Financial assistance guide

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Financial assistance guide

The following information is provided for people in the ACT who have been a victim of crime, and want to make a claim for financial assistance or compensation under the current Victims of Crime (Financial Assistance) Act (ACT).

Victims of crimes (other than domestic violence) may be able to make applications for compensation from various government service providers. If you fall into this category, you are encouraged to seek advice about this.

This page contains:

• Can I get financial assistance?
• Does the offender have to be convicted?
• How much assistance can I get?
• How to apply
• After the application
• Costs and expenses
• Other forms of assistance
• Information for providers of services to victims of crime

Can I get financial assistance?

You may be able to get financial assistance from the government if you have been injured as a consequence of a violent crime (such as assaults or a threat made against your life) in the ACT. Legal advice should always be sought about whether what happened to you was a violent crime.

The victim does not claim financial assistance from the offender directly, however if the offender is convicted, the government will claim the money from the offender at a later date. The victim may be able to claim additional compensation from the offender, but is considered more difficult than a financial assistance claim. It is recommended that legal advice be sought in these circumstances.

You can claim against physical and/or a psychological injury such as anxiety or stress disorder.

You cannot claim financial assistance if:

• you were injured by the use of a motor vehicle
• you are claiming less than $100
• you were injured at work and have not claimed worker's compensation
• you have not reported the crime to the police
• you were committing a serious crime.

Does the offender have to be convicted?

A victim of crime can claim financial assistance even if no-one is charged with or convicted of the violent crime. If the violent crime is not proved beyond reasonable doubt in a criminal court, the victim will have to prove that it is more likely than not that the crime occurred, if your application goes to a hearing.

How much assistance can I get?

The maximum amount of financial assistance that a victim can claim for is $50,000. Exactly what amount you get will depend on:

• the expenses resulting from your injury such as medical bills, increased home security or moving expenses (if necessary) or replacement clothing
• the income you have actually lost because you have been injured
• the costs of making your application (except legal fees) - e.g. medical, police or psychological reports
• whether you have already got other payments, eg Medicare, Centrelink or insurance payments
• whether you have behaved in a certain way, eg were drunk or committed a crime
• whether or not you can get special assistance of up to $30,000. The victim will be able to get special assistance if they have suffered an 'extremely serious injury', which could be a permanent injury. You should seek legal advice determining whether your injuries are extremely serious or not.

Some examples of recently successful claims are:

• A woman who was assaulted by her de facto in May 2001 during an argument at home. She suffered bruising, scratches, chest pain, painful right eye and back and blurred vision. She received $1624.
• A woman was assaulted by her partner in July 1999 at home. She suffered a broken nose and injuries to the face, neck and body, as well as psychological injuries resulting in terminating the pregnancy. She has received an "interim award" of $2790 (an "interim award" can be made for expenses before a claim is finalised).

How to apply

The victim must apply within 12 months of receiving the injury. If it has been more than 12 months since the injury was received, you will need to go before the Magistrates Court to ask for an extension of time. You can get forms from the court to do this.

An application form is available to apply for financial assistance from the ACT Magistrates Court. The form should be completed as a statutory declaration and returned to the court with:

• medical and psychological reports
• police reports and statements or a police report number
• statements from other people eg, people you talked to about the crime
• receipts, invoices or quotes for expenses as a result of your injury, and details of any payments received, eg worker's compensation, Medicare
• a statement from the Victims Services Scheme or other forms of assistance if your claim is for special assistance for an extremely serious injury. How much financial assistance can I get?

You don't need to use a lawyer to make an application, but obtaining legal advice is recommended. If you do use a lawyer for this purpose you cannot be charged more than $650. The fee cannot be claimed as part of your application, so you will have the amount yourself. Some lawyers will allow the fee to be paid after you have obtained financial assistance.

After the application

The court will send the victim's application to the ACT Government Solicitor and tell you when to come back for a conference, which is an informal meeting with a Deputy Registrar from the court to discuss the application.

Someone from the Government Solicitor's office will also attend the conference and may assess your claim at a certain amount. You may wish to get legal advice about this amount.

If you do not accept the amount, or if an assessment is not made, the matter will eventually go to a hearing before a Magistrate. The Government Solicitor may continue to negotiate with you before the hearing.

The Government Solicitor may also require the victim to be examined by a doctor or other health professional, who can be chosen from an approved list. The Government Solicitor will cover all expenses of the examination. You will not be able to obtain financial assistance if you do not attend the examination.

Costs and expenses

There is no cost to file an application and you do not have to pay costs if you succeed.

If the victim has substantial expenses prior to the claim being finalised, you may be able to get an "interim award" to help pay for them. Interim awards may be made for things like medical bills, to help the victim of domestic violence to move away from her attacker, or, if the extent of the injury will take a long time to determine. The amount of an interim award will be taken into account when the final award is made.

Other forms of assistance

Other assistance for victims can be obtained from the ACT government and charitable groups.

Information for providers of services to victims of crime

If you work with victims of crime in the preparation of their financial assistance applications, please read An information guide for providers of services to victims of crime (PDF, 155kB).