Victims of Crime Assistance Act 1996: Report (html)

Posted on September 19, 2018

Glossary

Abuse of people with disability	In this report, describes physical, sexual, financial and psychological abuse and neglect perpetrated against people with physical and/or intellectual disability.
Act of violence	In this report, has the meaning as defined in the Victims of Crime Assistance Act 1996 (Vic). Refers to specified criminal offences that directly result in injury or death to one or more persons.
Administrative	In this report, describes a system administered, or a decision made, by a government department or agency rather than judges or magistrates.
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) and the proposed Act.
Beyond reasonable doubt	The standard of proof in criminal proceedings. This is a higher standard than the balance of probabilities.
Causation	In this report, describes the relationship of cause and effect between a criminal offence and a victim’s injury, death or significant adverse effect.
Centres Against Sexual Assault (CASAs)	Specialist support services for victims of sexual assault funded by the Victorian Department of Health and Human Services.
Child	A person under the age of 18 years.
Child abuse	In this report, describes physical, sexual, emotional and psychological abuse and neglect perpetrated against a child.
Common law	Law that derives its authority from decisions of the courts rather than from legislation.
Compensation	In this report, describes a 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 report uses the term ‘financial assistance’ to refer to money that a victim may be eligible to receive under the Victims of Crime Assistance Act 1996 (Vic) or the proposed Act and proposed scheme.
Criminal act	In this report, generally refers to a term defined in the proposed Act as a criminal offence that gives rise to eligibility for financial assistance for the victim under the proposed scheme. Criminal act is also a term defined in the Victims of Crime Assistance Act 1996 (Vic). In that context, it refers to a relevant offence that gives rise to eligibility for financial assistance for the victim under that Act.
Criminal offence	A crime against the state. The main criminal offences in Victoria are specified in the Crimes Act 1958 (Vic). The main categories of criminal offences are indictable offences, indictable offences triable summarily, and summary offences.
Directions hearing	A brief hearing in front of a judicial officer in which orders are made about what should happen next in a case before a court or tribunal, such as how the case should be managed and the timeframes to apply.
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 criminal offences under Victorian law. The Office of Public Prosecutions conducts criminal prosecutions on behalf of the Director of Public Prosecutions.
Existing scheme	In this report, describes Victoria’s current scheme for state-funded financial assistance for victims of crime established under the Victims of Crime Assistance Act 1996 (Vic) and administered by the Victims of Crime Assistance Tribunal (VOCAT).
Elder abuse	In this report, describes physical, sexual, financial and psychological abuse and neglect perpetrated against older people.
Family member	In this report, includes a person’s child, parent, spouse, domestic partner or relative, including grandparents, grandchildren, brothers, sisters, aunts, uncles, nieces and nephews, as well as a person who is regarded in Aboriginal or Torres Strait Islander tradition or custom as a family member.
Family violence	In this report, 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.
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 order	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 report, refers to money that a victim may be eligible to receive under the Victims of Crime Assistance Act 1996 (Vic) or under the proposed scheme.
First consultation paper	The consultation paper published by the Victorian Law Reform Commission in June 2017 on the First terms of reference.
First terms of reference	The terms of reference issued on 22 December 2016 pursuant to section 5(1)(a) of the Victorian Law Reform Commission Act 2000 (Vic), under which the Attorney-General, the Hon. Martin Pakula MP, asked the Victorian Law Reform Commission to review and report on the provision of state-funded financial assistance to victims of family violence under the Victims of Crime Assistance Act 1996 (Vic).
Flexible support package (FSP)	Victorian state-funded support package (of up to $7000) administered by community organisations to assist victims of family violence by meeting expenses such as relocation costs or security measures to improve safety at home.
Hearing de novo	A review hearing in which the court or tribunal reviewing the original decision is not bound by that decision and considers the matter ‘afresh’ (that is, as if for the first time). The Victims of Crime Assistance Act 1996 (Vic) uses the term ‘hearing de novo’ to describe a review of a final decision made by a judicial registrar, in which the Victims of Crime Assistance Tribunal considers the application afresh.
Immediate needs	In this report, refers to one of the six streams of assistance under the proposed scheme. An award under this stream of assistance may be made to assist with a victim’s urgent and immediate needs, including urgent medical expenses or an immediate need for counselling The immediate needs stream of assistance would replace interim awards 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.
Interim award	An award made under the Victims of Crime Assistance Act 1996 (Vic) for urgent assistance pending the final determination of an application for assistance.
Intersectionality	In this report, refers to different parts of a person’s identity intersecting which may result in overlapping forms of discrimination or disadvantage.
Judicial	Describes a system administered, or a decision made, by a judicial officer.
Judicial officer	A judge or magistrate.
Koori	In this report, used to describe the traditional inhabitants of Victoria.
Lawyer	Includes barristers (sometimes referred to as counsel) and solicitors.
LGBTIQ	Refers to people who identify as lesbian, gay, bisexual, trans*, intersex or queer.
Lump sum payment	In this report, refers to money awarded to victims under the Victims of Crime Assistance Act 1996 (Vic) or the proposed scheme which is not awarded for specific expenses incurred or reasonably likely to be incurred. Under the Victims of Crime Assistance Act 1996 (Vic), lump sum payments take the form of ‘special financial assistance’. Under the proposed scheme, lump sum payments would take the form of a ‘recovery payment’.
Neglect	In this report, refers to the failure to provide someone with necessities such as food, shelter, medical care or other requisite forms of assistance.
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.
Offender recovery	In this report, refers generally to mechanisms in other jurisdictions by which the state can recover money from the responsible offender in relation to financial assistance awarded to the victim under that state’s victims of crime financial assistance scheme. In this report, the Victorian Law Reform Commission uses the term offender contribution to distinguish from a victim’s recovery from a criminal act. In this report, the term offender recovery is used where relevant to refer to other jurisdictions’ schemes.
Office of Public Prosecutions (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 report, generally used to refer to any person who is alleged to have used violence or other forms of abusive behaviour, including family violence, elder abuse, child abuse or abuse of people with disability, whether or not the behaviours have been reported to police, whether or not there has been a criminal prosecution or conviction, and whether or not the behaviours constitute a criminal offence. It includes offenders, alleged offenders and respondents in Family Violence Intervention Order matters.
Practical assistance	In this report, refers to one of the six streams of assistance under the proposed scheme. It would include the following sub-categories for which assistance may be provided to victims: health expenses; housing expenses; safety-related expenses; financial support; expenses for education and returning to work; lost or damaged clothing worn at the time of the criminal act; and other expenses reasonably incurred to access assistance provided under the proposed scheme or to attend justice-related appointments.
Practice Direction	A procedural guideline issued by a judicial officer to guide the practice of a court or tribunal.
Primary victim	In this report, 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.
Proposed Act	In this report, means the Act to establish the proposed scheme.
Proposed model	In this report, means the Victorian Law Reform Commission’s proposed state-funded financial assistance model for victims of crime to be led by an independent, dedicated and specialised decision maker whose powers and functions are prescribed in legislation, comprising the proposed Act and the proposed scheme.
Proposed scheme	In this report means the Victorian Law Reform Commission’s proposed state-funded financial assistance scheme for victims of crime to be established under the proposed Act to replace the existing scheme established under the Victims of Crime Assistance Act 1996 (Vic).
Prosecutorial body	In this report, refers to either Victoria Police, which prosecutes less serious offences (summary offences) or the Victorian Office of Public Prosecutions, which prosecutes more serious offences (indictable offences).
Quantum	A specified amount. In this report, used to describe the amount of financial assistance that a victim can receive under the Victims of Crime Assistance Act 1996 (Vic) or could receive under the proposed scheme.
Quasi-judicial	Describes an administrative body which exercises powers and procedures resembling those of a court or judicial officer, such as conducting hearings.
Recognition statement	In relation to a successful application to the proposed scheme, refers to a statement signed by the scheme decision maker on behalf of the state, which acknowledges the effects of the criminal act on the victim and expresses the state’s condolences.
Recovery expenses	Refers to an award made to a victim under the Victims of Crime Assistance Act 1996 (Vic) in exceptional circumstances for expenses actually and reasonably incurred, or reasonably likely to be incurred, to assist in the victim’s recovery from the act of violence.
Recovery payment	Refers to a lump sum payment that could be awarded to a victim under the proposed scheme to assist the victim in their recovery. A recovery payment would be made under the recovery stream of assistance and would combine the current functions of special financial assistance and recovery expenses under the Victims of Crime Assistance Act 1996 (Vic).
Recovery plan	Under the proposed scheme, victims who receive a recovery payment may request a recovery plan, under which the recovery payment (or a portion thereof) would be held in trust and administered by a scheme case manager for the purpose of paying for agreed specified expenses to assist in the victim’s recovery. Recovery plans would be mandatory for child victims until they turn 18.
Reference objectives	The outcomes and objectives identified in the supplementary terms of reference, and which are used in this report as the criteria to assess the effectiveness of both the existing scheme and other models of state-funded financial assistance for victims of crime.
Registrar	In this report, a staff member of the Victims of Crime Assistance Tribunal with specific powers to make decisions as delegated by the Chief Magistrate.
Related criminal acts	In this report, refers to two or more criminal acts that share a common factor, including criminal acts that are committed against the same person at 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 report, 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.
Relevant offence	In this report, 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, certain sexual offences, and the offences of stalking, child stealing and kidnapping.
Restitution	In this report, 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.
Restorative justice	Refers to a broad range of practices which attempt to repair the harm caused by crime, including facilitated meetings between offenders and victims, family conferences and community circle sentencing.
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 report consists of eight volumes and contains 227 recommendations.
Scheme decision maker	In this report, refers to the person under the proposed scheme who decides applications and makes other decisions under the proposed Act.
Secondary victim	In this report, 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 report, 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 report, a lump sum payment 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 the victim suffered any significant adverse effect as a direct result of an act of violence perpetrated against them.
Specialisation	In this report, refers to specialised decision makers determining certain types of applications for state-funded victims of crime financial assistance under the Victims of Crime Assistance Act 1996 (Vic) or the proposed scheme. An example of specialisation is VOCAT’s Koori List, which manages applications made by victims of crime who are of Aboriginal or Torres Strait Islander origin.
Standard of proof	The degree of certainty required to prove something.
Statement of reasons	Refers to a comprehensive written statement of reasons for the decision maker’s decision under the proposed scheme in relation to an application for assistance, irrespective of the success of the application.
Stream of assistance	Under the proposed scheme, there would be six streams of assistance under which applicants could apply for financial assistance: immediate needs, funeral expenses, counselling, practical assistance, recovery payments or recovery plans and recognition.
Supplementary consultation paper	The consultation paper published by the Victorian Law Reform Commission in August 2017 on the supplementary terms of reference.
Supplementary terms of reference	The terms of reference issued on 7 July 2017, pursuant to section 5(2)(a) of the Victorian Law Reform Commission Act 2000 (Vic), under which the Attorney-General asked the Victorian Law Reform Commission to review and make recommendations in relation to the operation and effectiveness of the Victims of Crime Assistance Act 1996 (Vic) and the Victims of Crime Assistance Tribunal for all victims of crime.
Support and safety hubs	Services launched by the Victorian Government in 2017 to provide a range of information, services and support for victims and perpetrators of family violence in the one place.
Trans*	In this report, an umbrella term to refer to people who identify as transgender, transsexual or gender non-conforming.
Trauma-informed practice	In this report, a practice that involves modifying aspects of service provision to ensure a basic understanding of how trauma impacts the life of an individual seeking a service.
Victim	In this report, refers to a person who has suffered harm as a result of a criminal offence or other form of abuse. Under the proposed Act, it is a defined term that is not limited to the person against whom a criminal act was committed and includes people who witness a criminal act and family members of the direct victim.
Victim categories	Refers collectively to the categories of primary victim, secondary victim and related victim, as defined in the Victims of Crime Assistance Act 1996 (Vic).
Victim-centred	Describes an approach that prioritises victims’ wishes, safety and wellbeing in all matters and procedures.
Victim conference	In relation to a successful application to the proposed scheme, refers to a voluntary conference with the decision maker or deputy decision maker to provide a forum for victims to be acknowledged and heard, and for the impacts of the criminal act on the victim to be acknowledged by the decision maker on behalf of the state.
Victims Assistance Program (VAP)	A program coordinated by the Victims Support Agency through contracted community-based organisations which provides practical support, information, assistance and therapeutic interventions for victims of violent criminal offences in Victoria.
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.
Victims of Crime Consultative Committee	The committee established under the Victims of Crime Commissioner Act 2015 (Vic) to provide advice to the Attorney-General on policies, practices and service delivery and on any other matter that the Attorney-General refers to it. The Committee comprises a chairperson, the Victims of Crime Commissioner, victims of crime and representatives from courts, police, the Adult Parole Board, the OPP and victims’ support services.
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 Victoria. It is empowered to review final decisions of the Victims of Crime Assistance Tribunal.
Victim levy (or offender levy)	Refers generally, in the context of a criminal justice system, to a standard amount levied on all people found guilty of certain criminal offences, with monies received often directed to an allocated victims’ fund, often used as a dedicated revenue stream for a state-funded financial assistance scheme. In some jurisdictions this is called an ‘offender levy’.
Victims Support Agency (VSA)	An agency in the Victorian Department of Justice and Regulation which coordinates services for victims of crime, including the Victims of Crime Helpline, the Victims Assistance Program and the Victims Register.
Victim Survivors’ Advisory Council	Established by the Victorian Government in response to the Royal Commission into Family Violence. Advises the Victorian Government on the various experiences of family violence and the contemporary Victorian service system from the perspective of family violence victims.

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