1. Victim Assist Queensland
“Supporting victims of violent crime in Queensland”

2. Outcomes from this session
Knowledge and understanding of:
The role of Victim Assist Queensland including referral to support services
How financial assistance can help victims of crime to recover
Who may be eligible and how to apply for assistance
The Fundamental Principles of Justice – rights of a victim of crime

3. What is Victim Assist Queensland?
The new Department of Justice and Attorney General scheme for victims of violent crime that commenced on 1 December Replaced criminal injury compensation.
Victims LinkUp information and referral service to support services
Financial Assistance – process and decide applications for financial assistance.
Victims Services Coordination Unit
Community Research and Liaison Officers
Regional Coordinators (Cairns and Townsville)
Victim Coordination Officers
(Cairns, Townsville, Ipswich and Rockhampton)

4. Victims LinkUp – Information and Referral Service
Five days a week, 8.30am to 5pm.
Full website at
Access to information about financial assistance and other relevant info
Help to fill out application forms
Access to over 100 support services for victims of crime, Queensland wide
Assistance with lodging a complaint against a government agency if a victim feels their rights have been breached
Fully trained information officers. Free interpreters call

5. What support services do we refer to?
Victims LinkUp don’t case manage or provide counselling.
They find out what the client needs might be and refer to the experts in the
specialist services. No wrong door policy.
DVConnect, Relationships Australia Victim Counselling Support Service,
Livingwell for Men, Statewide Sexual Assault Service, Protect All Children
Today (PACT), Women Working with Women with Intellectual and Learning
Disabilities (WWILD), Immigrant Women’s Support Service (IWSS),
Bravehearts, Gold Coast Centre Against Sexual Violence, Centacare, Lifeline,
Queensland Homicide Victims Support Group (QHVSG), Queensland Health
Victim Support Services (QHVSS), Court Network……
And many more services and growing! All listed on our website. All
government funded. All free or low cost.

6. Reporting the act of violence- What does someone have to do before they can apply to Victim Assist?

7. An act of violence is defined as:
‘A crime or series of related crimes, whether committed by one or
more persons, that has occurred in Queensland and directly
resulted in the death or injury to one or more persons’
Acts of violence include:
Murder, attempted murder, manslaughter
Assault
Grievous Bodily Harm (GBH)
Sexual offences
Robbery with violence to the person
Dangerous driving causing death or GBH
Kidnapping/stalking/deprivation of liberty

8. The act of violence must have been reported and an injury suffered
Victims of acts of violence that occurred post 1 December 2009, can
claim for financial assistance where it can be established that an act of
violence and an injury (physical or psychological) has occurred.
For most victims this will be:
a report made to the police
a Victim Assist Queensland Medical Certificate completed by a doctor (or dentist or psychologist)

9. When the act of violent does not need to be reported to Police
For special primary victims the report can be made to the police OR their
doctor, counsellor or registered psychologist. This includes;
Under 18’s
Adults with an impaired capacity
Victims of a sexual offence
Offence committed by someone in trust or power or influence at the time of the act of violence
A primary victim who is threatened or intimidated by the person who committed the act or by someone else
* A Victim Assist Queensland Medical Certificate will always be needed

10. Acts of violence prior to 1 December 2009
The right to apply for criminal injury compensation under COVA or the Code ended
on 30 November 2009.
For acts of violence before 1 December 2009, a victim must have been eligible
under the old scheme to become eligible under Victim Assist.
- Offender must be convicted in District or Supreme court; or - Victim is notified that the offender is unable to be convicted because of the Mental Health Act, or the offender could not be located, or the offender is a child under the age of No Parent Secondary Victim or Witness Victim Categories

11. A person may not be eligible if:
Reporting the act of violence: If in the absence of a reasonable excuse the act has not been reported to a police officer, or for a special primary victim, a police officer, counsellor, psychologist or doctor.
Primary victim criminal activity: If the primary victim committed or conspired to commit the act or the primary victims involvement in a criminal activity caused or partly caused the act.
Assisting arrest or prosecution of offender: If the person has no reasonable excuse to have not given reasonable assistance in the arrest or prosecution of the person who allegedly committed the act.

12. Victim Categories

13. Victim categories explained
Primary victim - is a person who dies or is injured as a direct result of the act of violence. Maximum pool of assistance is $75,000
Related victim - is a person who is a close family member of, or a dependant of, a primary victim of the act who has died as a direct result of the act of violence. Maximum pool of assistance is $100,000
(Sibling, Spouse, Parent, Step-parent, Person under Aboriginal tradition
or Island custom regarded as above)

14. New categories since 1 December 2009
Parent secondary victim - is a person who is a parent of a child who is injured as a direct result of the act being committed against the child and is injured as a direct result of becoming aware of the act. Maximum pool of assistance is $50,000
Witness secondary victim - is a person who witnesses a more serious (murder, manslaughter) or a less serious (all other acts) act of violence committed against someone else
More serious maximum pool is $50,000
Less serious maximum pool is $10,000

15. What is financial assistance?

16. Financial assistance explained
Financial assistance provided by the Queensland
Government pays for or reimburses the costs of goods and
services needed by a victim to recover from the physical
and psychological effects of an act of violence.
Financial assistance is designed to reach victims in a timely
manner to help reduce the stress and trauma involved for
the victim of crime.

17. Complimentary scheme
Assistance will only be paid for goods and services that have not already been covered by another scheme, such as Workcover, Medicare, Centrelink, private insurance.
The assessors will look at all other options available to the client before granting financial assistance.
Applicants are not able to “double dip”. Any relevant payment must be disclosed.

18. Categories and potential range of assistance
Primary victim – medical expenses, report expenses,
counselling, travel, damage to clothing, loss of earnings,
special assistance, legal assistance and exceptional
circumstances
Special Assistance – one off recognition payment from the State which ranges
from $130 - $10,000 dependent on the injury suffered
Loss of earnings – up to $20,000 for two years. Payslips leading up to the act
of violence must be provided
Exceptional circumstances - the act has had an unusual, special or out of the
ordinary effect on the victim

19. Categories and potential range of assistance
Related – medical expenses, report expenses counselling,
incidental travel, distress payment, legal
assistance, dependency and exceptional circumstances
Distress payment – an amount of up to $10,000 for distress suffered or
likely to be suffered as a direct result of the death of a primary victim
Dependents - that the related victim would have been likely to
receive from the primary victim if they had not died, up to two years
from their death. However, if there is more than one related victim, only
a combined total of $20,000 may be granted to related victims

20. Categories and potential range of assistance
Parent Secondary – medical expenses,
report expenses, counselling, incidental
travel, loss of earnings, legal assistance and
exceptional circumstances
Witness Secondary more serious – same as above
Witness Secondary less serious – medical expenses,
report expenses, counselling and incidental travel

21. Interim Assistance
A victim can apply for interim assistance up to $6000.
This is assistance that can be received prior to the final
application being decided for expenses that must be paid
early and which relate to the injury
The final application will be decided when all materials and
evidence have been collated to prove that the victim is
eligible to receive assistance
The assessor may grant the person assistance for
expenses incurred, or likely to be incurred by the person if the assessor
is reasonably satisfied it is necessary for the person to incur the
expenses before the general application is decided.

22. Funeral Assistance Any person who has incurred the cost of a
funeral for a primary victim that has died
from an act of violence can apply for funeral
assistance. They do not need to be a
victim.
Up to $6,000 can be paid to the person who has
been named on the invoice or receipt from the
funeral home

23. Financial Assistance Process

24. Time limit to apply for assistance
Most victims have from 3 years from the act of violence to make an application.
If the primary victim died, 3 years from the death of the primary victim.
If the victim was under 18 at the time of the act of violence, they have until they turn 21 to apply.
Extension of time: If the victim has a reasonable excuse as to why they did not apply in time, they may be granted an extension of time.

25. Lodging an application
Financial Assistance (Financial Assistance Application Form 1)
Most victims themselves will apply directly to Victim Assist Queensland
Exceptions:
Children under 18 years old, adults with an impaired capacity and people with complex needs can have another person apply on their behalf as outlined in the Act.
Children between 12 – 18 can apply directly with a lawyer
Required:
Application Form including Consent and Statutory Declaration
Victim Assist Queensland Medical Certificate

26. Fundamental Principles of Justice

27. Fundamental Principals
The Fundamental Principles of Justice state the minimum standards of service delivery that a victim of crime has the right to receive from any Queensland Government agency or officer.
They include:
Fair and dignified treatment (all agencies)
Protection of their personal information (all agencies)
Being provided with information about relevant services available (all agencies)
Being provided with information about the offender, the prosecution of the offender and the offenders bail or release (prosecuting agencies)
Being informed about their role as a witness (prosecuting agencies)
Their right to a Victim Impact Statement (prosecuting agencies)

28. Fundamental Principals complaints
If a victim feels they have not been treated in accordance with the principles they can make a complaint. This complaint can be lodged directly to the agency or through Victim Assist
The victim of crime has the chance to say what outcome they would like to result from the complaint
A Complaint Form is available on our website to help a victim lodge a complaint. However the complaint can be submitted in any format
Each complaint will be assessed by Victim Assist to decide if it has breached a fundamental principle before we handle it on a client’s behalf

29. Offender Debt Recovery
The Victims of Crime Assistance Act 2009 (the Act)
requires the Department of Justice and Attorney-General
to  seek to  recover amounts paid as financial assistance or
criminal injury compensation to victims.
Recovery action is only instigated where a conviction is
recorded against a person for a personal offence. 
This began in September 2010 and offenders may receive
a notice whilst in custody or the community.

30. Victims LinkUp- Information and referral service
Five days a week, 8.30am to 5pm.
Full website at –
Access to information about financial assistance and applications.
Help to fill out application forms
Access to over 100 support services for victims of crime, Queensland wide
Assistance with lodging a complaint against a government agency if a victim feels their rights have been breached
Fully trained information officers

31. victimslinkup@justice.qld.gov.au 1300 546 587
Contact Details John McKenna A/Community Research and Liaison Officer Victim Assist Queensland