VICTIMS OF CRIME

If you have been a victim of a crime, you may be eligible to make a claim for compensation from the Victims of Crime Assistance Tribunal (VOCAT). The compensation is payable by the Victorian Government.

 

You may be entitled to make a victims of crime claim if:

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• You are the victim of a crime;

• You were witness to a crime;

• You have a relative who has been victim of a crime;

• You had financial dependency on someone who has been the victim of a crime; or

• You are responsible for the funeral expenses of someone who has died because of a crime.

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A crime includes domestic violence. The criminal act generally needs to have been reported to the police, but not always, and it is not necessary that criminal charges be laid.

 

The compensation that is payable can cover a variety of expenses including medical expenses, lost earnings, security expenses and several other expenses. The compensation cannot cover property damage. You can also obtain lump sum compensation for the impact of the crime however this is capped at $10,000 and in some instances the cap is less.

 

Lawyers are not able to charge legal costs to the victim of a crime. The only legal costs that are payable are paid by the Victims of Crime Assistance Tribunal. The lodgement of a claim rarely involves attending a court hearing and can most often be conducted on the papers. The claim is not defended by the offender, rather it is an assessment of the crime and the impact on you within statutory limits.  

 

There are time limits for making a victims of crime compensation claim and these can vary depending on the circumstances. If you think you have been the victim of a crime you should seek legal advice. If you have been the victim of a crime you should also consider whether these additional claims are available to you:

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• Sentencing Act claim

• Total and Permanent Disablement Claim / Income Protection claim

• NDIS plan