(Last updated 11 September 2024)
This information is of a general nature and subject to change as we continue to receive advice from the Office of the CEO of the Financial Assistance Scheme.
The Victorian Government is transitioning from the Victims of Crime Assistance Tribunal (VOCAT) to a new Financial Assistance Scheme (FAS), which is expected to commence before 1 December 2024.
Below is a set of FAQs to help you understand how this change might impact your application and assist you in making informed decisions. Information on the new FAS is progressively being released and we will attempt to keep this page updated as new information comes to hand.
1. What is the difference between VOCAT and the new FAS?
The FAS replaces VOCAT as the new scheme to provide financial assistance to victims of crime. While both schemes offer similar types of support, the FAS may offer higher Special Financial Assistance (SFA) for primary victims and potentially higher distress payments for related victims. These are lump sum payments that recognise the impact of crime. Other types of assistance, like counselling and safety-related expenses, remain mostly unchanged.
2. Can I still apply for assistance under VOCAT?
No new applications to VOCAT will be accepted after FAS commences. All new applications for financial assistance must be lodged with the FAS once it begins. The FAS has not yet commenced but will commence before 1 December 2024. Most applicants are waiting to access the improved benefits under the new scheme however, if you have urgent needs, you should contact us immediately to discuss your circumstances.
3. Should I continue with my VOCAT application or wait for the FAS?
This depends on your situation. If your claim is still pending with VOCAT, you may choose to continue with VOCAT or withdraw and apply under the FAS once it commences. If you have received an Interim Award, your withdrawal must occur before the new scheme commences. If you reapply under FAS, you will need to meet the FAS criteria including time limits to apply.
For primary victims: The FAS may provide a higher SFA, which might make it beneficial to wait.
For related victims: The FAS may provide increased compensation, potentially making it worthwhile to consider waiting for the new scheme.
For secondary victims under 18: Under FAS, a child who is injured as a direct result of hearing or witnessing, or being exposed to the effects of, the violent act, is classified as a primary victim.
It is strongly recommended that you seek legal advice to determine which option is best for your case.
4. What happens if I withdraw my VOCAT application?
If you withdraw your pending VOCAT claim before the FAS commences, you can submit a new application to the FAS. However, if you have already received an interim award, you must withdraw your application before the FAS begins to ensure eligibility to reapply under the new scheme. Otherwise, you will not be able to apply under FAS once the interim award is made.
5. Will I still receive assistance for urgent needs, like counselling, before FAS starts?
Yes, you can still apply for interim awards with VOCAT if you require urgent support, such as counselling or safety-related expenses, while your VOCAT application is pending. These interim awards need to be finalised before the new FAS commences.
6. What if my VOCAT application is already finalised?
If your VOCAT application has already been finalised, you can still apply for variations (additional support) through the FAS after it commences. You will not be able to reopen a finalised claim with VOCAT, but FAS will provide a new avenue for seeking additional assistance.
7. How do time limits affect my decision to apply under VOCAT or FAS?
The FAS will have specific time limits, so if you decide to withdraw your VOCAT application and apply under the new scheme, you must ensure your new application complies with the FAS’s time limits. If your application is delayed, it may affect your eligibility.
8. How do I make the best decision for my situation?
Every victim’s situation is unique, and the decision to continue with VOCAT or wait for FAS will depend on factors like your current claim status, the urgency of your needs, and whether higher compensation under the FAS is important to you. We recommend speaking to your lawyer to evaluate your options and make an informed decision.
For further assistance or clarification, please contact our office, and we will provide tailored advice based on your individual circumstances.
Further reading:
Victims of Crime – New Financial Assistance Scheme
Victims of Crime – FAS application process
Victims of Crime – FAS application requirements
Victims of Crime – The value of legal support
Victims of Crime – The importance of validation
Victims of Crime – Victims’ diverse needs
Victims of Crime – Meeting victims’ needs
Victims of Crime – Victim recognition
Victims of Crime – Why a new scheme
Victims of Crime – Models considered
Victims of Crime – New scheme coverage
Liability limited by a scheme approved under Professional Standards Legislation
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