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25 September 2013

Victims Compensation . in NSW . 25 September 2013. Victims Rights & Support Act 2013. The information provided in this session is for information purposes only. It must not be relied on as legal advice. You should seek legal advice about your own particular circumstances.

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25 September 2013

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  1. Victims Compensation . in NSW 25 September 2013 Victims Rights & Support Act 2013

  2. The information provided in this session is for information purposes only. • It must not be relied on as legal advice. • You should seek legal advice about your own particular circumstances.

  3. Today’s Topics • Forms of Compensation Available • How to Make a Claim • Recent Changes

  4. Compensation Counselling Immediate Needs Economic Loss Recognition Payments Restitution

  5. Four types of Support

  6. 1) Counselling: Who is Eligible? Anyone who has been injured as a result of: May be eligible for free face to face counselling through the “Approved Counselling Scheme” • An act of violence (AOV) in NSW • Witnessing an AOV • Learning of AOV committed against your child or dependent • A family member being killed in a motor vehicle accident • Preventing an AOV • Arresting someone committing an AOV • Helping or rescuing someone from an AOV • A family member being murdered

  7. 1) The Approved Counselling Scheme

  8. 2) Financial Assistance: Immediate Needs WHO IS ELIGIBLE? WHAT COSTS ARE COVERED? • Emergency Medical/Dental Expenses • Relocation & security costs • Funeral costs (max $8,000) Only Primary Victims WHAT EVIDENCE IS REQUIRED? TIME LIMITS No later than two years from the incident. • Police or Medical Reports • Evidence of any expenses being claimed

  9. 3) Financial Assistance: Economic Loss WHO IS ELIGIBLE? WHAT COSTS ARE COVERED? • Loss of earnings • Cost of living expenses • Justice-related expenses • Damages to personal effects • Medical and dental expenses • CAPPED AT $30,000 • Primary victims • Parents of child victims • Family members of homicide victims WHAT EVIDENCE IS REQUIRED? • Police Reports • Reports from government agencies • Evidence of any expenses being claimed

  10. 4) Recognition Payments The final kind of financial assistance available to victims is a Recognition Payment. This is a lump sum payment that aims to acknowledge the trauma suffered by the primary victim. The amount that a victim will receive is dependent on the kind of crime that was committed.

  11. 4) Recognition Payments

  12. 5) Where does the money Come from? “Victims Compensation Fund” Victims Perpetrators State Govt. Funds If a person is convicted of an offence that caused the victim’s injury, that person may be ordered to pay some or all of money that was paid out as compensation, back into the Victims Compensation Fund. This is called a “Restitution Order”.

  13. HYPOTHETICAL SCENARIO Sarah had been in an abusive relationship with the father of her child for a number of years. Sarah suffers psychological injuries as a result of the abuse. Sarah’s partner has physically assaulted her in the past, but recently injured her so badly that she required medical attention. Sarah and her daughter left the family rental property after the incident. They are currently living with a friend. Sarah is looking for work. Her only source of income is the Newstart allowance. Can Sarah apply for Victims Compensation?

  14. HYPOTHETICAL Scenario If Sarah successfully applied for Victims Compensation she could expect to receive:

  15. Making A Claim How to Apply Evidence Required Time Limits Help to apply How long does it take? Confidentiality

  16. 1) How to Apply • Online • Log on to www.lawlink.nsw.gov.au/vs and click on the “Forms” Section • Fill out and submit forms online • Offline • Send completed form to: • The Commissioner ofVictims Rights • Victims Services • Locked Bag 5118 • PARRAMATTA NSW 2150

  17. 2) What Evidence is Required? • The Act says that the applicant must provide evidence sufficient to support, on the balance of probability, their claim to be a victim of an act of violence.

  18. 3) Time Limits • Applications must generally be made • within 2 years of the incident. • Child victims can make an application within2 years of turning 18. • Victims of sexual assault and domestic violence can claim up to ten years from the offence. • No time limit applies to victims of sexual assault that were under 18 at the time of the incident.

  19. 4) Help to Apply

  20. 5) How Long Does it take? Victims Services estimate that claims will be finalised within 6-12 months. However, the process may take longer if they need to gather more information from the police or other agencies.

  21. 6) Will the Offender Know About the Application? If the offender was convicted of a criminal offence and you receive a recognition payment we will take action to recover the amount from the offender. Some information may need to be made available to the offender. But information about the victim’s whereabouts for example, will not be released.

  22. Recent Changes Victims Rights & Support Bill Existing Claims Old system v New System

  23. 1) Recent Changes The Victims Compensation scheme that we have been discussing today has been running since June this year. One of the most common reasons cited for changing the scheme were the long delays in processing claims. • “The current scheme simply isn’t meeting the needs of victims of crime. It takes too long, it’s not focused on real and practical help, and tries to fit victims into boxes rather than treating them as people. Also victims weren’t adequately supported through the process and had to tell their story multiple times.” • - MANDY YOUNG, Commissioner of Victims Rights

  24. 2) Criticisms of the New System The main criticisms of the new scheme are summarised below:

  25. 3) Criticisms of the New System 4) Evidence Requirements 5) Economic Loss/Gender Bias • Evidence requirements are onerous. • Accessing medical/financial documents can be expensive. • Many incidents of violence are not reported to police or government agencies. • Victims who have been required to relocate as a result of an act of violence may no longer have access to receipts/invoices for all the losses incurred. • The economic loss payments have been criticised as favouring those victims who are employed, rather than those who perform home duties. A coalition of 30 legal, community, health and women's organisations have complained to the United Nations Special Rapporteur on Violence Against Women about the changes to the NSW victims' compensation scheme and they adverse impact they will have on women.

  26. Acknowledgements • The information provided in this presentation was drawn from: • Information provided on the NSW Government’s Victims Services Website (www.lawlink.nsw.gov.au/vs) • NSW Women’s Legal Centre, “Changes to NSW Victims Compensation Scheme – Issues of Concern” Paper. • http://www.smh.com.au/nsw/arbitrary-and-brutal-nsw-compensation-changes-spark-un-complaint-20130521-2jxsb.html#ixzz2diNtWVrG

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