The Law Handbook 2024

304 Section 4: Relationships, families and young people Cross-examination can only be done by a legal representative. The court may request assistance from Victoria Legal Aid to fund legal representation in such cases. If a party does not have legal representation, cross- examination is not permitted or may only be permitted by the court if alternative protections are used (e.g. the cross-examination is conducted via video-link). Binding over Another course of action under state law is to take out a complaint for a threatened breach of the peace. This action is made in a state Magistrates’ Court under section 126A of the Magistrates’ Court Act 1989 (Vic) (‘ MC Act ’). In such cases a woman, for example, must show that she is genuinely afraid that she will suffer bodily harm. Evidence of previous assaults may be admissible in proving that her fears are well-founded. The complaint should give precise particulars of dates, places, and the nature of the incidents complained of, including the particular assault or threatening words and gestures that were used. Given the broad definitions of ‘family violence’ and ‘family member’ under the Family Violence Protection Act 2008 (Vic) (and the availability of personal safety intervention orders under the Personal Safety Intervention Orders Act 2010 (Vic)), the binding over remedy is rarely used in family violence cases. However, it may be the only remedy in cases of stalking or violence between neighbours, co-tenants and acquaintances where a personal safety intervention order cannot be obtained. Also, unlike intervention orders, this remedy is not very effective. Police cannot be applicants and they have no power of arrest. If the application is successful, the offender may be required to enter into a bond to keep the peace or to be of good behaviour. If not done, a certain amount of money may be forfeited. Under section 126A(4) of the MC Act, if the bond is not complied with, the court may order imprisonment for up to 12 months. Compensation for family violence survivors Civil claim for damages If a person who has experienced family violence has suffered substantial injury (usually serious physical injury), it is possible to institute civil proceedings for damages against the perpetrator in the state courts. However, this is a costly, lengthy and risky process that requires expert legal advice. Also, time limits may apply for initiating civil proceedings. Compensation through VOCAT The most accessible source of monetary compensation is from the Victims of Crime Assistance Tribunal ( VOCAT ), which operates in the Magistrates’ Court under the Victims of Crime Assistance Act 1996 (Vic). (See VOCAT in ‘Contacts’ at the end of this chapter.) VOCAT provides financial assistance to those who have experienced violent crime committed in Victoria. VOCAT compensates people for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime (e.g. medical, safety-related and funeral expenses, and lost earnings). There are different prescribed categories of ‘victim’ and different types of benefits and entitlements that can be claimed. For example, a person who has experienced family violence can seek compensation for expenses, and also special financial assistance for pain and suffering. This is a complicated area and it is important to obtain legal advice. (See Chapter 10.6: Assistance for victims of crime.) Compensation under the Sentencing Act Under section 85B of the Sentencing Act 1991 (Vic), it is possible to obtain an order for compensation against the perpetrator in a state court if they are found guilty or convicted of a criminal offence. You should seek legal advice about this course of action. Support for family violence survivors If emergency accommodation or support is needed, contact Safe Steps, which is Victoria’s 24/7 family violence response centre, or the national 24/7 1800 RESPECT line (see ‘Contacts’ at the end of this chapter). There are refuges and shelters that assist women and children who are escaping violence. They provide free, safe and secure short-term accommodation, advice and counselling, access to legal assistance, help in applying for Centrelink benefits, and assistance in seeking work and childcare. Women’s refuges are