Outcome

Following extensive consultation, the Attorney-General, Simon Corbell MLA has announced that the ACT Government will prepare a Bill to provide a modern Victims of Crime Financial Assistance Scheme, making it more widely available to victims and more user‑friendly for those applying for assistance.

Review Process

The Justice and Community Safety Directorate conducted a review into the operation of the scheme for the provision of financial assistance to victims of crime under the Victims of Crime (Financial Assistance) Act 1983.

The Victims of Crime Financial Assistance Scheme has been in place since 1998 in its current form and a range of issues about the operation of the scheme have been raised since the scheme commenced. These include comments by the Ombudsman in the 2012 report – ‘Administration of Applications for Financial Assistance under the Victims of Crime (Financial Assistance) Act 1983’.

An issues paper [PDF 255 KB] released in April 2013, sought community and stakeholder views on the current scheme and options for possible changes to improve the support provided to victims of crime.  Submissions identified the need for changes to the administration and the eligibility criteria for the current scheme.

The submissions received to the review can be accessed by following the link on the agency or person’s name below:

• Aboriginal Justice Centre
• ACT Bar Association
• ACT Children and Young Persons Commissioner
• ACT Human Rights and Discrimination Commissioner
• ACT Law Society and Australian Lawyers Association
• ACT Victims of Crime Commissioner
• Alcohol Tobacco and Other Drug Association ACT
• Andrew Freer
• Australian Federal Police Association
• Canberra Rape Crisis Centre
• Clayton Utz
• Community Services Directorate
• Domestic Violence Crisis Service
• Individual A
• Legal Aid ACT
• Robyn Holder
• Transport Workers Union
• Victims of Crime Financial Assistance League
• Women's Legal Centre

Responses to the issues paper and recent reforms of interstate schemes have been used to inform the development of proposed changes to the existing scheme. 

The key changes proposed were to:

• move from a court-based scheme to an administrative scheme to make the process of accessing the scheme more user friendly, timely and predictable; and
• take a fairer approach to eligibility for recognition payments which would broaden the range and number of victims eligible for these payments.

The Attorney-General, Simon Corbell MLA sought comment on the proposed changes.  A description of the model for the new scheme and an outline of the proposed eligibility criteria can be accessed here. 

Submissions to 2014 proposed model:

• Alec Cortez
• Tammara Haines
• Anonymous
• Individual B
• Victims of Crime Assistance League
• Victims of Crime Commissioner – comment on proposal
• Victims of Crime Commissioner – comment on PwC report
• Australian Federal Police Association
• Clayton Utz
• Women’s Legal Centre
• ACT Human Rights Commission

Additional Information 

After the ACT issues paper was published, NSW released a Report on the review of the NSW Victims Compensation Scheme. NSW has also introduced a Bill into its Parliament proposing a new administratively based scheme. The NSW Report and Bill may provide useful information when considering a submission to the Review of the ACT’s Victims of Crime Financial Assistance Scheme.

Of particular interest are the reform principles and priorities the proposed NSW Scheme is based on (page 47 of the Report):

• Financial viability
• Allocation of funds being prioritised to:
       o meet the immediate needs of victims of violent crimes
       o provide financial assistance and rehabilitation
       o recognise and acknowledge the trauma suffered
• Consistency with the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power