The Victorian Law Reform Commission conducted a comprehensive review of the current scheme of financial assistance for victims of crime in Victoria, in preparation for the design of the new financial assistance scheme. As part of this review, the Commission evaluated various alternatives to the existing scheme, examining five different models. These models included the reformed judicial model, the hybrid model, the expert panel, board or commission model, the government-administered victim assistance agency as decision maker model, and the independent, specialist decision maker model.
The reformed judicial model aims to provide more victim-centred and trauma-informed responses by increasing consistency and predictability through specialised magistrates and staff, centralising decision making, and implementing accreditation and procurement programs. While the model may deliver improved outcomes for victims, there are concerns about its ability to provide timely responses and potential for the adversarial nature of court-based models to increase trauma.
The hybrid model combines components of an administrative scheme and a judicial model, including options for judicial hearings in certain circumstances. However, the Commission believed this model would not be effective in delivering assistance to victims of crime or meeting reference objectives due to increased complexity and reliance on legal representation.
The expert panel, board or commission model may improve fairness, equity, consistency, predictability, and therapeutic effect, but may face issues with timeliness and accessibility to victims without legal representation. The quasi-judicial nature of the model may also make the process more adversarial.
The two administrative models compared were very similar – a government-administered victim assistance agency as decision maker and an independent, specialist decision maker. Both models were seen to meet reference objectives, but the government-administered model was thought to limit the scheme’s ability to maximise therapeutic effect and fairness due to lack of independent decision making. The Commission favoured the independent, specialist decision maker model on the basis it would increase fairness and equity and provide victims with a forum to be heard and acknowledged by the state through private hearings.
Since 2014, YourLawyer has been providing assistance to victims of crime. As we approach our ten-year anniversary, we look to the future in a series exploring the new Victims of Crime Financial Assistance Scheme that is set to commence in Victoria early in 2024.
Other articles in this series:
Victims of Crime – New Financial Assistance Scheme
Victims of Crime – Why a new scheme
Victims of Crime – FAS changes
Victims of Crime – New scheme coverage
Victims of Crime – FAS application process
Victims of Crime – FAS application requirements
Victims of Crime – Victim recognition
Victims of Crime – The importance of validation
Victims of Crime – Victims’ diverse needs
Victims of Crime – Meeting victims’ needs
Related Posts
