Victims of Crime
If you are the victim of a violent crime and have suffered an injury; or are a secondary or related victim to someone who has died as the result of a violent crime, you may be eligible for financial assistance from the Victims of Crime Assistance Tribunal (VOCAT).
Making an application and receiving legal representation in victims of crime VOCAT matters is cost free. All reasonable legal costs are paid for by the Tribunal.
Rebecca Burdon Legal & Consulting are trauma informed victims of crime compensation legal practitioners with lived experience. We are empathic to your needs and will assist you in applying for financial relief from VOCAT to support you in your journey to recovery.
Our victims of crime lawyers have the expertise and knowledge to help you access psychological and psychosocial support at a time when life can be a stressful and emotional period in your life.
We will support you in your journey to recovery from violent crime.
VOCAT may award financial assistance to eligible victims of a violent crime occurring in Victoria to assist their recovery. Often these wards are to assist with costs related to funeral expenses, counselling and other therapeutic treatments. The Tribunal may also grant a 'distress' payment or special financial award, akin to compensation in recognition of the impact the crime has had on victims and family members.
VOCAT can provide a forum for victims of crime to express how they feel about their experience, by reading a victim impact statement and addressing the court about their experience as a victim of crime. For some victims, this process assists them and forms part of their recovery but is entirely voluntary.
Who may apply
You may be eligible for VOCAT assistance if you are a
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Primary Victim – you have been injured by an act of violence, including while trying to prevent a violent crime.
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Secondary Victim – you were injured through witnessing an act of violence, or you are a parent or guardian injured as a result of learning about an act of violence committed against your child who is under 18 years old.
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Related Victim – you are a close family member, dependant or a person who had an intimate relationship with a person who died as a result of an act of violence.
An injury can be physical or psychological, including the worsening of an existing psychological illness. It does not include injury from property loss or damage.
To be eligible for assistance you must have reported the crime to police within a reasonable time (usually within 2 years) and cooperate with their investigations. There are exceptions to this (for child victims) - our victims of crime lawyers can assist you if you fall outside these limitation periods.
The new Financial Assistance Scheme (FAS) will be replacing the current VOCAT system. It is expected that the new scheme will commence sometime during 2024.
Other Relief:
Other remedies to the VOCAT process may be open to some victims of crime.
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Victims who have suffered an injury as a direct result of an offence where a person has been found guilty of that offence and is convicted, may upon application to the Court under the Sentencing Act 1991 (Vic) seek an order of compensation. Applications must be made within 12 months of a conviction.
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Furthermore, a victim may seek compensation through a civil court action, under the common law withing 3 years from the date of the act of violence.
The costs of either of these actions is to self-funded privately and costs are not covered or reimbursed by the victims of crime tribunal.