure to assist/ co-operate amount of the award, with Police lead to a refusal of an Yes—mandatory Commissioner must application? refusal if applicant Yes—in have regard to failure has unreasonably determining to assist police. failed whether or not to Yes—failure to assist police results in mandatory to give assistance grant the refusal, unless special circumstances exist. death or whether Can an contributory applicant’s victim failed to conduct lead to refusal of an Yes—award must Yes—must mitigate injury (ie by application? be reduced if consider whether not seeking medical applicant victim contributed/ treatment). But can contributed to the encouraged/ Yes—in determining whether or not to make an consider dynamics injury, participated assisted the act of award, must consider of sexual assault/ in or assisted in violence, any whether the applicant domestic violence in the act of violence, behaviour the act of violence, any condition/ ‘provoked’ relation to mitigation encouraged (including past disposition of the applicant that contributed to of injury. someone else to criminal behaviour) injury/ death or whether assist in the act of if it directly or the perpetrator will benefit from the award. violence or failed to indirectly Mandatory refusal if the application is made in mitigate extent of the contributed to the collusion with the alleged offender. injury. injury/ applicant’s behaviour (including past criminal behaviour) or Can an character/ Yes—in applicant’s attitude of the applicant any ‘at time’. behaviour lead to refusal of an determining whether or not to application where it did not No. No. make an award, contribute (either directly or indirectly) to the act of violence or must consider the injury/ death? character, applicant’s Perpetrator notification Yes—discretionary. Yes—discretionary. Perpetrator only notified if a provisional restitution order is made. 232
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 contributory conduct lead to refusal of an application? Yes—in determining whether or not to make an award, must consider whether the applicant ‘provoked’ the act of violence, any condition/ disposition of the applicant that contributed to injury/ death or whether the perpetrator will benefit from the award. Mandatory refusal if the application is made in collusion with the alleged offender. Yes—award must be reduced if applicant contributed to the injury, participated in or assisted in the act of violence, encouraged someone else to assist in the act of violence or failed to mitigate extent of the injury. Yes—must consider whether victim contributed/ encouraged/ assisted the act of violence, any behaviour (including past criminal behaviour) if it directly or indirectly contributed to the applicant’s injury/ death or whether victim failed to mitigate injury (ie by not seeking medical treatment). But can consider dynamics of sexual assault/ domestic violence in relation to mitigation of injury. Can an applicant’s character/ behaviour lead to refusal of an application where it did not contribute (either directly or indirectly) to the act of violence or injury/ death? Yes—in determining whether or not to make an award, must consider the applicant’s character, behaviour (including past criminal behaviour) or attitude of the applicant ‘at any time’. No. No. Perpetrator notification Yes—discretionary. Yes—discretionary. Perpetrator only notified if a provisional restitution order is made. 232
VLRC_Victims_of_Crime_Assistance_Act_Supplementary_Consultation_Paper.docx