The Victims of Crime Assistance Tribunal (VOCAT) was established by legislation to provide financial assistance to victims of violent crime committed in Victoria. They assist victims to recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime.
According to the Victims of Crime Assistance Tribunal Act 1996, a criminal conviction is not a pre-requisite for the Tribunal to find that an act of violence has occurred. It is only necessary for the act of violence to be established on the balance of probabilities1 and not beyond reasonable doubt as required in the criminal context.
Despite this, victims of sexual assault frequently have to await the outcome of a criminal proceeding before VOCAT will hear their case.
VOCAT’s tendency to wait for the criminal proceedings to be finalised before making a decision is against the spirit of the Act2 and detracts from the intended ‘victim focus.’
The reality of these delays often means that people’s recovery needs aren’t met in a timely matter, given how long trials can take. People also can’t access the full benefits of their VOCAT awards whilst criminal proceedings are on foot – which we know is a highly stressful, triggering time for victim-survivors. It would be ideal if they could use these recovery tools (as that’s what awards are intended to be after all!) whilst matters are on foot.
People are able to access interim payments, however, victims must demonstrate acute urgency, requiring significant evidence and work to meet their criteria. In addition, the amounts offered are quite limited.
COVID is causing further issues – when criminal trials are being delayed and adjourned to 2022 dates, VOCAT is also deferring its decisions.
For example, VOCAT struck out one of our client’s Applications and invited her to “re-approach the Tribunal” once the criminal matters had been finalised. The trial has been adjourned to August 2022. Our client felt like she had done something wrong and that she wasn’t believed by VOCAT.
People’s recovery needs are also everchanging, and the items included in a statement of claim can become outdated in the context of ongoing delays. This is particularly relevant for younger clients who are growing into adulthood.
These delays put those who choose to engage with the court processes at a disadvantage in terms of timeliness of access to awards –they are more likely to achieve an outcome in a matter where there are no charges, before a matter where charges have been pressed and criminal proceedings initiated.
We are noticing that these significant delays are missing a ‘window of opportunity’ in a person’s recovery journey. Often, people are ready to seek some kind of help in relation to their victimisation at the point of engaging with a service for help with VOCAT. When faced with continuous delays, they can be disheartened by the process and awards can lose some of their meaning and impact.
– [1] Pursuant to section 31 of the Act, [2] Section 50(4)
Thank you to Dr Kate Seear for her assistance with this post. Read more about Dr Seear here.
