VCAT overturns tribunal ruling

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.


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