The Law Handbook 2024

Chapter 10.6: Assistance for victims of crime 979 In considering applications for variation, VOCAT must consider anything it considers relevant, including any fresh evidence or change in circumstances and any payments received or payable to the person to whom the award was made (s 60(3)). An application to vary the award should therefore address these factors, and explain the link between the criminal act and the need for further assistance, and be accompanied by supportive material. These applications are usually determined by VOCAT without a hearing, but they may be listed for a short hearing where the application is not straightforward. Recovering compensation from the offender Civil claims for damages Victims have a right to pursue a civil claim for damages against an offender. Such claims are usually heard in the Magistrates’ or County Court, depending on the seriousness of the injury and the amount of damages sought. (The monetary limits in civil matters are listed in Chapter 1.2: An introduction to the courts. For more information about claims for damages, see Chapter 10.1: Negligence and injury.) If you are considering making a civil claim against an offender, seek advice from a lawyer about the merits and prospects of success of such a claim, as it may be preferable to seek assistance from VOCAT (e.g. if the offender has no assets). Compensation under the Sentencing Act Sections 85A–85K of the Sentencing Act 1991 (Vic) (‘ Sentencing Act ’) allow a victim to seek compensation for pain and suffering from the offender. The offender must have been found guilty or convicted of the offence. The application for compensation must be made within 12 months of the offender being found guilty, or convicted of the offence, and is filed at the court which sentenced the offender. The court can also order the offender to pay the victim’s medical, counselling and other expenses. Before making such an order, the offender must be given a reasonable opportunity to be heard. The court may take into account the offender’s financial circumstances. Once the court has ordered the offender to pay the victim, it becomes an enforceable judgment debt. Comparison of Sentencing Act and VOCA Act The key differences between the Sentencing Act and the VOCA Act are: • compensation under the Sentencing Act can include an amount for pain and suffering that is higher than the limited amounts available for SFA under the VOCA Act; • under the Sentencing Act, compensation is paid by the offender (whose financial circumstances may be taken into account by the court when making the order). Under the VOCA Act, financial assistance is paid for by the state; and • for compensation to be payable under the Sentencing Act, the offender must have been found guilty, or convicted, by a court. Contacts Victims of Crime Assistance Tribunal (VOCAT) VOCAT’s Principal Registry: Level 5, 555 Lonsdale Street, Melbourne Vic 3000 GPO Box 882, Melbourne Vic 3001 Tel: 1800 882 752 Email: admin@vocat.vic.gov.au Web: www.vocat.vic.gov.au Victims of Crime Helpline Tel: 1800 819 817 or text: 0427 767 891 (8am to 11pm, 7 days a week) Email: vsa@justice.vic.gov.au Web: www.victimsofcrime.vic.gov.au