Being hurt by a violent crime can bring costs on top of the harm itself. Medical bills, counselling and time off work can add up quickly. New South Wales and Victoria both run government schemes that can help victims with some of these costs. You do not need to wait for a court case against the offender to apply.
This guide explains how the schemes work in New South Wales and Victoria. The rules, payment limits and time frames differ in each state and they change. Check the scheme in the state where the crime happened.
How these schemes work
In New South Wales, help is given through the Victims Support Scheme under the Victims Rights and Support Act 2013. In Victoria, it is given through the Victims of Crime Financial Assistance Scheme, often called the FAS. Both are run by government rather than through the courts. Both can pay for counselling and some costs caused by the crime.
The NSW scheme looks at whether there was an act of violence. This means conduct that apparently happened in committing a criminal offence and caused physical or psychological injury or death. A charge or conviction is not needed, but the evidence must show an offence was committed. The NSW Government says fraud, theft and property damage are generally not treated as acts of violence.
Who can apply
Both schemes recognise different types of victims. In NSW a primary victim is someone injured or killed as a direct result of a violent crime. It also includes someone hurt while trying to prevent the crime, help a victim or arrest the offender. Secondary victims include people injured after witnessing a violent crime.
Family members can also be covered. The NSW scheme includes family victims of homicide, such as a spouse, parents, children and siblings. In Victoria, a primary victim includes a child who saw, heard or was exposed to the crime. The injury can be physical, mental or both, including trauma.
What the NSW scheme can pay for
The NSW Government lists several kinds of support. There is counselling, help with immediate needs and help with economic loss. Immediate needs can include medical costs, home security, rent assistance and costs of attending court. There is also a recognition payment to acknowledge what happened.
Financial assistance for economic loss has its own limits. The amount you get depends on your circumstances. The NSW Government lists these upper amounts:
- actual loss of earnings up to $20,000
- medical, dental and other health bills up to $30,000
- damaged or lost clothing or items you were wearing or carrying up to $1,500
- court, coronial or other justice related costs up to $5,000
Support can be declined or reduced in some cases. One factor is money you received from another source for the crime, such as insurance. You also need to show other money you got, such as workers compensation or insurance. The scheme takes this into account in its decision.
What the Victorian scheme can pay for
The Victorian FAS can pay for counselling and reasonable medical expenses. It can also cover safety costs such as security alarms, cameras, mobile phones and relocation. Lost income can be paid for up to two years after the violent act. The page set the total maximum at $63,401, with lost income capped at $21,134.
Some help can be paid while your application is being assessed. This interim assistance includes medical and safety costs and a set number of counselling sessions. Any interim amount is taken off the final payment. Applying to the FAS is free.
Time limits
Time limits are strict and they differ a lot between the two states. In NSW there is no time limit to apply for counselling. For economic loss, an adult generally has two years from the incident. A child victim has two years from turning 18.
In Victoria, adults have 10 years to apply for sexual offences or family violence. For other violent crimes the limit is three years. A child generally has until they turn 21, and there is no limit for family violence or child abuse. The Victorian scheme says it may accept late applications in some circumstances.
Reporting and paperwork
Both schemes ask for some record of what happened. NSW asks primary victims for a report from police, a government organisation or a government funded organisation. If you reported to NSW Police, you can give the details in your form instead. You will also need ID, bank details and itemised receipts.
In Victoria, the crime generally must be reported to police within a reasonable time. Victoria Legal Aid says there is an exception for special circumstances. The offender does not need to be charged or convicted. You do not have to make the police report yourself.
Other ways to seek compensation
The schemes are not the only option. Victoria Legal Aid says that if the offender is found guilty, you can ask the court for a compensation order. In Victoria you must apply within 12 months of the court’s decision. The court considers the offender’s finances, so payment is not guaranteed.
You may also be able to bring a civil claim against the offender. Victoria Legal Aid notes that whether this is worthwhile depends on the offender’s assets. Read our guide on what to consider before you sue before taking that step. A lawyer can compare the options with you.
Getting help with an application
You can apply on your own, but help is available. In Victoria you can nominate a lawyer, case worker or trusted person to apply for you. Victoria Legal Aid suggests talking to a lawyer about a compensation claim as early as possible. In Victoria, the Victims Legal Service may also be able to help.
If you hire a private lawyer, check they are registered first. Our list of questions to ask a potential lawyer can help at the first meeting. You may also want to understand the difference between solicitors and barristers if the matter goes to court. The NSW Victims Support Scheme economic loss page and the Victorian Financial Assistance Scheme page for primary victims set out the current details.
Frequently asked questions
Does the offender need to be convicted?
No. In NSW a charge or conviction is not needed, but the evidence must show an offence was committed. In Victoria the offender does not need to be charged or convicted either.
Is there a time limit for counselling in NSW?
No. The NSW Government says there is no time limit to apply for counselling. Financial assistance and recognition payments do have time limits, so apply early.
Does it cost anything to apply?
The Victorian scheme says it is free to apply. The NSW scheme lets you apply online or with a form. In Victoria you can apply yourself or nominate someone to apply for you.
This article is general information only and is not legal advice. Laws and processes differ between states and territories and they change over time. For advice about your own situation, speak with a qualified lawyer.