Victims Compensation and Counselling

If you have been the victim of an act of violence in New South Wales, you may be eligible to receive monetary compensation and/or free counselling. Counselling and compensation may also be available to the witnesses of acts of violence, parents of child victims and family members of a deceased victim.

Victims Compensation and Counselling are separate to any criminal charges against an offender, and may be available even if the offender isn't caught, isn't charged, or is charged but found not guilty.

If you have been the victim of an act of violence we strongly recommend that you obtain legal advice as soon as possible, as there are time limits that may prevent you from taking action later if you delay.

Act of Violence

Most of us have a general idea about what an act of violence is, however some acts of violence, such as stalking or intimidation, may seem less obvious than others. If in doubt contact a victims support line or a solicitor.

Examples of acts of violence include:

		Sexual Assault;
		Indecent Assault;
		Domestic violence, including stalking and intimidation; and
		Assault with or without a weapon.

Who is eligible to claim Victims Compensation?

Three categories of victims of violence may be eligible to receive compensation:

1.		A primary victim is a person who has suffered a "compensable injury" (see below):
		as a direct result of an act of violence; or   while trying to prevent someone from committing an act of violence; or   while trying to arrest someone who has committed an act of violence; or   while trying to help someone who is threatened by an act of violence.
2.		A secondary victim is a person:
		who has sustained a "compensable injury" as a direct result of witnessing an act of violence; or   who is the parent or guardian of a primary victim; and       did not commit the act of violence;   has sustained a "compensable injury" after becoming aware of an act of violence against the primary victim;   the primary victim was under 18 at the time of the act of violence.
3.		A family victim is an immediate family member of a primary victim, where the primary victim has died as a result of the act of violence. This does not include grandparents of the victim.
		Please note there is no need to prove that a family victim has suffered a compensable injury.

Injury

To be eligible for victims compensation you must have suffered an injury as a result of the act of violence, and the injury must be on the list of compensable injuries set out in the Victims Support and Rehabilitation Act 1996 NSW or similar to an act or injury with symptoms or disability lasting at least six months.

For each injury on the list there is a set amount of compensation.

Bruising and soft tissue injuries are not on the list of compensable injuries, and compensation is only available for psychological or psychiatric injuries if the victim has developed a severely disabling condition or has been the victim of kidnapping or armed robbery. There are special provisions for people who have been physically or psychologically injured as a result of sexual assault or domestic violence.

You can be compensated for up to 3 injuries. The Act sets out a formula for calculating the amount for each successive injury as follows:

		100% of the standard amount for the most serious injury;
		10% of the standard amount for the second most serious injury;
		5% of the standard amount for the third most serious injury.

Sexual Assault covers a range of offences of a sexual nature and is not limited to offences involving sexual intercourse.

Domestic Violence can mean an act of violence committed by :

		Someone who has been your spouse or de facto partner;
		A person you have had an intimate personal relationship with, sexual or otherwise;
		A person you have lived within the same household or other residential facility;
		A person you have been dependent upon on an ongoing basis as a paid or unpaid carer;
		A relative.

If you are the victim of a sexual assault or domestic violence and wish to claim compensation, we recommend you obtain legal advice as soon as possible.

Maximum and minimum amounts of Compensation

The maximum amount of compensation that can be awarded for an act of violence is $50,000.00.

A victim can claim a maximum of $10,000.00 for financial loss resulting from the act of violence and a maximum of $1,000.00 for the loss of personal effects, however these amounts are not in addition to the maximum available compensation of $50,000.00.

The minimum amount of compensation is $7,500.00 . This is known as the "threshold". Many of the injuries listed in the Victims Support and Rehabilitation Act have been allocated an amount of compensation that is less than $7,500. Unless the amount of compensation allocated to a single injury or a combination of injuries is $7,500 or more, the victim will not be awarded any compensation.

Lodging an Application

Application forms are available online at the Victims Services website or by contacting Victims Services on: (02) 9374 3111 or TTY (02) 9374 3175 . Application forms are also usually available at Community Legal Centres. Once completed they should be lodged by posting or delivering it to the address shown on the form.

Time limit:

Generally you have 2 years from the date of the act of violence to make an application for victims compensation.

Applications may still be lodged out of time if the applicant can establish to the satisfaction of the Tribunal that there is good reason to do so. In practice this is quite difficult and you should seek legal assistance if you are in this situation.

In cases of sexual assault, child abuse and domestic violence, leave to apply out of time should be granted unless there is "no good reason to do so." Again, if you are in this situation you should seek legal advice.

Being unaware of the time limit is not considered to be sufficient reason to allow the application to be lodged outside the 2 year limitation period.

Legal assistance:

If you are the victim of an act of violence you can get free legal advice from a community legal centre. A legal centre may act for you, or refer you to a private solicitor who can act for you.

You should not be afraid to approach a private solicitor about a victims compensation matter because you are worried about possible legal fees. Professional costs for victims compensation applications are limited to a maximum of $825.00. If you have a legitimate case, the Victims Compensation Tribunal will pay for your legal costs and for necessary evidence such as medical reports (up to $1,000.00) at the end of the matter, even if you are ultimately unsuccessful. Legal costs are not deducted from any award of compensation to you.

To find a solicitor who handles Victims Compensation in your area, you can
contact the NSW Law Society's Solicitor Referral Services on (02) 9926 0300 or www.lawsociety.com.au Alternatively you can contact Law Access or the NSW Community Legal Centres State Office for details of your closest community legal centre. See contact details below.

Counselling

A victim may apply for approved counselling to assist them in their recovery from the traumatic effects of the act or acts of violence. Counselling is available to all victims of acts of violence, even if they are not eligible to receive compensation.

Counselling is also available to the witnesses of acts of violence, parents and guardians of child victims, and family members of deceased victims.

Reporting to Police

Reporting an act of violence to police at the earliest possible opportunity increases the likelihood that the perpetrator will be caught and charged. This has a flow-on effect for Victims Compensation proceedings because there is likely to be more evidence of the act of violence having occurred.

Failure to report an act of violence to the police, late reporting or failure to assist the police, will be taken into consideration by the Tribunal when deciding whether to award compensation. Compensation is likely to be reduced or declined in such circumstances.

There may be some circumstances where you have good reason for late reporting or failure to report a matter. This is particularly so if you were a child at the time of the act of violence. In this type of situation a solicitor can help you to explain your situation to the Tribunal.

Medical assistance

If you have been the victim of an act of violence you should seek medical assistance as soon as possible. This is particularly the case if you have been the victim of a sexual assault.

Victims Support

There is a 24 hour a day, 7 days a week victim's support telephone line run by the Victims of Crime Bureau in conjunction with Mission Australia. Their telephone number is (02) 9374 3000 or 1800 633 063 (toll free) or TTY (02) 9374 3175. There is also a Victims of Crime website which has lots of information.

Contacts

		Combined NSW CLC (for details of a legal centre in your area) — (02) 9318 2355 www.nswclc.org.au
		Inner City Legal Centre — (02) 9332 1966
		Victims Support telephone line: (02) 0374 3000 or 1800 633 063 (toll free) or TTY (02) 9374 3175
		Victims Services: (02) 9374 3111 www.lawlink.nsw.gov.au/vs
		Law Access 1300 888 529 www.lawaccess.nsw.gov.au
		NSW Law Society Solicitor referral service: (02) 9926 0300 www.lawsociety.com.au

Disclaimer: The information contained in this fact sheet is only intended to be a guide and is not legal advice. If you are a victim of an act of violence or have any other legal problem we strongly suggest you seek legal advice.