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

Terms of reference

[Referral to the Victorian Law Reform Commission pursuant to section 5(1)(b) of the Victorian Law Reform Commission Act 2000 (Vic) on 22 December 2016.]

Victims of Crime Assistance Act 1996 and Victims Assistance Program

The Victorian Law Reform Commission is asked to review and report by 31 January 2018 on the provision of State-funded financial assistance to victims of family violence under the Victims of Crime Assistance Act 1996.

In conducting the review, the Commission should consider the following matters raised by Recommendation 106 of the Royal Commission into Family Violence:

1. The eligibility test and whether this should be expanded to include victims of family violence where a pattern of non-criminal behaviour results in physical or psychological injury

2. Within the total financial assistance currently available, have regard to the categories and quantum of awards with regard to the cumulative impact of family violence behaviour on victims

3. The requirement to notify a perpetrator, especially where the matter has not been reported to police, or no charges have been laid, or the prosecution is discontinued or the person is acquitted

4. The matters giving rise to refusal of an application except in special circumstances

5. Procedural matters to expedite the making of an award.