A ground-breaking study has debunked the myth that parents kill their children in random acts of violence, shedding light on the alarming and persistent issue of filicide— the killing of one’s child.

This study, conducted by Australia’s National Research Organisation for Women’s Safety (ANROWS) and the Australian Domestic and Family Violence Death Review Network, underscores the need for a comprehensive societal response to protect the most vulnerable.

Filicide is the second most common type of domestic homicide in Australia, following deaths involving intimate partners. Despite a decline in other forms of domestic homicide, the filicide rate in Australia remains steady at approximately 20 cases per year. From July 2010 to June 2018, there were 113 filicide cases involving 138 child victims, with 76% of these cases occurring within a context of domestic and family violence.

The study also calls for greater recognition of surviving siblings as under-researched victim-survivors and advocates for community-wide education on the effects of family violence on children. Governments are urged to take urgent action to overhaul how they work with Aboriginal and Torres Strait Islander communities.

The study underscores the need for a focus on regional and remote areas of Australia, where domestic and family violence is more frequent and severe. In these close-knit communities, accessing victim or perpetrator services discreetly can be challenging, and reporting violence may be uncomfortable or unsafe due to a lack of anonymity.

If you, or someone you know, are a close family member of a victim, please know that support is available. Each Australian state has its own scheme to assist victims. Here in Victoria, we offer our services to help you navigate the Victims of Crime Assistance Tribunal (VOCAT) process to access the support available. It’s a free service for close family members of victims of filicide. Please don’t hesitate to reach out; the scheme is here to help you.

Read more.

Australian Domestic and Family Violence Death Review Network data report: Filicides in a domestic and family violence context 2010–2018

 

YourLawyer is proud to announce a major milestone as we celebrate a decade of dedicated service in providing legal assistance to victims of crime. This occasion comes with great pride and gratitude for the opportunity to stand alongside victims on their journey towards justice and healing.

Since our inception, we have remained steadfast in our commitment to supporting those affected by violence, and our recent achievement of assisting our 7,500th applicant in January of this year is a testament to the impact of our work.

We extend our deepest gratitude to all those within the victims assistance network who have entrusted us with referrals. Your continued support has been invaluable in our mission to provide comprehensive legal support to those affected by violent crime.

As we reflect on the past ten years, we are humbled by the trust placed in us by victims and referrers alike. It has been an honour to play a role in advocating for the rights of victims and providing them with the guidance and support they need during their time of need.

Looking ahead, we remain committed to our mission of serving victims of crime with compassion, dedication, and integrity. We are grateful for the opportunity to continue making a difference in the lives of those affected by violence, and we look forward to the journey ahead.

If I could send a message back in time to myself, I would say, “Sam, tune into Radio Eastern 98.1 on Friday evenings. They play some exceptional 90s indie Aussie music”.

I wouldn’t know this piece of life changing information without the genuinely amazing experience I had travelling with Grant Hutchinson, to participate in the two community radio segments the firm has with the radio stations 98.1 and 99.1.

Every month, Hutchinson Legal and YourLawyer answer questions put to them by the listeners of community radio. I was given the opportunity to do some research on the topic of street photography. I then got to share my research on the air and participate in some broadcasted discussion about other legal matters.

It was a phenomenal time, where I was able to learn from a senior member of the law firm, do some legal research, and engage with law topics that interest the broader community. This completely unique experience is definitely a highlight of my time doing PLT placement with YourLawyer.

 

Sam Sharwood joined YourLawyer on a practical legal training (PLT) student placement in April 2024

At YourLawyer, we understand that legal representation extends far beyond courtroom battles and paperwork. It’s about advocating for individuals who have experienced trauma, guiding them towards justice, healing, and a brighter future. That’s why we’re proud to embrace trauma-informed practice as a cornerstone of our approach.

Trauma-informed practice isn’t just a buzzword – it’s a fundamental shift in perspective that acknowledges the prevalence and impact of trauma on individuals’ lives. Whether our clients are victims of crime seeking assistance under Victoria’s state-funded scheme, individuals navigating injury compensation claims, or people seeking to migrate to Australia, they often carry the weight of past experiences that can profoundly affect their well-being and ability to engage with the legal process.

So, what does trauma-informed practice mean for us at YourLawyer? It starts with our commitment to continuous learning and development. All our lawyers undergo externally provided industry-leading trauma awareness training. This equips us with the knowledge and skills to recognise the signs of trauma, respond with sensitivity and empathy, and create a safe and supportive environment for our clients.

But it doesn’t stop there. Trauma-informed practice is woven into every aspect of our interactions with clients. From the moment they contact us, they are met with understanding and respect. We meet them in the way that best meets their needs. We take the time to listen, validate their experiences, and empower them to make informed decisions about their legal journey.

This approach is especially crucial for victims of crime and injury compensation clients. These individuals have already endured immense hardship, and the legal process can often feel like a daunting and retraumatizing experience. By adopting a trauma-informed approach, we aim to mitigate further harm and ensure that our clients feel heard, supported, and empowered throughout the process.

At YourLawyer our goal is to make a positive impact in the lives of our clients. By embracing trauma-informed practice, we’re not only providing better legal representation, but we’re also fostering healing, resilience, and hope. Together, we’re paving the way towards a brighter future for those we serve.

If you or someone you know is in need of legal assistance, we’re here to help. Contact us today to learn more about our trauma-informed approach and how we can support you on your journey to justice and healing.

We are thrilled to announce a significant milestone at YourLawyer! Since 2014, our dedicated team has provided unwavering support to victims of crime. By January 10, 2024, we proudly assisted over 7,500 individuals at the Victims of Crime Tribunal.

This achievement highlights our enduring commitment to justice and advocacy for those who have suffered unjustly. Each case represents a person’s journey towards a brighter future, and we are honoured to play a part in their pursuit of healing and progress.

We extend our heartfelt gratitude to our clients for entrusting us with their stories and allowing us to stand by their side throughout their legal journey. We also thank our hardworking team, whose dedication and compassion made this milestone possible.

As we celebrate this achievement, we are reminded of the importance of providing victims with hope and the opportunity for a better tomorrow. With each case, we strive to empower individuals to reclaim their lives and move forward with renewed strength and resilience.

Here’s to the countless stories of resilience and hope, and to many more milestones ahead!

Organisations reliant on grants or funding from government, in our case funding at the discretion of the Victims of Crime Assistance Tribunal and the new Financial Assistance Scheme, are often challenged with the commercial realities impinging on the organisation’s purpose.

The low compensation the government affords us is compounded by the delay in payment so there are seasons when our staff express the sense of their work not being valued. Finding the right people who can get the balance between legal skills, managing 300 matters at a time, and communicating with clients in a trauma-informed way, has been difficult at times. In the last few years, we have been able to recruit some really good quality people and reset the foundations.

We are open for new referrals.

We note the Victims helpline and the government websites are directing victims to Legal Aid and Community Legal Centres. These organisations are under immense pressure servicing existing clients. Community Legal Centre Australia’s published a paper last month, “A Sector In Crisis”, reporting that 2 out of 3 people seeking assistance are being turned away from these organisations. As an organisation, YourLawyer firmly believes that no victim should be left without the support they need. We are committed to ensuring that victims have access to the legal assistance they require through our VOCAT services as well as other relevant legal services such as crime compensation and personal injury claims, where appropriate.

VOCAT services are free to the victim – we are funded by the Tribunal and will continue to be funded under the new Financial Assistance Scheme. It is clear that community legal centres are not coping and frustrating that organisations like ours are not being used to relieve some of the burden.

Despite these challenges, we remain steadfast in our commitment to providing exceptional legal support to victims. We reaffirm our commitment to ensuring that no victim is left without the necessary support. We believe that by working collaboratively, we can alleviate some of the burden on overstretched support services.

This episode of Australian Story revolves around Hugh Van Cuylenburg, who has a hit podcast about embracing imperfection and becoming more resilient. It took a deep and difficult look at his own family’s complexities, especially his sister’s challenges with mental health, to help him truly understand the hardships of resilience.

As amazing as Hugh’s story is, it is a statement from his sister Georgia that trumpets the courage and empowerment of victim-survivors.

“The chapter ended with ‘I mourn the loss of potential in my sister because of what that man did to her’. And I just was absolutely ‘no’! I just cannot be part of a message that says you get traumatised as a child and your life can’t be great, because that’s not true.”

 

In a small town in eastern Victoria resides an 80-year-old individual we’ll refer to as “Liam.” Overwhelmed by a profound sense of solitude, Liam finds himself living far away from his loved ones. With cherished family members scattered across the UK, US, and Ireland, the COVID-19 pandemic rendered his reunion plans indefinitely postponed. However, an unexpected turn of events brought him face-to-face with adversity.

Recently, Liam experienced a devastating aggravated robbery that targeted his home and resulted in the loss of his life savings—$20,000 set aside for a much-anticipated overseas trip. Crushed by this sudden loss, he found himself grappling with the heartbreaking notion of never seeing his family again or returning to his Irish roots.

Amidst the despair, a glimmer of hope emerged. At YourLawyer, our dedicated team recognised the significance of family bonds and the profound impact a reunion could have on Liam’s life. We made a heartfelt application on his behalf to the Victorian Victims of Crime Assistance Tribunal (VOCAT), determined to restore his dream.

We are overjoyed to share that our endeavours bore fruit. Although property is not covered under the scheme, within a month of the application being filed, VOCAT acknowledged the emotional toll inflicted upon Liam and recognized the immense value of reconnecting with his beloved family. In a heart-warming turn of events, VOCAT awarded him $14,000 toward his journey—a symbolic gesture empowering Liam to embrace the support he deeply yearned for and to revisit his cherished Irish homeland once more.

With renewed optimism, Liam is now meticulously planning a six-month sojourn overseas. This meaningful journey will not only provide him with the much-needed solace and care from his family but also gift him with unforgettable memories to treasure.

At YourLawyer, we hold steadfastly to the belief that compassion and advocacy can transform lives. We remain committed to standing alongside those in need, fighting for justice, and helping dreams flourish.

If you or someone you know has experienced a similar situation, we are here to help. Contact us today to explore how we can assist you in navigating the path toward healing, support, and realising your dreams.

When faced with difficult circumstances, it can be hard to know where to turn for help. At YourLawyer, we believe that everyone deserves the best possible support when they need it most. That’s why we are proud to have been able to assist a recent client who found themselves in a truly challenging situation.

The client in question had been punched in the face by an offender who was later found guilty of assault and placed on a diversion program. It was a traumatic experience that left the client feeling vulnerable and scared. What’s more, the client was homeless, sleeping in a tent with nowhere else to go.

Fortunately, YourLawyer was able to help. We assisted the client with their victims of crime application, ensuring that they had the best possible chance of receiving the support they deserved. We recognized that it was important for the client to have a safe place to sleep, and so we worked with them to come up with a solution that would provide just that.

Together, we agreed that it would be safer for the client to sleep in a caravan. However, with no funds available, we knew that we would need to take action. We successfully applied on the client’s behalf to the Victims of Crime Assistance Tribunal for funds to purchase a second-hand caravan.

Despite the challenges, the Tribunal agreed to fund the caravan, recognizing the importance of providing the client with a safe and secure place to live. However, we also knew that time was of the essence. The client needed the caravan urgently, and so we petitioned the Tribunal to expedite the release of funds. The Tribunal generously agreed, allowing the client to purchase the caravan quickly and begin to feel safe and secure in their new home.

For us, the client’s gratitude was the best possible reward. We are proud to have been able to help this individual when they needed it most, and we hope that we can continue to provide such important support to those who need it in the future.

At YourLawyer, we believe in the power of community and support. We understand that life can be tough, and that sometimes you need a helping hand to get through the tough times. Whether you are a victim of crime or have suffered an injury, we are here to help. Contact us today to learn more about our services, and how we can support you on your journey.

 

 

[Photo by Kristaps Ungurs on Unsplash ]

Australia is in urgent need of healthcare professionals and teachers.

The Australian Government has put these occupations at the top of list for skilled visa processing. This means, for those who qualify, the Department of Home Affairs will make your application a priority.

If you are out of Australia at the time you apply you are an even higher priority, as are applicants on a Hong Kong Special Administrative Region of the People’s Republic of China passport or a British National (Overseas) passport.

The occupations covered include:

• Aged or Disabled Carer
• Child Care Centre Manager
• Child Care Worker
• Counsellor
• Health and Welfare Support Worker
• Health Diagnostic and Promotion Professional
• Health Therapy Professional
• Medical Practitioner
• Medical Scientist
• Medical Technician
• Midwifery and Nursing Professional
• Nursing Support Worker
• Personal Care Assistant
• Psychologist
• School Principal
• School Teacher
• Social Worker

If you are currently in one of these occupations and are considering working or living in Australia, contact us to confirm your eligibility.

The Migration Institute of Australia released a statement following revelations on 60 Minutes and in The Age and the Sydney Morning Herald regarding the role played by “migration agents” in an alleged sex trafficking ring.

As a member of the MIA, we wholeheartedly support these comments and reprint them here to spread the message.

 

Unscrupulous visa scam operators – 60 Minutes investigation into sex trafficking

While the Migration Institute of Australia (MIA) abhors the organised crime and sex trafficking operations exposed in the 60 Minutes, The Age and the Sydney Morning Herald media reports this week, the MIA wishes to correct the false impression of the migration profession put forward in these stories.

The MIA condemns the media’s use of the term ‘migration agent’ as an all-encompassing term for legally registered migration agents, unregulated education agents and those illegally providing immigration assistance in Australia.

Despite media reports, Registered Migration Agents are one of the most highly regulated professions in Australia. It is an offence to provide immigration assistance in Australia without being legally registered as a migration agent or as a lawyer or exempt person. However, the current penalties for doing so are ineffective and perpetrators are rarely prosecuted.

The MIA has called for these penalties to be increased and the criminalisation of these activities at various appearances before parliamentary enquiries, yet successive governments have been seemingly unwilling to tackle this problem.

The MIA refutes Queensland Detective Inspector Brad Phelps assertion that the police force is powerless to address the underlying migration fraud in these cases. There are established protocols for dealing with this by referral to the Office of the Migration Agents Regulation Authority and the Australian Border Force.

Registered Migration Agents are stringently regulated by the Office of the Migration Agents Regulation Authority (OMARA) and the Authority actively sanctions and bans the very small percentage of registered migration agents (statistically less than 1% over time) who breach their professional and ethical obligations.

It is in fact legislative loopholes and lack of resourcing that hamper efforts to combat migration fraud. This can be traced to several factors including a general downgrading of previous governments funding to this area.

The OMARA is only able to sanction legally registered migration agents operating in Australia; it is the watchdog for the well-regulated profession. The OMARA has no power, apart from referral to the Australian Border Force, to take action against any case involving those who operate outside the legal registration system including education agents and unlawful operators who term themselves ‘migration agents’ and those operating offshore with jurisdictional impunity

The Australian Border Force (ABF) in turn has limited means for investigation and prosecution as identified in the ABF’s own submission to the Inquiry into the efficacy of current regulation of Australia migration and education agents in 2018. This submission detailed the barriers to prosecuting migration fraud, including insufficient funding that meant only the most serious cases of migration fraud could be investigated. In addition, the ABF identified the limited administrative actions that could be taken to address unregistered and unlawful migration practice, its limited powers to enter premises and seize evidence, and the evidentiary requirements for prosecuting such fraud.

The MIA has long urged previous governments to take a stand against education agents who patently breach the Migration Act 1958 in providing migration assistance with impunity while not registered as migration agents. Education agents are not regulated in Australia yet support the international education sector that was Australia’s third largest export and was contributing close to $40 billion per annum to Australia’s economy pre-COVID.

Corrupt operators of private Registered Training Organisations (RTO) lacking integrity are complicit in perpetrating this fraud, as detailed in the media report, by not complying with the reporting obligations for the registration of course for international students.

The MIA welcomes the current governments moves to introduce legislative reforms to combat migrant worker exploitation and has identified that student visa holders, as well as student visa fraud, are central tenets of this exploitation.

The Migration Institute of Australia calls on the government to:

• increase the financial resourcing to the Australian Border Force for the specific purpose of investigating migration fraud at all levels
• undertake urgent review of the processes that prevent the Australian Border Force from effectively prosecuting migration fraud
• implement recommendations for more stringent penalties for migration fraud and illegal provision of migration assistance and the criminalisation such conduct
• increase regulation of the international education sector, course offerings and education providers
• introduce stringent regulation of education agents operating in Australia and those providing service offshore to Australian education providers, in the same manner as Registered Migration Agents
• conduct an audit of the operation of all private Registered Training Organisations providing CRICOS approved courses to international students, to identify and deregister those operating fraudulently.
• implement protections against migration fraud by only accepting visa applications lodged by legally registered migration agents and legal practitioners or the visa applicant directly.

The MIA reminds consumers to only obtain migration advice and assistance from Registered Migration Agents or legal practitioners experienced in immigration law. The MIA’s ‘Find a Migration Practitioner’ provides a list of its members who meet not only the highest professionals and ethical regulatory standards, but also the additional standards of the MIA’s own Members’ Code of Ethics and Practice.

As a Victims of Crime lawyer, I often have family violence victim survivors coming to me with chilling stories of coercive control. They recount to me situations of isolation, deprivation, intimidation and humiliation at the hands of their abuser, and ask me if they can make an application for assistance to the Tribunal. I then have to ask them, “did the Alleged Offender ever physically assault you? Or threaten to? Did they ever sexually assault you? Or attempt to?” Essentially disregarding what they have disclosed to me and attempting to find an act of violence that is recognised as either a common law offence or an offence under the Crimes Act 1958. Only then am I able to proceed with their application.

Family violence is not always physical. Coercive control encompasses actions within a domestic relationship that display a pattern of threatening, restricting and degrading behaviour. This can include physical and sexual abuse, as well as emotional and financial abuse. For family violence victim survivors, coercive control is a significant and valid form of family violence.

In Queensland, the move to criminalise coercive control followed the 2020 murders of Hannah Clarke and her three children. Clarke and her children were fatally burned in her car in a petrol fire lit by her estranged husband. It later emerged that Clarke had been the victim of coercive control throughout the marriage.

In New South Wales, the Crimes (Domestic and Personal Violence) Amendment (Coercive Control – Preethi’s Law) Bill 2020 amended the Crimes (Domestic and Personal Violence) Act 2007 to create an offence of engaging in conduct that constitutes coercive control. Conduct includes making the other person dependant on the person, isolating the other person from sources of support, controlling the other person’s day-to-day activities, depriving the other person of their freedom, depriving the other person of access to support services, or acting in a way that frightens, humiliates, degrades or punishes the other person. Internationally, legislation has been introduced in the UK criminalising coercive control, following a campaign by Women’s Aid.

Of course, not all behaviour of the kind listed above meets the threshold of being considered coercive control. This does create the potential for frivolous claims to be brought before the courts. To address this issue, the New South Wales legislation makes reasonableness a defence in criminal proceedings brought against a person for coercive control offences. This means that it is a defence if the conduct is reasonable in the particular circumstances.

As of 12 August 2022, Australia’s attorneys-general met to discuss ensuring consistent coercive control laws are implemented nationally. This reform will not only ameliorate the criminal justice system, but allow victims of coercive control across Australia to access the assistance necessary to their recovery.

 

For more information on this post, please contact YourLawyer.

The ABC ran a story (20 Aug 2022) about a Melbourne light pole manufacturer whose employee’s visa had been refused because the employer had not met the labour market testing requirements. This prompts the question, what are the labour market testing requirements?

The Principle

Generally, we expect governments to act in the best interests of their citizens. In the migration space, this manifests itself in the basic principle that we do not import workers for jobs that Australian workers can do. Our skill-based visas are targeted at overseas workers for occupations with high vacancy rates.

During the COVID-19 pandemic, with many workers having their employment disrupted, the Australian Government enhanced the labour market testing requirements “to ensure that Australian workers are prioritised for job opportunities in Australia”.

With some exceptions, predominantly related to international trade obligations, an employer seeking to sponsor a worker on specified visas must prove to the Department of Home Affairs that no Australian worker is willing and able to take the position. This is done by testing the labour market – that is, advertising the position to prove that no suitably qualified and experienced Australian worker can be found.

Advertising

The Regulations give very specific details as to the method and timing of the advertising. For example, the position needs to have been advertised on the Australian Government’s own Workforce Australia website. Additionally, at least two other advertisements need to run through mediums with a national reach. The advertisements need to run for at least four weeks. On conclusion, the sponsor’s nomination needs to be lodged within four months.

The company in the ABC story appears to have conducted labour market testing but did not comply with the required timelines in the legislation. Under Department policy, the delegate assessing the application has no room to waive the requirement that the labour market testing was conducted within the last four months and the application must be refused.

Consequences

Having done the hard work of finding a suitable worker to fill a critical position, it may all come undone due to a seemingly minor technicality. The visa application fee is forfeited, the skills assessment, health and language tests will likely expire and, in this case, the worker may be required to leave Australia.

Get Help

It is important you get advice when sponsoring an international worker. If you require assistance with your visa sponsorship or nomination, feel free to get in touch with us at YourLawyer (+61 3 9870 8777).

Priority Migration Skilled Occupation List

The Australian government is currently giving top priority to these occupations for skilled migration visas. The 44 occupations (with ANZSCO code) are:

• Chief Executive or Managing Director (111111)
• Construction Project Manager (133111)
• Accountant (General) (221111)
• Management Accountant (221112)
• Taxation Accountant (221113)
• External Auditor (221213)
• Internal Auditor (221214)
• Surveyor (232212)
• Cartographer (232213)
• Other Spatial Scientist (232214)
• Civil Engineer (233211)
• Geotechnical Engineer (233212)
• Structural Engineer (233214)
• Transport Engineer (233215)
• Electrical Engineer (233311)
• Mechanical Engineer (233512)
• Mining Engineer (excluding Petroleum) (233611)
• Petroleum Engineer (233612)
• Medical Laboratory Scientist (234611)
• Veterinarian (234711)
• Hospital Pharmacist (251511)
• Industrial Pharmacist (251512)
• Retail Pharmacist (251513)
• Orthotist or Prosthetist (251912)
• General Practitioner (253111)
• Resident Medical Officer (253112)
• Psychiatrist (253411)
• Medical Practitioners nec (253999)
• Midwife (254111)
• Registered Nurse (Aged Care) (254412)
• Registered Nurse (Critical Care and Emergency) (254415)
• Registered Nurse (Medical) (254418)
• Registered Nurse (Mental Health) (254422)
• Registered Nurse (Perioperative) (254423)
• Registered Nurses nec (254499)
• Multimedia Specialist (261211)
• Analyst Programmer (261311)
• Developer Programmer (261312)
• Software Engineer (261313)
• Software and Applications Programmers nec (261399)
• ICT Security Specialist (262112)
• Social Worker (272511)
• Maintenance Planner (312911)
• Chef (351311)

Applicants will need to be sponsored by an Australian employer.

As the borders are now opening up, candidates for other occupations should also consider lodging applications.

Whether you are an employer or an employee, contact YourLawyer for further information.

In the midst of an oppressive pandemic where the normal struggles of daily life have been distorted by absurd confusions such as, “Do I have to wear a mask in this shop?”, we suddenly encounter Christmas. It has come, and it is here, whether we are ready for it or not.

We have been so consumed by getting through and surviving each day, many of us have little capacity for anything else. Numerous colleagues are approaching the end of the year hoping just to switch off and find a place to rest.

It has been intense and recent news from heath authorities gives no expectation of any remarkable relief in sight.

Despite that, a celebration is taking place. Historians attest to the event. Christians contend that Jesus was God come to dwell with us in human form. That claim was as hard to believe 2000 years ago as it is today, but there it is!

Perhaps it is no longer fashionable to reflect on God at Christmas time. We would rather celebrate the reunion of family and enjoy our friends. And worthy are these things of celebration. But possibly, just maybe, this year more than ever, it might be healthy to look beyond ourselves for a little while.

From 13 November 2021, three skilled visas have been added to the list of visas available to applicants who have been Section 48 barred.

Section 48 limits the visa options for applicants who are in Australia and have had a visa refused or cancelled.

Until now, the main visas available were Protection, Partner or Retirement.

Added to the list earlier this month were subclass 190, 491 and 494. These are visas for skilled applicants who plan to work and live in the regions or have been nominated by a state or territory.

 

 

Continuing on from last month’s article discussing our recent trip to VCAT to appeal a decision of the Victims of Crime Tribunal…

Our client was a victim of childhood sexual assault suffering extensive psychological injury as a result of the violence. She claimed from VOCAT Category A Special Financial Assistance, medical expenses for pharmaceuticals and home renovation costs as an item to assist recovery in exceptional circumstances.

VOCAT chose not to make an award deeming that she had not been a victim of crime. We took this decision to VCAT.

One aspect of VCAT’s decision that may be of interest to readers is that the alleged offender was acquitted on appeal to the offence against our client, yet VCAT determined an award should still be made. It is important for our clients and referrers to know that a criminal conviction for an act of violence does not need to be established for a VOCAT award of assistance to be made.

Under the Victims of Crime Assistance Act 1996 (Vic), an act of violence is defined as a criminal act or series of criminal acts that occurred in Victoria and directly resulted in injury or death to one or more persons. Being able to establish that an act of violence occurred is what is needed for a VOCAT application, rather than the existence of a criminal conviction.

Last month, YourLawyer was successful in overturning a decision by VOCAT to deny financial assistance to an Applicant.

Following a trial in the County Court in June 2015, the alleged offender was found guilty of one charge of sexual penetration of a minor. This was successfully appealed in September 2016 and the alleged offender was acquitted.

In 2017 YourLawyer agreed to assist the Applicant in a VOCAT claim for financial assistance based on her allegations that she was a victim of childhood sexual
assault. Last year VOCAT determined that it was not satisfied on the balance of probabilities that the Applicant was a victim of crime and refused to make an award of assistance.

YourLawyer appealed this decision before VCAT on behalf of the Applicant. VCAT set aside the VOCAT decision finding the Applicant has suffered a significant adverse effect as a direct result of an act or acts of violence committed against her and is eligible to receive assistance. The Tribunal awarded special financial assistance and medical expenses.

There are a number of elements of this VCAT review that we will explore in future articles. For the moment it is sufficient to say that we are pleased to see that the appeal system has worked as it should, and that the Applicant is now able to receive financial assistance.

(This article contains references to sexual abuse that some readers may find disturbing.)

 

“A classic example of systems abuse,” states Grace Tame, referring to the loophole commonly used by convicted paedophiles of hiding assets in their superannuation, preventing survivors from accessing these assets as compensation.

Under the current Bankruptcy Act, superannuation is not able to be accessed as a source of compensation for a damages claim. This means that convicted paedophiles can transfer their assets to their superannuation and avoid paying survivors compensation, despite a successful civil suit.

This loophole has become common practice for paedophiles. In 2001, former Magistrate Peter Liddy was sentenced to twenty-five years in jail after being found guilty of sexually abusing multiple boys between 1969 and 1986. However, when compensation was paid to the survivors, his superannuation was not able to be included.

Similarly, in 2019 Melissa Snelling’s adoptive father, Robert Snelling, was sentenced to seven years and eight months in jail after being found guilty of sexually abusing her from the ages of two until twenty-three. However, before he was jailed he attempted to dispose of his assets and Ms. Snelling was unable to access his substantial superannuation as a part of her compensation.

Further, former Bega Cheese CEO Maurice Van Ryn was sentenced to fourteen years in jail after being found guilty of sexually abusing ten boys and girls from the ages of eight to sixteen. However, the survivors were unable to access hundreds of thousands of dollars he had in superannuation as a part of their compensation.

Survivors’ advocates have been championing change to the relevant legislation for some time. In 2018, a spokesman for Assistant Treasurer Stuart Robert stated that the Coalition would allow for victims of crimes such as sexual abuse with unfulfilled compensation orders to access the superannuation of the offender. However, there were concerns that once released from jail, convicted paedophiles would be required to resort to welfare.

What was failed to be considered, is the welfare status of many survivors of sexual abuse. It was explained by Ms. Snelling that, as a result of the long-term abuse committed against her, she is unable to work and is instead resigned to welfare – as well as needing to pay for constant mental health support. As it currently stands, the legislation allows for survivors to live off welfare while their abusers are able to return to opulent lifestyles once released from jail.

Survivors of sexual abuse can seek government-funded compensation through the National Redress Scheme or the Victims of Crime Assistance Tribunal. However, they must meet certain criteria to be eligible for these schemes and the compensation available is capped. Survivors are able to pursue a personal injury claim civilly or, once the offender is convicted, under Section 85B of the Sentencing Act, where they seek to be compensated directly by the offender. However, they will remain unable to maximise their compensation while offenders are able to hide assets in their superannuation.

Advocate and lawyer Andrew Carpenter has been campaigning for change to this legislation since 2020. “It’s going to save the taxpayer, it’s going to punish offenders, and it’s going to finally be something that compensates survivors,” he has stated.

The campaign for law reform is supported by the Grace Tame Foundation, Fighters Against Child Abuse Australia, and the Carly Ryan Foundation. A petition started in 2017 calling for law reform was supported by 42,627 signatures as of 22 June 2022.

 

For further information or to discuss the contents of this article, please contact Chloe Bond of YourLawyer.

A recent episode of the ABC’s 4 Corners program highlighted a concerning trend of sexual assaults occurring after victims were matched with alleged offenders through popular dating apps such as Tinder. The episode exposed the hurdles victims face when reporting the assaults to police or directly to the developers of the dating apps.

Unmatch and disappearing evidence of  particular concern is the misuse of Tinder’s “Unmatch” function by predators. Unmatch was designed to keep Tinder users safe, by enabling them to block offensive or predator users from seeing or interacting with their account. However, 4 Corners exposed how sexual predators are using Unmatch to block their victims after sexually assaulting or raping them. Because Unmatch deletes all history of communication between the users, including messages and the option to view the user’s profile, the victim may be left with no evidence of contact with the alleged offender. This “disappearing evidence” makes it difficult for police to investigate the crime.

 

Complaints to Tinder

Interviews with victims on 4 Corners suggested that Tinder does not have systems of accountability in place to respond to criminal allegations or to adequately protect its users from potential predators. Most complaints to Tinder from victims were answered with an automated email response, and not followed up further. In some cases, the predator’s account was removed. However, due to the ease of setting up a Tinder account – an email address and mobile number are the only forms of ID required – there is nothing to stop the predator from returning to the app. At this point, it appears that complaints to Tinder are unlikely to provide increased protection to users.

 

Complaints to Victoria Police

To have the best chance of obtaining a conviction, sexual assaults should ideally be reported to police soon after the crime. It is important that a full police statement is made. Victims of these offences should remember that just because they didn’t say “no” does not mean that they are taken to have consented to a sexual act. Not saying “no” is not grounds for police to refuse to assist.

 

Applications to VOCAT

Even if it appears that the sexual assault cannot be proved, an application for assistance can still be made to VOCAT. VOCAT is guided by “beneficial legislation.” This means it is there to help victims. VOCAT does not require an offender to be convicted, nor necessarily charged. However, if a charge is laid, the application will have a greater prospect of success.

 

Personal safety

To avoid any evidentiary issues arising in the event of an assault, it is recommended that Tinder not be used as a primary platform for communication, as conversations and history can be deleted via Unmatch. At a minimum, users of any dating app should record the name and details of their date in another form, so that any alleged offender can be identified and located by police.