Victims
Compensation
. in NSW
Victims Rights & Support Act 2013
25 SEPTEMBER 2013
The information provided in this session is for information
purposes only.
It must not be relied on as legal advice.
You should seek legal advice about your own particular
circumstances.
• Forms of Compensation Available
• How to Make a Claim
• Recent Changes
1. Counselling
2. Immediate Needs
3. Economic Loss
4. Recognition Payments
5. Restitution
FOUR TYPES OF SUPPORT
Counselling
Financial
Assistance for
Immediate
Needs
Financial
Assistance for
Economic Loss
Recognition
Payments
1) COUNSELLING: WHO IS ELIGIBLE?
Anyone who has been injured as a result of:
•
•
•
•
An act of violence (AOV) in NSW
Witnessing an AOV
Learning of AOV committed against
your child or dependent
A family member being killed in a
motor vehicle accident
•
•
•
•
Preventing an AOV
Arresting someone committing an AOV
Helping or rescuing someone from an
AOV
A family member being murdered
May be eligible for free face to face counselling through the “Approved
Counselling Scheme”
1) THE APPROVED COUNSELLING SCHEME
Application
Submitted
Application
Approved
2 hour initial
appointment
with Approved
Counsellor
Counsellor
decides whether
further counselling
is required
8 more hours of
counselling if
required
Counsellor
writes report for
Victims Services
2) FINANCIAL ASSISTANCE: IMMEDIATE NEEDS
WHO IS ELIGIBLE?
Only Primary Victims
WHAT COSTS ARE COVERED?
• Emergency Medical/Dental
Expenses
• Relocation & security costs
• Funeral costs (max $8,000)
WHAT EVIDENCE IS REQUIRED?
TIME LIMITS
• Police or Medical Reports
• Evidence of any expenses being
claimed
No later than two years from the
incident.
3) FINANCIAL ASSISTANCE: ECONOMIC LOSS
WHO IS ELIGIBLE?
• Primary victims
• Parents of child victims
• Family members of homicide victims
WHAT EVIDENCE IS REQUIRED?
• Police Reports
• Reports from government agencies
• Evidence of any expenses being
claimed
WHAT COSTS ARE COVERED?
• Loss of earnings
• Cost of living expenses
• Justice-related expenses
• Damages to personal effects
• Medical and dental expenses
CAPPED AT $30,000
4) RECOGNITION PAYMENTS
The final kind of financial assistance available to victims is a Recognition
Payment.
This is a lump sum payment that aims to acknowledge the trauma suffered
by the primary victim.
The amount that a victim will receive is dependent on the kind of crime that
was committed.
4) RECOGNITION PAYMENTS
Category
Act of Violence
Maximum
Payment
•
Homicide (where payments are made to family
$15,000
members who were financially dependent on the victim)
•
Homicide (non-financially dependent parents of victims)
$7,500
B
•
Ongoing or Aggravated Sexual Assault
$10,000
Sexual Assault
Attempted Sexual Assault resulting in injury
Assault resulting in GBH
Ongoing Physical Assault of a chid
$5,000
C
•
•
•
•
Indecent assault
Robbery involving violence
Assault
Attempted Sexual Assault involving violence
$1,500
D
•
•
•
•
A
5) WHERE DOES THE MONEY COME FROM?
Victims
“Victims
Compensation
Fund”
Perpetrators
State Govt. Funds
If a person is convicted of an offence that caused the victim’s injury, that person may be
ordered to pay some or all of money that was paid out as compensation, back into the
Victims Compensation Fund. This is called a “Restitution Order”.
HYPOTHETICAL SCENARIO
Sarah had been in an abusive relationship with the father of her child for a
number of years. Sarah suffers psychological injuries as a result of the abuse.
Sarah’s partner has physically assaulted her in the past, but recently injured
her so badly that she required medical attention.
Sarah and her daughter left the family rental property after the incident. They
are currently living with a friend. Sarah is looking for work. Her only source of
income is the Newstart allowance.
Can Sarah apply for Victims Compensation?
HYPOTHETICAL SCENARIO
If Sarah successfully applied for Victims Compensation she could expect to
receive:
Type of Compensation
Max. Compensation Available
Approved Counselling
10 hours of approved counselling.
Immediate Needs
Funds to cover the cost of her immediate medical
treatment and possibly some relocation costs
Economic Loss
As Sarah is unemployed she cannot claim loss of
earnings, but could claim ongoing medical/dental
fees or legal costs
Recognition Payment
$1,500 (Category D)
1. How to Apply
2. Evidence Required
3. Time Limits
4. Help to apply
5. How long does it take?
6. Confidentiality
1) HOW TO APPLY
Online
• Log on to www.lawlink.nsw.gov.au/vs and click on
the “Forms” Section
• Fill out and submit forms online
Offline
• Send completed form to:
The Commissioner of Victims Rights
Victims Services
Locked Bag 5118
PARRAMATTA NSW 2150
2) WHAT EVIDENCE IS REQUIRED?
Police Report
OR
Report from a
Govt. Agency
AND
Medical
OR
Dental
OR
Counselling
Reports
AND
Employment
details
AND
Receipts &
Invoices proving
financial losses
The Act says that the applicant must provide evidence sufficient to support,
on the balance of probability, their claim to be a victim of an act of violence.
3) TIME LIMITS
Applications must generally be made
within 2 years of the incident.
• Child victims can make an application within 2 years of turning 18.
• Victims of sexual assault and domestic violence can claim up to ten
years from the offence.
• No time limit applies to victims of sexual assault that were under
18 at the time of the incident.
4) HELP TO APPLY
1800 633 063
Victims Services General Enquires Line
1800 019 123
Victims Services Aboriginal Contact Line
(02) 8688 5511
Victims Support Coordinator
(02) 4040 9121
Hunter Community Legal Centre Advice Line
5) HOW LONG DOES IT TAKE?
Victims Services estimate that claims
will be finalised within 6-12 months.
However, the process may take longer
if they need to gather more
information from the police or other
agencies.
6) WILL THE OFFENDER KNOW ABOUT THE
APPLICATION?
If the offender was convicted of a criminal
offence and you receive a recognition
payment we will take action to recover the
amount from the offender.
Some information may need to be made
available to the offender. But information
about the victim’s whereabouts for example,
will not be released.
1. Victims Rights & Support Bill
2. Existing Claims
3. Old system v New System
1) RECENT CHANGES
The Victims Compensation scheme that we have been discussing today has been running since
June this year. One of the most common reasons cited for changing the scheme were the long
delays in processing claims.
“The current scheme simply isn’t meeting the needs of victims of crime. It takes too
long, it’s not focused on real and practical help, and tries to fit victims into boxes
rather than treating them as people. Also victims weren’t adequately supported
through the process and had to tell their story multiple times.”
- MANDY YOUNG, Commissioner of Victims Rights
2) CRITICISMS OF THE NEW SYSTEM
The main criticisms of the new scheme are summarised below:
1) Retrospectivity
2) Time Limits
3) Upper Limits on Payments
•Changes to the scheme apply
retrospectively
•2 year time limit generally
•10 year time limit on claims for
domestic violence and sexual
assault.
• Recognition payments are capped
so that victims will generally
receive less money than they might
have under the old system.
•Many people who had existing
claims will now receive less
compensation than they
expected to receive under the
old system
•Many people do not disclose sexual
assault or domestic violence until
long after the event.
•Someone in Sarah’s position is
entitled to a max. recognition
payment of $1,500 in the new
system.
•There is no longer any separate
recognition for physchological
injury.
•Some people disclosing sexual
abuse to the current Royal
Commission will be time-barred
from applying for Victims
Compensation.
•The upper limit for severe domestic
violence under the old system was
$50,000
3) CRITICISMS OF THE NEW SYSTEM
4) Evidence Requirements
5) Economic Loss/Gender Bias
Evidence requirements are onerous.
•Accessing medical/financial
documents can be expensive.
• The economic loss payments have been
criticised as favouring those victims who are
employed, rather than those who perform
home duties.
•Many incidents of violence are not
reported to police or government
agencies.
A coalition of 30 legal, community,
health and women's organisations have
complained to the United Nations
Special Rapporteur on Violence Against
Women about the changes to the NSW
victims' compensation scheme and they
adverse impact they will have on women.
•Victims who have been required to
relocate as a result of an act of violence
may no longer have access to
receipts/invoices for all the losses
incurred.
ACKNOWLEDGEMENTS
The information provided in this presentation was drawn from:
• Information provided on the NSW Government’s Victims Services Website
(www.lawlink.nsw.gov.au/vs)
• NSW Women’s Legal Centre, “Changes to NSW Victims Compensation
Scheme – Issues of Concern” Paper.
• http://www.smh.com.au/nsw/arbitrary-and-brutal-nsw-compensationchanges-spark-un-complaint-20130521-2jxsb.html#ixzz2diNtWVrG