The Law Handbook 2024

976 Section 10: Accidents, insurance and compensation hearing the application would threaten VOCAT’s ability to make a fair decision (s 29). VOCAT will not accept out-of-time applications where the only reason for the delay was the victim’s lack of awareness of their right to apply to under the VOCA Act or the former Acts (s 29(4)). Making a claim to VOCAT The application form The procedure for making a claim for financial assistance commences by completing an application form, available on theVOCATwebsite. The application form itself contains detailed information about documents which need to be filed, cross-referencing to relevant practice directions. If the applicant has not reported the crime to the police and does not have a police statement, then a statutory declaration needs to be completed setting out the details of the crime and why it was not reported to police. The application should be accompanied by all available documentary material, although this also can be filed at a later stage when available. On the application form, related victims must provide VOCAT with details of every other person whom the applicant believes may be a related victim and of any person who may incur the funeral expenses of the primary victim. This is to ensure that all eligible victims are aware of their right to make an application and that such applications are all considered simultaneously. With the imminent introduction of the new FAS scheme, all VOCAT applications have now been centralised to the principal VOCAT Registry in Melbourne, with only a few applications being retained by metropolitan and regional tribunals. All applications must now be filed at the Melbourne Registry (admin@vocat.vic.gov.au) . VOCAT applications can also be completed and filed online via VOCAT’s website (www.vocat.vic.gov.au) . There is no filing fee for lodging an application. VOCAT hearing and determination Once an application has been lodged with VOCAT, applicants or their lawyers will receive a letter acknowledging receipt of the application. VOCAT requires that all documentation upon which the application relies be filed within two months. If more time is required to file material, however, a written request may be made. VOCAT will then usually be amenable to extending the time limit. If there are undue delays in filing material VOCAT may strike out the application, which will necessitate a request to reinstate the application, addressing reasons for it being struck out. The VOCAT application form gives the applicant the option of finalising the matter with or without a hearing. However if the applicant nominates ‘no hearing’ this means the tribunal can permanently finalise the matter under section 33, for which the only recourse is a VCAT review if the decision is unfavourable. If this prospect is undesirable, consideration should be given to opt for a hearing, which means the matter cannot be finalised unilaterally by VOCAT without first giving the applicant an opportunity to respond to any offer, and, if desired, attend a hearing and be heard. Where the applicant elects not to have a hearing, and if the application is relatively straightforward, VOCAT may finalise the application administratively on the basis of the documentation filed. Sometimes hearings are required, however, to discuss complicated issues or hear evidence about matters raised in the application. Hearings may be beneficial for the applicant, to provide an opportunity to be heard, and to receive acknowledgement and validation of their trauma. Often, such validation is the most important outcome sought by applicants. Applicants are invariably required to attend final hearings, and may have a support person present to provide emotional support. Since the COVID era, most hearings take place online. ‘In-person’ hearings are open to the public unless otherwise ordered by VOCAT. Applicants may apply to VOCAT to close the hearing to the public if they feel distressed or intimidated by a public hearing (s 42). Often, however, the tribunal member takes the initiative to close the court without an order being sought. Hearings are conducted in an informal manner, with all parties being given an opportunity to give evidence and be heard (s 38). In the rare event the alleged offender is attending in person at a VOCAT hearing, there are CCTV facilities or screens that allow evidence to be given safely or in a different location. VOCATmay appoint counsel to assist, particularly if there are no charges laid, although this rarely occurs in practice.