Guide for victims applying for financial assistance

Part of the Financial assistance for victims topic

Understand what criteria victims must meet to apply for financial assistance as a victim of violent crime in Queensland.


What you should know

When you or someone on your behalf makes an application for financial assistance as a victim of crime, you will be assessed to establish your eligibility under the Victims of Crime Assistance Act 2009.

Types of victims

Primary victims

A primary victim is a person who was directly injured by an act of violence in Queensland.

Special primary victims

A special primary victim is a person who:

  • was a child when the violence happened
  • has impaired capacity
  • was threatened or intimidated by the offender or someone else.

Victims of the following offences are also special primary victims:

  • sexual offences
  • offences committed by a person in a position of power, influence, or trust
  • domestic violence that happened after 1 July 2017.

Before applying for financial assistance, a special primary victim must report the act of violence to:

  • a doctor, counsellor, psychologist, psychiatrist or domestic violence service, or
  • police.

A related victim is the close family member of a person who dies due to an act of violence. A close family member is defined as:

  • a deceased person’s partner, parents, children, siblings and financial dependents
  • this includes by law, Aboriginal or Torres Strait Islander custom.

Parent secondary victims

A parent secondary victim is a parent who was injured by learning about an act of violence that was committed against their child (who was under 18).

A parent can be:

  • birth parent
  • adopted parent
  • step-parent
  • approved carer (other than a temporary carer)
  • a person who is the parent under Aboriginal or Torres Strait Islander custom
  • a person who has a parenting order under the Family Law Act 1975 (Cwlth)
  • a person who otherwise has the right and responsibility to make decisions about the child’s daily care.

A parent does not include:

  • a person standing in the place of a parent of a child on a temporary basis, or a person granted a temporary order in relation to a child
  • the chief executive (child protection).

Witnesses

A witness is a person who was injured by seeing or hearing acts of violence being committed against someone else.

Reporting requirements

We can give financial assistance to eligible victims of an act of violence, but the violence must be reported before you apply.

All victims

All victims—except special primary victims—must report the violence to police. You can report violence to the Queensland Police Service yourself or someone else may be able to report it for you.

Special primary victims

Special primary victim can report the violence to:

  • a doctor, counsellor, psychologist, psychiatrist or domestic violence service
  • police.

Violence that happened after 2009

For acts of violence that happened after 1 December 2009, the offender doesn’t need to be convicted for you to be eligible for financial assistance.

Violence that happened before 2009

For acts of violence that happened before 1 December 2009, a person is only eligible for financial assistance if:

  • the offender was convicted or plead guilty in a District or Supreme Court
  • the police state that the offender could not be located
  • the offender went through the Mental Health Review Tribunal.

Time limit requirements

You need to apply for financial assistance within 3 years of the act of violence or if you were under 18 when the violence happened, you have until you are 21.

Extra time can only be given in special circumstances. An extension of time may be considered if something directly affected your ability to apply within the required timeframe, such as:

  • the physical or psychological effects of the violence
  • impaired capacity
  • your age at the time of the violence
  • the offender being in a position of power, influence or trust
  • other significant factors relevant to your situation

If you apply outside the timeframe, you will need to:

  • explain why you could not apply within time, and
  • provide supporting information to confirm this.
    • Supporting information from a doctor, psychologist, counsellor, or domestic and family violence support service that explains:
      • why you could not apply within time
      • how it prevented you from applying earlier.

Types of injuries

Physical injury

An injury to your body directly caused by an act of violence.

Examples: Bruises, wounds, muscle or bone injuries, damage to teeth, brain injuries, damage to senses, pregnancy (resulting from rape), or a disease you contracted from the offender during the violence.

Psychological injury

A psychological injury, illness, disorder, or impairment that was directly cause by an act of violence.

Examples: depressive disorders, anxiety disorders, acute stress disorders, or post-traumatic stress disorders.

Limitations: Substance abuse resulting from violence is not usually considered.

Aggravation of pre-existing conditions

A medical condition, psychological illness, or disability that was made worse by the act of violence.

The health practitioner that usually treats your pre-existing condition will need to complete a comprehensive clinical report. This report will tell us how your condition has changed and what (if any) additional treatment or medical support you need.

Adverse impacts

Adverse impacts are only considered if you have been a victim of a sexual offence that occurred after 19 December 1997 or a victim of domestic violence that occurred after 1 July 2017

Examples: A sense of violation, reduced self-worth or perception, lost or reduced physical immunity, lost or reduced physical capacity (including the capacity to have children), increased fear or insecurity, adverse reactions from others, a negative impact on sexual relationships or a negative impact on feelings.

Types of payments

Each type of victim is eligible for different types of payments. Victims under the age of 18 and victims who have an appointed trustee, payment will go to the Queensland Public Trustee.

Primary Victims (including Special Primary Victims)

Special Assistance Payment: This payment is between $3,000 and $15,000 depending on the type of violence.

Recovery expenses: All recovery expenses.

Related Victims

Distress payment: This payment is up to $15,000.

Dependency payment: This payment is up to $20,000 depending on the dependency of the victim.

Funeral payment: This payment is up to $15,000 for the funeral of the family member or an unborn child.

Recovery expenses: Counselling, medical, travel, report, other recovery expenses.

Parent Secondary

Recovery expenses: Counselling, medical, travel, report, other recovery expenses and loss of earnings.

Witnesses

Less serious

Recovery expenses: Only medical, counselling, reports and travelling to medical or counselling.

More serious

Recovery expenses: All witness less serious expenses and loss of earnings, reports and other recovery expenses.

Offender debt recovery scheme

In some cases, Queensland law allows the government to recover a portion of the victim’s payment from the offender.

This means we can ask the offender to pay the state back for part of the assistance granted to the victim if the offender is convicted of committing the violence against the victim.

The rules about what can be recovered are set out in the Victims of Crime Assistance Act 2009.

Safety issues

We acknowledge that some victims may have safety concerns about the government recovering money from the offender. Your ongoing safety is our priority and there are steps we can take to protect you.

If this is a concern for you and you want to know more about our safety measures, email VictimAssist@justice.qld.gov.au and include:

  • your application reference number
  • information about your safety concerns, such as
    • the offender knows where I live and I am afraid they will cause me further harm if this process occurs
    • the offender has committed domestic violence in the past and I am afraid they will cause further harm to me or others if this process occurs.

Watch Victim Assist video resources

Watch Victim Assist Queensland's video guides on how to apply for financial assistance and the application process.

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