The Law Handbook 2024

971 NOTE The law in this chapter is current as at 1 September 2023. Summary of legal options The following legal options are available for victims of crime: • Victims of Crime Assistance Tribunal : provides financial assistance to victims of crime to help cover expenses incurred as a direct result of that crime (e.g. lost earnings, counselling, medical, safety and funeral expenses) – see ‘Victims of Crime Assistance Tribunal’, below. • Civil proceedings : a victim can issue a civil claim for damages against the offender – see ‘Civil claims for damages’, below. • Compensation under the Sentencing Act 1991 (Vic) : a victim can seek compensation from the offender for pain and suffering; the court can also order the offender to pay the victim’s medical, counselling and other expenses – see ‘Compensation under the Sentencing Act’, below. Assistance for victims of crime Victims of Crime Helpline Tel: 1800 819 817 or text 0427 767 891 (8 am-11 pm, 7 days a week) TheVictims of CrimeHelpline is the official Victorian Government service offering free information and support for people affected by crime. It is the first step for victims of crime to access free services in Victoria and links victims to services, ensuring they receive personalised support to manage and recover from the effects of crime. It provides a supportive listening environment for victims, information about entitlements and the criminal justice system, and provides connection to other support services, such as the Victims Assistance Program. Victims Assistance Programs are located in many regions and provide assistance for more long-term support on a case-by-case basis. Referrals to lawyers and counsellors can be given, and funding can be granted for practical items such as urgent security costs and taxi vouchers. Some services offer referrals to a limited number of free counselling sessions. Victims Legal Service Helpline Tel: 1800 531 566 (Monday to Friday 9 am to 5 pm) The Victims Legal Service Helpline is a specialised legal advice service that provides guidance on how to apply for financial assistance to the Victims of Crime Assistance Tribunal ( VOCAT ) and how to seek compensation from the person who committed the crime. The helpline is staffed by lawyers who can provide general procedural advice on how to apply for VOCAT assistance, or, where appropriate, give referrals to lawyers in community legal centres who will assist them to do so. The helpline has been established in anticipation of the imminent changes to the existing VOCAT scheme, discussed below. New Victims of Crime Financial Assistance Scheme The Victims of Crime (Financial Assistance Scheme) Act 2022 (Vic) (‘ FAS Act ’) received royal assent on 7 June 2022 and replaces the existing VOCAT scheme. At the time of writing, the FAS Act had not yet commenced its operation. It is scheduled to do so on a day to be proclaimed, with a default date of 1 December 2024. A link to the FAS Act can be found here: www.legislation.vic.gov.au/as-made/acts/ victims-crime-financial-assistance-scheme-act-2022 The FAS Act establishes the Financial Assistance Scheme ( FAS ) which replaces the VOCAT, and provides for applications to be dealt with administratively within the Department of Justice 10.6 Assistance for victims of crime Contributor: Marita Ham, Barrister