Assistance for victims of crime

The Victims of Crime Assistance Act 1996 (Vic) (‘VOCA Act’) established the Victims of Crime Assistance Tribunal (VOCAT).

The VOCA Act (cl 5 sch 1) applies to applications for assistance lodged after 1 July 1997 regardless of when the crime occurred.

The Victims of Crime Assistance (Amendment) Act 2000 (Vic) applies to crimes committed on or after 1 July 2000 to 30 June 2007, and also has retrospective application for some victims of childhood sexual assault.

This amending Act reinstated compensation for pain and suffering (now called ‘special financial assistance’) to primary victims. They are no longer limited to just claiming expenses (e.g. medical expenses and loss of earnings), as had been the case since 1 July 1997.

The other important change brought about by the 2000 amending Act is that a victim does not have to have suffered a diagnosable injury; they may qualify for special financial assistance if they have a ‘significant adverse effect’ as a result of the violence (e.g. trauma or distress).

The Victims of Crime Assistance Amendment Act 2007 (Vic) increased the amount of special financial assistance that can be awarded for crimes committed on or after 1 July 2007.

Under the 2000 legislation, primary victims are entitled to receive special financial assistance up to $7500.

Under the 2007 legislation, primary victims are entitled to receive special financial assistance up to $10 000.

The amount awarded in either case depends on:

• the category of the act of violence or crime (as set out in the regulations); and
• the extent of the ‘injury’ or ‘significant adverse effect’ as a result of the crime.

In April 2022, the Victims of Crime (Financial Assistance Scheme) Bill 2022 (Vic) was introduced to parliament. This legislation overhauls the victims of crime assistance application process: applications are to be determined administratively and there will be no oral hearings available to applicants. Applicants will, however, still be entitled to seek legal assistance in relation to their applications.

At the time of writing (1 July 2022), the Act is scheduled to come into operation on a day to be proclaimed or, if a provision does not come into operation before 1 December 2024, it comes into operation on that date.