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Wirringa Baiya: Aboriginal Woman's Legal Centre, NSW

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Victims Compensation

If you are the victim of a violent crime, like an assault or a sexual assault, you can make an application for victims compensation. Victims compensation is money for any injuries you may have suffered as a result of the violence. You can make an application for compensation even if no-one was charged for the crime.

If you are the victim of a violent crime you should speak to a lawyer as soon as possible and get some advice about whether you should make an application for victims compensation.

Who can claim for Victims Compensation?

You can make a claim for victims compensation if:

  • You are the victim of an act of violence and have been hurt as a result
  • You are hurt as a result of witnessing an act of violence
  • You are a member of the immediate family of a murder victim

You are injured while trying to:

  • prevent someone from committing an act of violence
  • arrest someone who is committing an act of violence
  • help or rescue someone against whom an act of violence is being committed.

If you are under 18 a relative can make an application on your behalf and any money awarded will be held in trust until you reach the age of 18.

What type of claims are not covered?

  • You can't make a claim for victims compensation if the act of violence didn't happen in NSW;
  • It also must be proven that an act of violence happened;
  • The act of violence can't be related to a car accident.

How do you make an application?

Applications are made to a place called the Victims Compensation Tribunal, which is based in Sydney. The Victims Compensation Tribunal decides whether you get any compensation or not. An application for compensation or counselling must be made on the forms available from the Victims Compensation Tribunal, the Internet or a Local Court House.

You can make an application yourself, or if you are under 18, your parent or guardian can make an application on your behalf. Your Solicitor can also help you make an application.

When should I make an application?

An application for compensation must be made within 2 years of the date on which the violent crime occurred. If you were abused or assaulted and more than 2 years have gone by you may be able to get special permission to make a late application. Speak to your Solicitor about this.

Counselling

It is also possible to make an application for counselling to help deal with the emotional and mental pain caused by the crime. This is a good idea if you are feeling angry or depressed.

If you would like to speak to someone about making an application for Victims Compensation call:

Wirringa Baiya Aboriginal Women's Legal Centre

1800-686-587

(02)9569-3847

Victims Compensation Tribunal

1800-069-054

Victim's of Crime 24hr information & Support Line

1800-633-063

Disclaimer: The information contained on this Fact Sheet is only meant as a guide and cannot replace legal advice. If you have a legal problem you should speak to a lawyer for some legal advice. Wirringa Baiya Aboriginal Women's Legal Centre excludes liability for any loss suffered by any person which results from the use or reliance upon the information contained on this Fact Sheet.

Last modified 2004-02-22 01:30 AM
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