Family Violence and the Victims of Crime Assistance Act 1996: Consultation Paper

Posted on June 19, 2017

Glossary

Aboriginal	In this paper, a generic term to refer to both Aboriginal and Torres Strait Islander people, unless otherwise specified.
Act of violence	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to a criminal act or a series of related criminal acts, whether committed by one or more persons, that directly results in injury or death to one or more persons.
Balance of probabilities	The standard of proof in civil proceedings. Often described as ‘more likely than not’ or ‘more probable than not’. This is a lesser standard than beyond reasonable doubt. The balance of probabilities is the standard of proof required under the Victims of Crime Assistance Act 1996 (Vic).
Beyond reasonable doubt	The standard of proof in criminal proceedings. This is a higher standard than the balance of probabilities.
Common law	Law that derives its authority from decisions of the courts rather than from legislation.
Compensation	Monetary payment intended to compensate in part or in whole for an injury suffered as a result of the commission of a criminal offence. While this term is sometimes used to describe victims’ financial assistance schemes in other jurisdictions, this paper uses the term ‘financial assistance’ to refer to money that a victim may be eligible for under the Victims of Crime Assistance Act 1996 (Vic).
Child	A person under the age of 18 years.
Criminal act	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to an act or omission constituting a relevant offence, or which would constitute a relevant offence if the person had not been incapable of being criminally responsible for it on account of age, mental impairment or other legal incapacity preventing them from having a required fault element, or the existence of any other lawful defence.
Criminal offence	A crime against the state. Most criminal offences are specified in the Crimes Act 1958 (Vic). The main categories of criminal offence are indictable offences, indictable offences triable summarily, and summary offences.
Director of Public Prosecutions (DPP)	The official who makes decisions about whether to prosecute serious criminal matters and is independent of government. The Victorian Director of Public Prosecutions is responsible for prosecuting criminal offences under Victorian law. The Office of Public Prosecutions conducts criminal prosecutions on behalf of the Director of Public Prosecutions.
Family member	In this paper, has the meaning as defined in the Family Violence Protection Act 2008 (Vic). Includes a relative, a person who is or has been a person’s spouse or domestic partner or with whom they have or have had an intimate personal relationship, and a child who regularly resides with the relevant person or a child of a person with whom the relevant person has or has had an intimate personal relationship.
Family violence	In this paper, has the meaning as defined in the Family Violence Protection Act 2008 (Vic). Refers to behaviour by a person towards a family member that is physically abusive, sexually abusive, emotionally abusive, psychologically abusive, economically abusive, threatening, coercive, or in any other way controls or dominates the family member and causes them to fear for their safety or that of someone else. Also includes behaviour by a person that causes a child to hear or witness, or otherwise be exposed to the effects of the above behaviour.
Family violence intervention order	A civil order made under the Family Violence Protection Act 2008 (Vic) by a court, which contains conditions to protect a victim of family violence.
Family violence safety notice	A notice issued pursuant to the Family Violence Protection Act 2008 (Vic) by police when attending an incident of family violence, which contains conditions to protect a victim of family violence.
Financial assistance	In this paper, refers to money that a victim may be eligible to receive under the Victims of Crime Assistance Act 1996 (Vic).
Indictable offences	Serious crimes which attract higher maximum penalties. Usually triable before a judge and jury.
Indictable offences triable summarily	Less serious indictable offences which can be heard before a magistrate.
Judicial officer	A judge or magistrate.
Koori	In this paper, used to describe the traditional inhabitants of Victoria.
Lawyer	Includes barristers (sometimes referred to as counsel) and solicitors.
LGBTIQ	Refers to lesbian, gay, bisexual, trans*, intersex and queer persons.
Offender	Used to describe a person who has been found guilty or who has pleaded guilty to a criminal offence. The term ‘alleged offender’ is used to describe a person who is alleged to have committed a criminal offence, but who may not have been charged with or convicted of that offence.
Office of Public Prosecution (OPP)	The independent statutory authority that institutes, prepares and conducts criminal prosecutions in the County and Supreme Courts on behalf of the Director of Public Prosecutions.
Perpetrator	In this paper, generally used to refer to any person who is alleged to have used family violence, whether or not the behaviours have been reported to police or whether or not there has been a criminal prosecution or conviction. It includes offenders, alleged offenders and respondents in family violence intervention order matters.
Practice Direction	A procedural guideline issued by a judge or magistrate to guide the practice of a court or tribunal.
Primary victim	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to a person who dies, is injured or suffers a significant adverse effect as a direct result of an act of violence committed against them or as a direct result of them intervening in an act of violence.
Prosecutorial body	In this paper, refers to either Victoria Police, which prosecutes less serious (summary offences) or the Victorian Office of Public Prosecutions, which prosecutes more serious offences (indictable offences).
Quantum	A specified amount. In this paper, used to describe the amount of financial assistance that a victim can receive under the Victims of Crime Assistance Act 1996 (Vic).
Related criminal acts	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to two or more criminal acts that share a common factor, including criminal acts that are committed against the same person at approximately the same time, and criminal acts that are committed against the same person over a period of time and are committed by the same person or group of persons.
Related victim	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to a person who is a close family member of, a dependent of, or a person who has an intimate personal relationship with, a person who dies as a direct result of an act of violence.
Registrar	In this paper, a staff member of the Victims of Crime Assistance Tribunal with specific powers to make decisions as delegated by the Chief Magistrate.
Relevant offence	In this paper, a criminal offence that gives rise to eligibility for financial assistance for the victim under the Victims of Crime Assistance Act 1996 (Vic). It is limited to offences against the person, including offences involving assault, an injury or a threat of injury to a person, sexual offences, and the offences of stalking, child stealing and kidnapping.
Restitution	In this paper, refers to restitution orders made under the Sentencing Act 1991 (Vic). Restitution orders require a person convicted of a criminal offence to restore or return something lost or stolen, or its equivalent, to its rightful owner.
Secondary victim	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to a person who is injured as a direct result of witnessing an act of violence or as a direct result of finding out about an act of violence that has been committed against their child.
Significant adverse effect	In this paper, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to any grief, distress, trauma or injury experienced or suffered by a primary victim as a direct result of an act of violence.
Special financial assistance	In this paper, a category of financial assistance that may be awarded to a primary victim under the Victims of Crime Assistance Act 1996 (Vic) as an expression of the state’s sympathy if they suffered any significant adverse effect as a direct result of an act of violence perpetrated against them.
Standard of proof	The degree of certainty required to prove something.
The Royal Commission into Family Violence	A 13-month inquiry, ordered by the Victorian Government, into Victoria’s response to family violence. Chaired by the Hon. Marcia Neave AO, it ran from February 2015 to March 2016. The released report consists of eight volumes and contains 227 recommendations.
Trans*	In this paper, an umbrella term to refer to all transgender, transsexual and gender non-conforming persons.
Trauma-informed practice	In this paper, a practice that involves modifying aspects of service provision to ensure a basic understanding of how trauma affects the life of an individual seeking a service.
Victim	In this paper, refers to a person who has suffered harm as a direct result of an act of violence. This paper refers to primary victims, secondary victims and related victims, as defined in the Victims of Crime Assistance Act 1996 (Vic). See also the definition of victim of family violence.
Victim of family violence	A person who has experienced family violence, whether or not the family violence constitutes a relevant offence for the purposes of the Victims of Crime Assistance Act 1996 (Vic). Includes child victims of family violence.
Victims of Crime Assistance Tribunal (VOCAT)	The tribunal established under the Victims of Crime Assistance Act 1996 (Vic) to provide financial assistance to victims of violent crime committed in Victoria. It is located within the Magistrates’ Court of Victoria.
Victorian Civil and Administrative Tribunal (VCAT)	The tribunal established under the Victorian Civil and Administrative Tribunal Act 1998 (Vic) that hears civil and administrative legal cases in the State of Victoria. It is empowered to review final decisions of the Victims of Crime Assistance Tribunal.