YOUTH LEGAL CENTRE
Victims’ Reassessment Scheme
1
Introduction
The Victims Rights and Support Act 2013 (VRS Act) came into force on 3 June 2013, and
established a new support scheme for victims of violent crime in NSW (New Scheme).
At the time, the Victims Compensation Tribunal had more than 21,000 lodged applications
awaiting a decision. These claims were lodged under the Victims Support and Rehabilitation Act
1996 (Old Act). The VRS Act identified these pending claims as Transitional Claims and they
were effectively transferred by the VRS into the New Scheme. Over the next 2 years, all of these
Transitional Claims were finalised according to the New Scheme, which was, in most cases, less
generous than the Old Scheme.
On 21 August 2015, the government passed legislation (Victims Rights and Support Amendment
(Transitional Claims) Regulation 2015) which effectively reversed the decision to determine the
Transitional Claims under the New Scheme and instead, subject to certain conditions,
provided that a Transitional Claim could be reassessed according to the Old Act (Victims
Reassessment Scheme).
For more information on the VRS Act and the New Scheme please see our handout Victims
Compensation and Support
(http://www.theshopfront.org/documents/Victims__compensation_and_support.pdf)
2
Eligibility for Victims Reassessment Scheme
The Victims Reassessment Scheme requires eligible claimants to opt in to the Scheme.
An eligible claimant is one for whom:
(a)
An application form was lodged before 7 May 2013; and
(b)
The claim was NOT finally determined (or it was determined but the relevant
appeal period had not expired) by 7 May 2013; and
(c)
The claim was either:
(1)
determined successfully (ie an act of violence was established and
victims support was awarded); or
(2)
not initially determined successfully but was successful on an internal
review; or
(3)
withdrawn prior to being finally determined.
To be absolutely clear, if your original claim was dismissed you are NOT eligible for the Victims
Reassessment Scheme.
Exception: Family and secondary victims whose claims were dismissed under the New Scheme
as being not entitled to a recognition payment, are entitled to participate in the Reassessment
Scheme.
3
How to apply
To opt in to the Victims Reassessment Scheme, an eligible claimant must fill out an Application
for Reassessment form, which can be found on the Victims Services NSW website at
Freehills I\22758468
Printed 22 October 2015 (14:12)
page 1
Victims’ Reassessment Scheme
http://www.victimsservices.justice.nsw.gov.au/Pages/vss/vs_aboutus/vs_news.aspx#Reassessm
entofVictimsCompensationClaims
4
Time limits
4.1
Time limit for opting in
The Application for Reassessment form must be lodged with Victims Services by 31 August
2016.
4.2
Time limit for submitting further evidence
Any further evidence to be relied upon in the Reassessment MUST be lodged within 6 months of
the date of lodgement of the Application for Reassessment form.
Except if it is Victims Services who requests the additional evidence after 3 months has passed,
then you have 3 months from the date of that request.
5
Evidence required to support application
Victims Services will rely upon all of the evidence currently on its files for each claim. However, in
some cases, this evidence may be insufficient.
The requirements for proving injury are different under the Old Act as compared to the New
Scheme. This is because of the different emphasis placed on type and severity of injury and on
psychological or psychiatric harm.
The Old Act contained a concept of compensable injury which meant that injuries were assessed
according to a schedule of injuries (Schedule 1). Sexual assault and domestic violence were
categories of injury. Additionally, unlike the New Scheme, psychological or psychiatric harm
(under certain conditions) could be claimed as an injury.
Examples of additional evidence that may be required are:
1. Specific medical reports which specify precise injuries suffered, to comply with the
requirements of Schedule 1 of the Old Act.
2. Detailed psychological reports, as the New Scheme did not compensate specifically for
psychological harm, nor did it take into account severity of that harm when assessing
quantum of compensation.
3. Authorised Report Writer (ARW) report. If a claimant was claiming the compensable
injury of psychological or psychiatric disorder, they were required to provide a report from
a psychologist or psychiatrist approved by Victims Services (ARW). Victims Services are
resurrecting the ARW Scheme for the purpose of this Reassessment Scheme.
Note: Victims Services will pay the costs of securing additional evidence so long as these
expenses (when added to those already claimed) don’t exceed the statutory amount, which
according to Victims Services is $1,100 plus GST.
6
How the claim is determined
1. The application for reassessment will be determined as if the claim was lodged under the Old
Act.
2. If a claimant receives an award that is higher than they originally received then they will be
given the difference between the original award and the reassessment award. Any calculation
of the original award also includes the $5,000 Special Grant.
3. If it is determined that they should have received less compensation, they are not required to
refund any difference.
Freehills I\22758468
Printed 22 October 2015 (14:12)
page 2
Victims’ Reassessment Scheme
7
Appeal and review rights
A claimant who is not satisfied with the amount awarded under the Reassessment Scheme may
request an internal review (which is similar to an appeal).
The internal review is done by making an application in writing stating fully the grounds of the
application.
The application must be lodged within 28 days of receipt of the decision maker’s determination.
New material or evidence will not be accepted at the internal review.
8
Costs and disbursements
1. Legal costs will not be paid for the Application for Reassessment
2. Disbursements (expenses) may be paid so long as the total disbursements does not exceed
the statutory limit (According to Victims Services this is $1100 plus GST).
9
Legal advice
We suggest that it would be a good idea to seek legal advice on whether you are eligible for the
Reassessment Scheme and, if so, whether additional evidence and/or submissions are required
to support your application.
The Reassessment Scheme does not pay for legal costs, so if you can’t afford to pay a lawyer
you may wish to contact a community legal centre. For details of your local community legal
centre, see http://www.clcnsw.org.au/clc_directory.php.
If you are a vulnerable young person, aged 25 years or under, you can seek advice from the
Shopfront Youth Legal Centre. Our contact details are at the end of this document.
10
Victims Services contact details
Victims Services
Locked Bag 5118, PARRAMATTA NSW 2124 or
Level 1, 160 Marsden Street, Parramatta NSW 2124
Tel: (02) 8688 5511 or 1800 069 054
Fax: (02) 8688 9630
http://www.victimsservices.justice.nsw.gov.au/
The Shopfront Youth Legal Centre
October 2015
The Shopfront Youth Legal Centre
356 Victoria Street
Darlinghurst NSW 2010
Tel: 02 9322 4808
Fax: 02 9331 3287
www.theshopfront.org
shopfront@theshopfront.org
The Shopfront Youth Legal Centre is a service provided by Herbert Smith Freehills in association with
Mission Australia and The Salvation Army.
This document was produced in October 2015 and to the best of our knowledge is an accurate summary of
the law in New South Wales at that time.
This document provides a summary only of the subject matter covered, without the assumption of a duty of
care. It should not be relied on as a substitute for legal or other professional advice.
This document may be photocopied and distributed, or forwarded by email, on the condition that the entire
document is reproduced in its entirety and no fee is charged for its distribution.
Freehills I\22758468
Printed 22 October 2015 (14:12)
page 3