The Law Handbook 2024

Chapter 10.6: Assistance for victims of crime 977 Interim awards If the applicant requires urgent assistance such as relocation or other safety expenses, or counselling or medical treatment, an urgent interim award can and should be applied for (s 56). Expenses such as funeral expenses, ambulance fees, counselling and counselling report fees are often granted as interim awards also. VOCAT’s investigatory powers In considering an application, VOCAT has the power to initiate an inquiry or investigation (s 39). It may authorise a person to make any enquiry or carry out any investigation on behalf of VOCAT necessary to furnish it with the further information it requires. VOCAT always obtains the relevant police material, and may, for example, obtain the applicant’s hospital or medical records. VOCAT may require the preparation and submission to VOCAT of a medical report or counselling report, or additional statements or documents containing particular matters specified. Extra medical or counselling reports may require the applicant to submit to an examination by a medical expert or to receive counselling services, which, if refused, may result in VOCAT adjourning consideration of the application until this takes place, or refusing the application (s 39(4)). Evidence VOCAT is obliged to act fairly, expeditiously and according to the substantial merits of the case (s 32). The applicable standard of proof when deciding questions of fact is on the balance of probabilities (s 31). Applications should provide VOCAT with all relevant documentary evidence when filing the application, or as soon as possible thereafter. Receipts, invoices or quotes must be filed for all items claimed. When loss of earnings is claimed, refer to VOCAT Practice Direction 5 of 2008 which sets out which documents need to be filed. Ensure that all income received, such as social security payments, is included on the prescribed loss of earnings form, supported by evidence of such payments. VOCAT will also rely on the police brief, which may include witness statements to police, a summary of the offence and police observations. Upon request, VOCAT may make the police brief, or parts thereof, available to the applicant’s legal representative. Reporting to police VOCAT cannot award financial assistance to the victim if the crime was not reported to the police within a reasonable time or if the victim failed to provide reasonable assistance to any investigation, arrest or prosecution arising out of the act of violence, unless there are ‘special circumstances’ (s 52). The VOCA Act (s 53) sets out the factors that VOCATmay consider when deciding whether a crime was reported within a reasonable time. These factors include the age of the victim; whether the victim has an intellectual disability or was mentally ill at the time of the offence; whether the alleged offender was in a position of power, influence or trust in relation to the victim; whether the victim was intimidated or threatened by the alleged offender; and the nature of the injury suffered by the victim. In the case of ZHC v VOCAT (Review and Regulation) [2022] VCAT 333 at [24], Deputy President Lambrick opined: ‘Sometimes a crime may never be reported to the police; or will not be reported until the perpetrator has died or until others have been brave enough to also report conduct; or until a victim feels safe enough to do so or until a victim has established a haven from which to safely make the report’. Notifying the alleged offender The applicant and anyone else with a substantial interest in the matter is entitled to appear and be heard by VOCAT (s 35). Certain people, however, are not entitled to appear and be heard if the crime involves an offence against sections 20, 21 or 21A of the Crimes Act 1958 (Vic) or any corresponding previous enactment (i.e. threats to kill, threats to inflict serious injury or stalking); or for offences against subdivision (8A), (8B), (8C), (8D), (8E), (8F) or (8FA) of Division 1 Part 1 of the Crimes Act 1958 (Vic) or any corresponding previous enactment (sexual offences); or for any offence at common law of rape or assault with intent to rape; or family violence within the meaning of section 35 (1A) of the Family Violence Protection Act 2008 (Vic).