As a victim of crime, you may be entitled to financial assistance from the Victims of Crime Assistance Tribunal (VOCAT) or to compensation from the offender.You can still apply to VOCAT even if the offender has not been identified or charged, and VOCAT claims are independent to any trial. Even if the perpetrator is not convicted, you can have a successful VOCAT claim.

In this section you can learn more about compensation from the offender and how to apply for financial assistance, including Special Financial Assistance.

Who is eligible?

To be eligible to be awarded financial assistance by VOCAT, you must be a victim of a violent crime that happened in Victoria including:

• a sexual offence
• an actual or threatened assault or injury
• the death of a person

The crime must have been reported to police within a reasonable time, and must have occurred within the past two years, except in the case of some childhood sexual crimes. In other circumstances, VOCAT may also grant an extension.

If you are the parent or guardian of a child who has been a victim of a violent crime, you can make an application to VOCAT on their behalf.

What kind of assistance is available?

Interim Awards of Financial Assistance

These are available if you require urgent financial assistance as a result of a violent crime, pending the final determination of your application. This could include:

• urgent counselling
• immediate safety needs
• medical expenses

Compensation for Pain and Suffering, also known as Special Financial Assistance

Primary victims of crimes committed after 1 July 2000 (and certain pre-July 2000 childhood sexual assault offences) may be able to apply for Special Financial Assistance.

The amount of Special Financial Assistance awarded depends on the seriousness of the crime and its impact on the victim, and ranges from $130 to $10,000. Where the victim sustains an injury, special financial assistance is payable over and above the $60,000 limit for counselling, medical and other expenses.

Other assistance

If you are applying for compensation or financial assistance, you might also need other sorts of support. For example, you may not know where to find a counsellor or lawyer, or understand how the whole process works.

The Department of Justice funds a statewide network of victim support services, called the Victims Assistance and Counselling Program (VACP). Your VACP is part of the local community and can help you thoughout the entire process.  They can also connect you with other services you may need.

To find out where your local VACP is located, call the Victims of Crime Helpline on 1800 819 817.

How much assistance is available?

The amount of assistance you are entitled to depends on the particular circumstances of the crime, your injury and whether you are a primary, secondary or related victim.

A primary victim is a person who is injured or dies as a direct result of a violent act.

A secondary victim is someone who is injured as a result of being present at and witnessing a violent act; or is the parent or guardian of a child who has been the primary victim of a violent crime.

A related victim is a person who at the time of an act of violence was a close family member of, a dependent of, or had an intimate personal relationship with, a primary victim who has died as a result of the act.

If you are unsure, you should call the Victims of Crime Helpline on 1800 819 817.

The maximum total financial assistance awarded by VOCAT is $60,000 to a primary victim, and $50,000 to a secondary or related victim. These totals may include:

• medical
• counselling
• funeral expenses
• loss of earnings
• other expenses in exceptional circumstances

The maximum cumulative amount available to all related victims, in respect of one death, is $100,000, less any amount awarded for funeral expenses.

Entitlements to financial assistance from VOCAT may be reduced where assistance is available from other sources such as Workcover, the TAC, Medicare or through insurance policies.

How to apply

Applications for Financial Assistance

Applications for financial assistance may be made to VOCAT.  If you are the parent or guardian of a child who has been a victim of a violent crime, you can make an application to VOCAT on their behalf and you may also be eligible to make an application for yourself (as a 'secondary victim'). There are different types of financial assistance available.

Application process

To apply for any award, complete and lodge an application form with the VOCAT Registrar located at your nearest Magistrates' Court. An application form can be obtained from:

• your local Magistrates' Court
• VOCAT on 1800 882 752
• the Victims of Crime Assistance Tribunal
• the Victims of Crime Helpline on 1800 819 817.

If you intend to apply for financial assistance through VOCAT, it is very important to keep all your receipts for the expenses that you incur.

To apply for an Interim Award of financial assistance, you must still complete an application form and lodge it with the VOCAT Registrar located at your nearest Magistrates' Court. You will also need to attach a letter to the application stating:

• that you wish to apply for an Interim Award of Financial Assistance
• what type of assistance is required
• the reason and urgency for the interim financial assistance

A supporting psychological report must accompany requests for urgent counselling - there are special forms which your counsellor must use for this. These forms can be found on the VOCAT website.

If you are unsure, you should call VOCAT on 1800 882 752 or the Victims of Crime Helpline on 1800 819 817.

Help applying for financial assistance

The process of applying for compensation and financial assistance from VOCAT can seem complex, but help is available. It is advisable to use a solicitor to prepare your application. VOCAT will usually cover the solicitor's fees and a solicitor cannot charge a person fees in relation to an application to VOCAT without approval from VOCAT. Your local Victims Assistance and Counselling Program staff can help you find a solicitor in your region and help you fill out your application for compensation and/or further counselling.

Tips:

• If you are unsure about applying for financial assistance, call VOCAT on 1800 882 752 or the Victims of Crime Helpline on 1800 819 817
• You can still apply to VOCAT even if the offender has not been identified or charged
• Your VOCAT claim is independent to any trial.  Even if the perpetrator is not convicted you can have a successful VOCAT claim.