The Law Handbook 2024

972 Section 10: Accidents, insurance and compensation and Community Safety, without court hearings or magistrates. It aims to be an easier process for applicants, giving longer time to apply, including increasing the maximum amount of special financial assistance to primary victims for the most serious crimes, along with other changes. Victims will be able to apply online directly, with the assistance of nominated people or support agencies, or through a FAS contact centre once it is established. They may also be represented by lawyers or other people when applying (s 25(1) FAS Act). Advising clients on whether it is more advantageous to wait and file under the new FAS once it commences is difficult as no regulations have yet been made pursuant to the FAS Act. The regulations will provide a more complete picture on how the new scheme is designed to operate. For more information about the FAS, see www.vic. gov.au/victims-crime-financial-assistance-scheme Victims of Crime Assistance Tribunal Overview of the existing scheme The Victims of Crime Assistance Act 1996 (Vic) (‘ VOCA Act ’) establishes the VOCAT scheme which sets out how victims of crime may apply for assistance. It also sets out their entitlements, and the powers and procedures of the Tribunal. Prior to 1996, victims of crime made applications pursuant to the Criminal Injuries Compensation Act 1983 (Vic) and the Criminal Injuries Compensation Act 1972 (Vic). VOCAThasahelpfulwebpage (www.vocat.vic.gov. au) which contains information regarding VOCAT applications and the operation of VOCAT, including practice directions and guidelines, legislation and selected Victorian Civil and Administrative Tribunal ( VCAT ) review cases under various subject headings. The role of VOCAT is to provide financial assistance to victims of violent crime committed in Victoria. VOCAT aims to assist victims to recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime. VOCAT is intended to be utilised where compensation for the injury cannot be obtained from the offender or other sources, and complements other government services provided for victims of crime. The Victims of Crime Assistance (Special Financial Assistance) Regulations 2021 (Vic) (‘ VOCA Regulations ’) need to be read in conjunction with the VOCA Act and prescribe four categories of acts of violence of increasing severity for primary victims. They also specify when ‘uplifts’ may be made from lower to higher categories for the purposes of obtaining ‘special financial assistance’. Koori VOCAT List Any applications for assistance made by people identifying as Aboriginal or Torres Strait Islander are transferred to a specialised Koori VOCAT List. This list is managed by a Koori VOCAT List Registrar and Administrative Deputy Registrars. VOCAT promotes more flexible practices with Koori List applications. A cultural support plan is provided to the applicant with an acknowledgement letter after filing an application. This document needs to be completed and returned with the statement of claim. A Koori engagement officer liaises with applicants and is able to meet with them, where necessary or requested, to support and encourage them to complete applications, assist them to stay in contact with VOCAT and refer them to any necessary support services. While most applications are dealt with administratively, when hearings are held tribunal members assigned to these matters have had cultural awareness training and are specialised in dealing with Koori matters. The Koori engagement officer can attend hearings as a support person if required (see VOCAT Practice Direction 4 of 2022 ). Who can apply to VOCAT? A person may apply for financial assistance if an ‘act of violence’ was committed against them, and they have suffered a mental or physical injury (as defined in sections 3 and 3(2) of the VOCA Act) as a direct result of that act of violence. Injury does not include injury arising from loss or damage to property. The applicant must also satisfy the definition of a primary, secondary or related victim under the VOCA Act, or have incurred funeral expenses as a direct result of the death of a primary victim. The act of violence must have occurred in Victoria. The definition of ‘act of violence’ is multi-layered.