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Victims Rights & Support Act 2013

Victims Compensation . in NSW

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.

TODAY’S

TOPICS

• Forms of Compensation Available

• How to Make a Claim• Recent Changes

COMPENSATION

1.Counselling2.Immediate Needs3.Economic Loss4.Recognition Payments5.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:

May be eligible for free face to face counselling through the “Approved Counselling Scheme”

• Preventing an AOV• Arresting someone committing

an AOV• Helping or rescuing someone

from an AOV• A family member being

murdered

• 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

1) THE APPROVED COUNSELLING SCHEME

Application Submitted

Application Approved

2 hour initial appointment

with Approved Counsellor

Counsellor writes report for Victims Services

8 more hours of counselling

if required

Counsellor decides

whether further counselling is

required

2) FINANCIAL ASSISTANCE: IMMEDIATE NEEDSWHO IS ELIGIBLE? WHAT COSTS ARE

COVERED?

WHAT EVIDENCE IS REQUIRED?

TIME LIMITS

Only Primary Victims• Emergency Medical/Dental

Expenses• Relocation & security costs• Funeral costs (max

$8,000)

• 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? WHAT COSTS ARE COVERED?

WHAT EVIDENCE IS REQUIRED?

• Primary victims• Parents of child victims• Family members of homicide

victims

• Loss of earnings• Cost of living expenses• Justice-related expenses• Damages to personal

effects• Medical and dental

expenses

CAPPED AT $30,000

• Police Reports• Reports from government

agencies• Evidence of any expenses

being claimed

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.

Category

Act of Violence Maximum Payment

A

• Homicide (where payments are made to family members who were financially dependent on the victim)

$15,000

• Homicide (non-financially dependent parents of victims)

$7,500

B • Ongoing or Aggravated Sexual Assault $10,000

C

• Sexual Assault• Attempted Sexual Assault resulting in injury• Assault resulting in GBH• Ongoing Physical Assault of a chid

$5,000

D

• Indecent assault• Robbery involving violence• Assault• Attempted Sexual Assault involving violence

$1,500

4) RECOGNITION PAYMENTS

5) WHERE DOES THE MONEY COME FROM?

“Victims Compensation Fund”

Victims Perpetrators

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”.

State Govt. Funds

HYPOTHETICAL SCENARIOSarah 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

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)

If Sarah successfully applied for Victims Compensation she could expect to receive:

MAKING A CLAIM

1.How to Apply2.Evidence Required3.Time Limits4.Help to apply5.How long does it

take?6.Confidentiality

1) HOW TO APPLYOnline• 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 RightsVictims ServicesLocked Bag 5118PARRAMATTA NSW 2150

2) WHAT EVIDENCE IS REQUIRED?

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.

Police Report

ORReport from a Govt.

Agency

AND

MedicalOR

DentalOR

Counselling

Reports

AND

Employment details

ANDReceipts & Invoices proving financial losses

3) TIME LIMITS

Applications must generally be madewithin 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 123Victims Services

Aboriginal Contact Line

(02) 8688 5511Victims Support

Coordinator

(02) 4040 9121Hunter 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.

RECENT CHANGES

1.Victims Rights & Support Bill

2.Existing Claims3.Old system v New System

1) RECENT CHANGESThe 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 SYSTEMThe main criticisms of the new scheme are summarised below:

1) Retrospectivity

• Changes to the scheme apply retrospectively

• Many people who had existing claims will now receive less compensation than they expected to receive under the old system

• There is no longer any separate recognition for physchological injury.

2) Time Limits• 2 year time limit generally• 10 year time limit on

claims for domestic violence and sexual assault.

• Many people do not disclose sexual assault or domestic violence until long after the event.

• Some people disclosing sexual abuse to the current Royal Commission will be time-barred from applying for Victims Compensation.

3) Upper Limits on Payments• Recognition payments are

capped so that victims will generally receive less money than they might have under the old system.

• Someone in Sarah’s position is entitled to a max. recognition payment of $1,500 in the new system.

• The upper limit for severe domestic violence under the old system was $50,000

3) CRITICISMS OF THE NEW SYSTEM4) Evidence Requirements

Evidence requirements are onerous.•Accessing medical/financial documents can be expensive.

•Many incidents of violence are not reported to police or government agencies.

•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.

5) Economic Loss/Gender Bias • The economic loss payments have

been criticised as favouring those victims who are employed, rather than those who perform home duties.

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.

ACKNOWLEDGEMENTSThe 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-compensation-changes-spark-un-complaint-20130521-2jxsb.html#ixzz2diNtWVrG